New answers tagged case-law
1
Are there any case law for written reply to letters or emails constitute proof of service of process?
More precisely, there is case law reflecting that the defendant's reply might be tantamount to waiving the entitlement to further --or to formalities of-- service. See Hwang v. Chu, (CA Court of Appeals, unpublished, Sept. 2016) ("[I]f the ...
1
A response is proof of delivery and notice. The filing of an answer with a court to a complaint in a civil action waives the defense of improper service of process, unless the responsive pleading raised that issue immediately. But no other form of response to a complaint improperly served (such as responding to it with an email) waived the defense of ...
27
While ohwilleke gave a good answer on the limits of citing treaties in US courts, there's a more fundamental issue: the UDHR is not a treaty. It's a resolution of the UN General Assembly, and like virtually all General Assembly resolutions it has no binding effect under international law (the only General Assembly resolutions that are binding are about ...
26
The Universal Declaration of Human Rights is not self-executing and may not be applied in U.S. courts as binding law. See, e.g., Barbara Macgrady, Note, Resort to International Human Rights Law in Challenging Conditions in U.S. Immigration Detention Centers, 23 BROOK. J. INT'L L. 271, 300 (1997) ("Since Congress has made its intent clear [by adopting ...
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