Foreign Court - Law Dictionary Search Results
Home Dictionary Name: foreign court Page: 2Lis pendens
Lis pendens (a pending suit). The pendency of another action between the same a parties for the same cause of action might, under the former practice, have been pleaded in abatement, though not in bar; but the pendency of an action in an inferior or foreign court could not be so pleaded. Such matter may now be setup by way of defence, or the action may be stayed by the court, under the (English) Judicature Act, 1925, s. 41, replacing Judicature Act, 1873, s. 24 (5).The actual pendency of a suit in equity was regarded as notice of the suit to all the world, though after a complete decision the public attention may be supposed to be drawn off to other matters, and therefore a person was allowed to be ignorant of a final decree of the court made in a cause in which he was not concerned, see Price v. Price, (1887) 35 Ch D 297. But by the (English) Judgments Act, 1839 (2 & 3 Vict. c. 11), s. 7, it was enacted that no lis pendens shall bind a purchaser or mortgagee without express notice the...
Anti-suit injunction
Anti-suit injunction, is a specie of injunction. When a court restrains a party to a suit/proceeding before it, from instituting or presenting a case in another court including a foreign court, Modi Entertainment Network v. W.S.G. Cricket Pvt. Ltd., (2003) 4 SCC 341....
International Law
International Law. I. Public Law: The law of nations, strictly so called, was in a great measure unknown to antiquity, and is the slow growth of modern times, under the combined influence of Christianity, intercourse, commerce and war.II. Private Law (Conflict of Laws): It is plain that the laws of one country can have no intrinsic force, proprio vigore, except within the territorial limits and jurisdiction of that country. They can bind only its own subjects and others who are within its jurisdictional limits; and the latter only while they remain therein. No other nation, or its subjects, is bound to yield the slightest obedience to those laws. Whatever extra-territorial force they are to have is the result not of any original power to extend them abroad, but of that respect which, from motives of public policy, other nations are disposed to yield to them, giving them effect, as the phrase is, sub mutu' vicissitudinis obtentu, with a wise and liberal regard to common convenience and ...
Embassy
The public function of an ambassador the charge or business intrusted to an ambassador or to envoys a public message to foreign court concerning state affairs hence any solemn message...
Plenipotentiary
A person invested with full power to transact any business especially an ambassador or envoy to a foreign court with full power to negotiate a treaty or to transact other business...
Charge d'affaires
Charge d'affaires, a diplomatic representative of a foreign court, to whose care are confided the affairs of his nation....
letter
letter 1 : a direct written statement addressed to an individual or organization ;broadly : an official communication see also counterletter determination letter : a letter from an administrative agency (as the Internal Revenue Service) usually in response to a request in which a determination, decision, or ruling (as whether an organization qualifies as charitable) is made information letter : a letter from an administrative agency usually in response to a request that provides information and esp. that simply calls attention to an interpretation or principle of law letter of intent : a letter in which the intention to enter into a formal agreement (as a contract) or to take some specified action is stated letter ro·ga·to·ry [-rō-gə-tȯr-ē] [probably partial translation of Medieval Latin littera rogatoria letter of request] : a formal written request by a court to a court in a foreign jurisdiction to summon and examine a witness in accordance...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Letters of request
Letters of request: (1) The mode of commencing an original suit in the Court of Arches, instead of proceeding in the first instance in the Consistory Court. These letters dispense with instituting a suit in an inferior ecclesiastical jurisdiction, and authorize it in the superior Court, otherwise only a Court of Appeal. The judge of the inferior Court waives his jurisdiction, which attaches to the appellate Court, without consent from the intended defendant, 1 Hagg. Eccl. R. 4, note (a).See also (English) Church Discipline Act, 1840 (3 & 4Vict. c. 86), s. 13, by which a bishop may send a case by letters of request to the Court of Appeal to the province.(2) The words 'letters of request' are used with reference to the 'request to examine witnesses in lieu of a commission,' which may be made under R.S.C., Ord. XXXVII., r. (6) (a), to the courts of foreign countries and the Colonies. It is the only method of obtaining evidence in some countries. See notes to the above rule in Annual Pract...
Comity of Nations
Comity of Nations, the most appropriate phrase to express the true foundation and extent of the obligation of the laws of one nation within the territories of another. It is derived altogether from the voluntary consent of the latter, and is inadmissible when it is contrary to its known policy or prejudicial to its interests. In the silence of any positive rule affirming or denying or restrain-ing the operation of foreign laws, courts of justice presume the tacit adoption of them by their own government, unless repugnant to its policy or prejudicial to its interests. It is not the comity of the courts, but the comity of the nation, which is administered and ascertained in the same way, and guided by the same reasoning, by which all other principles of the municipal law are ascertained and guided, Story's Conflict of Laws, s. 38, and see Westlake's Pr. Intern. Law....
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