Foreign Judgments

Foreign Judgments in the United States Foreign Judgments and the State Laws Select from the list of U.S. States below for state-specific information on Foreign Judgments: Foreign Judgments in the Subject Index of the Alabama Portal Foreign Judgments in the Subject Index of the Alaska Portal […]

Erie Doctrine

Erie Doctrine in the United States Erie Doctrine in the Context of International Disputes Applicable Law and the Erie Doctrine in International Civil Litigation Analysis of the Applicable Law and the Erie Doctrine Erie Doctrine (Federal, State Interrelationships) This section introduces, […]

Federal Common Law

Federal Common Law in the United States United States Constitution According to the Encyclopedia of the American Constitution, about its article titled "FEDERAL COMMON LAW, CIVIL": In the English legal tradition to which this country is heir, judge-made common law law developed by […]

Discovery

Discovery in the United States A procedure used before civil trials that allows one party to obtain information about a case from the opposing party. Discovery assists litigants in civil suits prepare for trial. Evidence is basically gathered in three ways during discovery. The first is by […]

Personal Jurisdiction

Personal Jurisdiction in the United States Personal Jurisdiction in the Context of Corporate Affiliations and Agency Relationships Personal Jurisdiction Based on Alter Ego Status in International Civil Litigation Analysis of the Personal Jurisdiction Based on Alter Ego Status in relation to […]

Constitutional Limits

Constitutional Limits in the United States Constitutional Limits in the Context of Constitutional Limitations Constitutional Limits on State Legislative Jurisdiction in International Civil Litigation Analysis of the Constitutional Limits on State Legislative Jurisdiction in relation with the […]

Foreign Service

Foreign Service in the United States Introduction to Foreign Service United States Foreign Service, segment of the United States Department of State that aids in maintaining peaceful cordial relations between the United States and other nations. The Foreign Service was established by Congress […]

Waivers

Waivers in the United States Introduction to Waivers The purpose of Waivers is to provide a broad appreciation of the Waivers legal topic. Select from the list of U.S. legal topics for information (other than Waivers). Waivers (Arbitrations) This section introduces, discusses and describes […]

Jurisdiction

Jurisdiction in the United States The power of a court to act, including its authority to hear and decide cases. Jurisdiction defines the boundaries within which a particular court may exercise judicial power. Judicial power is specifically conveyed through the assignment of jurisdiction. The […]

Parties

Parties in United States Parties Definition

(Lat. pars, a part. Those who take part in the performance of an act, as, making a contract, carrying on an action. A party in law may be said to be those united in interest in the performance of an act. It may then be composed of one or more […]

Immunity

Immunity in the United States A means of securing testimony in a judicial or legislative proceeding by satisfying the privilege against self-incrimination. Immunity prevents a person from involuntarily becoming a witness against himself or herself. The government can compel a person to […]

Foreign Policy

Foreign Policy in the United States Issues Regional Issues “For America, the choice is clear: We choose hope over fear. We see the future not as something out of our control, but as something we can shape for the better through concerted and collective effort. We reject fatalism or cynicism […]

Noerr-Pennington Doctrine

Noerr-Pennington Doctrine in the United States Noerr-Pennington Doctrine in the Context of International Disputes Act of State and Foreign Compulsion Doctrines in International Civil Litigation Analysis of the Act of State and Foreign Compulsion Doctrines Choice of Law in International […]

Subject Matter Jurisdiction

Subject Matter Jurisdiction in United States Main US Decisions: 1. Aquamar v. Del Monte Fresh Produce 2. Ross v. Rittenhouse 3. Chisholm, Ex'r. v. Georgia 4. Hamdan v. Rumsfeld 5. In Re DRAM 6. Lopez v. Gonzales 7. Taveres v. Tavaraz 8. Sinochem International Co v. Malaysia […]

Venue

Venue in the United States The geographical area or district in which a court may hear a case. Venue refers to the location of a trial. Venue differs from jurisdiction in that the latter defines the authority of a court to hear a matter while the former defines only the place that judicial […]

Alienage Jurisdiction

Alienage Jurisdiction in the United States Alienage Jurisdiction in the Context of Alienage Jurisdiction Contemporary Statutory Grants of Alienage Jurisdiction in International Civil Litigation Analysis of the Contemporary Statutory Grants of Alienage Jurisdiction in relation to the Subject […]

