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Foreign Law - Definition - Law Dictionary Home Dictionary Definition foreign-law

Definition :

Foreign law in the courts of this country is a question of fact, which is decided by the judge, not the jury (Administration of Justice Act, 1920, s. 15). See LAW, QUESTIONS OF, and SKILLED WITNESS. By the (English) Foreign Law Ascertainment Act, 1861 (24 & 25 Vict. c. 11), the High Court of Justice may remit a case with queries to foreign courts of the countries with which a convention shall have been entered into for the purpose by the British Crown for ascertainment of the foreign law, and may apply the opinion obtained to the facts of the case. According to a note in the Annual Practice, 1936 p. 658, 'in the only case in which it is known to have been used, the report of the foreign authority was received through the diplomatic channel and was filed in the Central Office, in the same way as depositions are filed; an office copy being taken for use.'

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