Questions tagged [comparative-law]
the comparison of law between one country and others.
79 questions
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Does codifying evidence law freeze privilege categories and block new ones from developing?
I have been reading about privilege doctrines across common law jurisdictions and am trying to understand a structural difference.
In England, litigation privilege (protecting communications with ...
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How do courts outside Britain address the question of public access to documents used in civil cases?
Traditionally courts have been open to the public and every document considered by the court was read out.
With regard to hearings before the trial takes place (e.g. hearings of applications/motions ...
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How do legal systems handle evidentiary standards that require proving historical mental states?
India's Supreme Court established in Uday v. Karnataka (2003) that rape by deception requires proving the accused's promise was fraudulent "from the very beginning" of the relationship, not ...
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How does the lack of costs-shifting in USA work?
In England and Wales and a number of other jurisdictions the general expectation is that if you win your case the loser is ordered to pay your legal costs. There are some exceptions. Also the court ...
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Sources of left- and right-side driving on public roads? [closed]
(Herewith I will narrow the focus of this question so it is only about the U.S.A., and just possibly might give readers some subtle clues raising suspicions that I may have heard of England.)
In which ...
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How are NGOs supposed to handle the case of very few potential tender bidders?
When non-profit/public-benefit/charitable organizations need services rendered, that they cannot recruit employees for, or contract individuals for, they often use the mechanism of a tender: ...
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Do any jursidictions have criminal speed limits and lower non-criminal speed limits?
I find it strange that in England (and as far as I know everywhere else) there's no margin between driving speeds that are officially considered entirely reasonable (e.g. anything up to 70MPH) and ...
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Under English common law, do adopted children have the same inheritance rights as biological children?
In Iran, adopted children do not inherit from adoptive parents under the Civil Code (e.g., Article 861). I’m trying to understand how this compares with other systems, particularly English common law ...
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Does gender affect the legal value of testimony in Islamic law and common law systems?
As an attorney familiar with Iranian law — a system largely influenced by Islamic jurisprudence — I understand that in many legal areas, the testimony of men and women is treated equally, while in ...
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Variety of meanings of the term "birth certificate"?
I have the impression that the term "birth certificate" does not have the same meaning in all of the states in the U.S.A. and I know that what it means in the Province of Manitoba is ...
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Is it possible for a law to force someone to do something, instead of just imposing criminal penalties for not doing it?
Say there is an obligation imposed by law.
A law could be written that says that people who fail to act as obligated are guilty of a crime of such and such level and shall be punished with such and ...
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Finality of leave to appeal refusals
In New Zealand, where a criminal appeal can be brought only by leave and this leave is refused, there is no way to apply to the higher court to review this refusal. It is final as per s 213(3) ...
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Are there any (anglophone) countries besides the US that declare grenades to be "weapons of mass destruction"?
18 USC § 2332a(c)(2) defines a "weapon of mass destruction" to be "any destructive device as defined in section 921 of this title" (besides some things more widely considered as ...
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How do inter-country differences in IP law interact with global companies and internet services? [duplicate]
Intellectual property laws vary by country, but are enforceable to some extent internationally. When we are talking about potentially tortuous actions taken by companies that can operate anywhere in ...
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How widely globally are compounding pharmacies allowed to make "Ozempic knockoffs" and similar?
Bloomberg is reporting (avaoiding paywall) that in the US compounding pharmacies are allowed to make their own versions of patent protected drugs if "the treatments is in short supply". ...
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