the Uniform Computer Information Transactions Act article 2b section 110. The forum selection clause limits jurisdiction for the parties who enter into an agreement containing the clause. The enforceability of the forum selection clause came to question through the case of Bremen v. Zapata Off-Shore Co in 1972. Despite having a forum-selection clause‚ courts refused to decline jurisdiction on the basis of forum non convenience. Bremen v. Zapata Off-Shore Co is a precedent setting case which is now
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attention has been focused on non―Muslims wishing to dispute official records of their Muslim identity. In Malaysia‚ Muslims are governed by both the civil laws and Shariah laws‚ with the former applicable universally while the latter only has jurisdiction over Muslims. But the parallel court systems suggest a legal limbo for Malaysians who do not identify themselves as Muslims but wish to remove the status from their records. In a recent interview‚ the Department of Syariah Judiciary Malaysia
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COURTS This consists of the High Court of Malaya‚ the High Court of Sabah & Sarawak‚ the Court of Appeal and the Federal Court. The Federal Court is the highest court of the land. High CourtsThe High Courts have general supervisory and revisionary jurisdiction over all the Subordinate Courts and hear appeals from the Subordinate Courts in civil and criminal matters. They hear matters relating to the validity or dissolution of marriage (divorce) and matrimonial causes‚ bankruptcy and companies winding
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case) STATE Trial court-1 judge Appellate court- 4 judges State Supreme Court 5 or more judges The lowest court for both state and federal where the dispute is first brought and tried is the court of original jurisdiction. Supreme courts and the appellate courts have appellate jurisdiction. When case is appealed they are concerned with any errors in the law at the lower level. 6. STRUCTURE OF THE CONSTITUTION – ARTICLES/ AMENDMENTS Article I powers of congress Article 2 powers of
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to claim back the HK$22‚000 with minimal litigation costs. 2. Possess 0.05 gram ketamine is categorized as a summary offence. Legal actions for summary offences can be heard in the Magistracy. The Magistracy was set up to exercise criminal jurisdiction over a wide range of indictable and summary offences meriting up to 2 years’ imprisonment and a fine of $100‚000. Magistrate can also issue warrants‚ bind a person over to keep the peace and a grant bail. 3. Annie will bring an action under
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LABOR ARBITER AND THE NLRC HAD NO JURISDICTION OVER THE CASE. — The basic issue in this case is whether the Memorandum of Agreement executed on July 15‚ 1988 gave ICMC immunity from suit. The Court holds it did. Consequently‚ both the Labor Arbiter and the NLRC had no jurisdiction over the case. Petitioner’s contention that the Memorandum of Agreement is not an act of Congress which is needed to "repeal or supersede" the provision of the Labor Code on the jurisdiction of the NLRC and of the Labor Arbiter
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CIVIL PROCEDURE Rules 1 – 71 I. GENERAL PRINCIPLES Concept of Remedial Law Remedial Law is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion Substantive Law as Distinguished from Remedial Law Substantive law creates‚ defines and regulates rights and duties regarding life‚ liberty or property which when violated gives rise to a cause of action (Bustos v. Lucero‚ 81 Phil. 640). Remedial law prescribes the methods of enforcing
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to this law “the plaintiff must have some stake in the outcome of the lawsuit” (Cheeseman‚ 2010‚ p. 43). If the plaintiff does not have this they cannot bring the suit to court. The next question that must be determined is who or where will have jurisdiction over the case. This is also one of the questions that is asked in the individual assignment. Problem 3.5 The assignment asks readers to take a closer look at the National Enquirer and a lawsuit that was submitted against them. The first question
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Introduction Piracy is certainly an Eastern Africa problem in recent years. It is‚ somehow‚ an expression of organised crime. For the last decade‚ piracy has made a home off the coast of Somalia and has‚ over the last three years or so‚ become increasingly disruptive to international trade. However‚ it has been a cause of deep concern for several centuries‚ indeed millennia in other parts of the world. For much of the 20th century‚ piracy was regarded as a problem most frequently associated
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Justice Gray held that no sovereign is bound to execute foreign judgments‚ but the general comity‚ utility‚ and convenience of nations “established a usage among most civilized states‚ by which the final judgments of foreign courts of competent jurisdiction are reciprocally carried into execution‚ under certain regulations and restrictions‚ which differ in different countries.” In that decision‚ Justice Gray also provided the foundation for all subsequent common law and statutory formulas for the
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