Enforcement

Enforcement in the United States Enforcement in Environmental Law Both federal and state governments can enforce the pretreatment regulations. However, the EPA generally holds the permittee (the publicly owned treatment works) responsible for violations of its permit, even if an industry […]

Choice of Forum

Choice of Forum in the United States Choice of Forum in the Context of International Disputes Choice of Forum in International Civil Litigation Analysis of the Choice of Forum . Forum Non Conveniens in International Litigation in International Civil Litigation in the United States Courts Find […]

Service of Process

Service of Process in the United States Authority Federal law The Federal law governing service of process in civil cases is found in Rule 4, Federal Rules of Civil Procedure, Rule 4(f)(1) F.R.Cv. P. (28 U.S.C. Appendix Rule 4): "(f) Service Upon Individuals in a Foreign Country. […]

Arbitrability

Arbitrability in the United States Arbitrability in the Context of International Enforceability The Non-Arbitrability Doctrine in U.S. Courts in International Civil Litigation Analysis of the The Non-Arbitrability Doctrine in U.S. Courts Introduction Read more information about the […]

Sovereign Immunity

Sovereign Immunity in United States Sovereign Immunity Definition Governmental Immunity in this legal Encyclopedia Sovereign Immunity definition in the Law Dictionary Sovereign Immunity in Foreign Legal Encyclopedias

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Sovereign Immunity, Sovereign […]

Choice of Law

Choice of Law in the United States Choice of Law and Constitutional Rights According to theEncyclopedia of the American Constitution, "in the system of American federalism, some transactions and phenomena are governed by supreme federal law and others by state law. In the latter […]

State Law

State Law in the United States The power of state law has historically included governing the following kinds of issues and claims: Contracts, including sales, commercial paper, letters of credit, and secured transactions Torts Property, including real property, bailments of personal […]

Expropriation

Expropriation in United States Expropriation Definition Compulsorily depriving a person of a right of property belonging to him in return for a compensation. The term has been introduced from its use in foreign countries to denote a compulsory purchase of land, etc., for the purposes of a […]

International Law

International Law in United States International Law Definition The system of rules which Christian states acknowledge to be obligatory upon them in their relations to each other and to, each other's subjects. It is the jus inter gentes, as distinguished from the jms gentium. The rules of […]

Terrorism

Terrorism in the United States Terrorism Definition It means the systematic use of terror especially as a means of coercion. The U.S. Army definition is as follows: the calculated use of violence or the threat of violence to attain political or religious ideological goals through […]

Default Judgments

Default Judgments in the United States Introduction to Default Judgments (State statute topic) The purpose of Default Judgments is to provide a broad appreciation of the Default Judgments legal topic. Select from the list of U.S. legal topics for information (other than Default Judgments). […]

Forum Non Conveniens

Forum Non Conveniens in the United States Forum Non Conveniens in the Context of International Disputes Forum Non Conveniens in International Litigation in International Civil Litigation Analysis of the Forum Non Conveniens in International Litigation . Introduction and Background in […]

Federal Jurisdiction

federal Jurisdiction in the United States Jurisdiction, Federal United States Constitution According to the Encyclopedia of the American Constitution, about its article titled JURISDICTION, FEDERALAs alexander hamilton stressed in the federalist #78, the power and obligation of federal judges […]

Public Policy

Public Policy in United States Public Policy Definition The criterion by which the courts condemn contracts as opposed to the public will, or as tending to subvert the public welfare. Thus, public policy invalidates contracts tending to immorality, as for the rental of a brothel (27 Mo. App. […]

Federal Question Jurisdiction

Federal Question Jurisdiction in the United States United States Constitution According to the Encyclopedia of the American Constitution, about its article titled FEDERAL QUESTION JURISDICTIONArticle III of the Constitution provides that the judicial power of the united states shall extend to […]

Common Law

Common Law in the United States Common Law Definition That system of law or form of the science of jurisprudence which has prevailed in England and in the United States of America, in contradistinction to other great systems, such as the Roman or civil law. As distinguished from statute […]

Territory

Territory in United States Territory Definition A part of a country separated from the rest, and subject to a particular jurisdiction. The extent or compass of land and the waters thereof within the bounds of or belonging to the jurisdiction of any sovereign state, or city or other body. 110 […]

