Questions tagged [conflict-of-laws]

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What effect does the EU Biopatent Directive have if there is the independent European Patent Office with its own law and court?

The EU Commission and the European Patent Office (EPO) are currently fighting over whether plants that are not registered varieties are patentable. The EPO exists independently from the EU as an ...
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0answers
24 views

Sulamerica three step approach

I am looking for cases where courts or tribunals have applied the three step approach (established in the Sulamerica case) to determine the law governing the arbitration agreement. I have found ...
2
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1answer
682 views

Conditions that denote as true (allowed) or false (not allowed) for a written law

What is the general rule law professors teach in law school for determining whether something is allowed or not allowed, based on written law? When I read any piece of legislation, I sometimes wonder ...
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0answers
33 views

Must US public agencies accept electronic notarizations performed in other US states?

In the vast majority of the United States, notarizations are required to be performed on physical paper while physically in front of a notary. However, Virginia has authorized notaries within their ...
14
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3answers
3k views

Order of precedence in cases where more than one nation has an interest?

... Disclaimer first: This is a hypothetical that came up during a discussion elsewhere. No real people were harmed during the creation of this question, and any resemblance to current or past events ...
0
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4answers
108 views

How would you know if the court should apply foreign or local law?

I have a question about laws in general. If someone were to get arrested in the United States for charges on misappropriation of trade secrets committed in Canada, would the court apply international (...
7
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1answer
174 views

What happens when court orders issued by different countries contradict each other?

Two recent examples have prompted me to wonder about this: In the Equustek case a Canadian company has gained an injunction in the Canadian courts ordering Google to remove certain material worldwide....
2
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2answers
415 views

GDPR - Right to erasure - Conflicting laws

I'm reading up on EU's GDPR in relation to an anonymization product I am working on. The one section that has raised a few questions is article 17 - The right to erasure, or more popularly referred to ...
13
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2answers
5k views

Am I obligated to pay a mortgage if a region is annexed?

This is a hypothetical question. Suppose I buy a house and have a mortgage. Later, the region my house is in is annexed by another country. Let's assume also that the mortgage I took out is based in ...
0
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1answer
492 views

Conflict of Interest for Private Consulting While Working at Company in Same Industry?

I have plans to branch out into private consulting in the field I am currently employed in. Several exisiting clients have approached me expressing strong interest in working with me privately, based ...
2
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1answer
181 views

UK: Is it legal to present in court a document/evidence which you are not allowed to keep?

Imagine an employee whose contract requires to return all copies of employer's information back to employer once employment is over. But that employee is going to take the former employer into ...
-2
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1answer
44 views

French school of 16th century

I would like to know if you could help me define which school influenced this decision? A couple of Brazilians living in the United States had to appeal to the High Court of Justice of Brazil to ...
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1k views

What jurisdiction do remote workers fall under?

There are many sites like elance.com or fiverr.com where you can contract out work online - often to foreign countries. Besides short-term or fixed price contracts, it's also possible to hire a remote ...