Extraterritoriality

Extraterritoriality in United States Extraterritoriality Definition That quality of laws which makes them operate beyond the territory of the power enacting them, upon certain persons or certain rights. See Wheaton, Int. Law (6th Ed.) 121 et seq. Extraterritoriality in Foreign Legal […]

Federal Courts

Federal Courts in the United States Introduction to Federal Courts Over the past 200 years the federal judiciary has evolved from a simple set of courts with limited caseloads into a complex arrangement of courts that interact with one another and the state courts. The modern system […]

General Jurisdiction

General Jurisdiction in the United States General Jurisdiction in the Context of Courts General Jurisdiction General Jurisdiction Based on Presence or Continuous and Systematic Business Activities Within the Forum in International Civil Litigation Analysis of the General Jurisdiction Based on […]

Exclusivity

Exclusivity in the United States Exclusivity in the Context of Service of Process Abroad Exclusivity of the Hague Service Convention in International Civil Litigation Analysis of the Exclusivity of the Hague Service Convention The Hague Service Convention Preempts Service Mechanisms Under […]

Nationalization

Nationalization in the United States Nationalization in the Context of Foreign Countries In Zappia Middle E. Constr. Co. v. Emirate of Abu Dhabi (215 F.3d 247, 251 (2d Cir. 2000)), the Court helds that the the legislative history makes clear that the phrase ‘taken in violation of […]

Treaty Exception

Treaty Exception in the United States Treaty Exception in the Context of Treaty Exceptions The Treaty Exception in International Civil Litigation Analysis of the The Treaty Exception in relation with the Exceptions to the Act of State Doctrine. Political outrage following the Sabbatino […]

Foreign Sovereign Immunities Act

Foreign Sovereign Immunities Act in the United States Foreign Sovereign Immunities Act in the Context of Federal Question Jurisdiction Sovereign Immunity and Judicial Jurisdiction Under the Foreign Sovereign Immunities Act in International Civil Litigation Analysis of the Sovereign Immunity […]

Applicable Law

Applicable Law in the United States Applicable Law in the Context of International Disputes Applicable Law and the Erie Doctrine in International Civil Litigation Analysis of the Applicable Law and the Erie Doctrine Resources See Also Convention on the Taking of Evidence Abroad Taking of […]

Conflict of Laws

Conflict Of Laws in United States Conflict Of Laws Definition A contrariety or opposition in the laws of states in those cases where, from their relations to each other, or to the subject-matter in dispute, the rights of the parties are liable to be affected by the laws of both jurisdictions. […]

Jurisdictional Limits

Jurisdictional Limits in the United States Jurisdictional Limits in the Context of Law Limits Relationship Between U.S. State Law and Jurisdictional Limits of Customary International Law in International Civil Litigation Analysis of the Relationship Between U.S. State Law and Jurisdictional […]

Specific Jurisdiction

Specific Jurisdiction in the United States Specific Jurisdiction in the Context of Specific Jurisdiction, Foreign Defendants Specific Jurisdiction in International Product Liability and Tort Cases in International Civil Litigation Analysis of the Specific Jurisdiction in International Product […]

Commercial Activity

Commercial Activity in the United States Commercial Activity in the Context of Foreign Sovereign Immunities Legislation The phrase “commercial activity” refers to “the character of the foreign state’s exercise of power rather than its effects” (Rong v. Liaoning Provincial Gov’t, 452 F.3d […]

International Arbitration

International Arbitration in the United States International Arbitration in the Context of International Arbitration Overview of International Legal Framework for Arbitration in International Civil Litigation Analysis of the Overview of International Legal Framework for Arbitration The New […]

Foreign State Agencies

Foreign State Agencies in the United States Foreign State Agencies in the Context of Foreign Sovereign Immunities Legislation Agencies and Instrumentalities of Foreign States in International Civil Litigation Analysis of the Agencies and Instrumentalities of Foreign States in relation with the […]

International Product Liability

International Product Liability in the United States International Product Liability in the Context of Specific Jurisdiction, Foreign Defendants Specific Jurisdiction in International Product Liability and Tort Cases in International Civil Litigation Analysis of the Specific Jurisdiction […]