Filtered by Category: Interviews
Individuals cannot file constitutional cases directly with The Constitutional Court of Romania. If constitutional matters are raised during commercial matters, the judge of the commercial matter may file a case with the constitutional court regarding the constitutional matters raised and it will be solved independently of the pending commercial matter.
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When a side wins, the other can be convicted to reimburse the court fees paid by the wining party as well as a compensation for attorney fees. However, that compensation is calculated by reference to the court fees paid by the parties and not for the real costs incurred to with attorneys. Most of the time, the compensation is not nearly enough to pay for said fees.
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Many common law claims also exist in Pakistani law and were generally codified in statute by the British. Pakistan also generally follows the common law tradition of reasoning. However, in some respects, statutory interventions and the need for laws to be consistent with Islam means that some common law claims are not available under Pakistani law.
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In civil cases, a court deposit is required. If the client wins, then the court deposit is refunded. If the client loses the deposit is forfeited. The prevailing party in a court dispute can also claim attorney’s fees. However, the Thai court rarely grants the other party’s legal fees in civil cases. If a client is granted attorneys’ fees, then the fees are awarded pursuant to a specific court rate. The court rate attorneys’ fees are much less than the market rate.
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In Nigeria, parties are required to file along with their pleadings, a list of witnesses they intend to call, together with their statements on oath as well as copies of all documents they intend to rely on at the trial. This concept is known locally as “frontloading.”
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The Danish courts have been overwhelmed with cases the last few years. There is currently a focus on expediting cases concerning violence, weapons and sexual abuse. Thus, the civil cases are scheduled for hearing before a judge 15-24 months after the initial pleading/subpoena.
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The law of England & Wales only applies in England & Wales. There is no UK legal system as such. The Scottish legal system is quite different to that of England & Wales and of Northern Ireland, in that it is not based on common law principles, rather it is based on Roman law and is similar to the continental European systems. It has adopted certain aspects of the English system and is now a form of “hybrid” civil/common law system. It also has a split profession.
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French courts do not reimburse all of a prevailing party’s legal fees, but the court can award a very high amount (over a hundred thousand Euros) in the commercial court. The reimbursements are less, and mostly symbolic in other courts, like the employment, civil, criminal, and administrative courts.
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In Cameroon, some courts follow the common law system and others follow the civil law system. This is due to the bijural nature of the country that dates from time of colonisation by Britain and France. In the Supreme Court, common law and civil law judges sit together as a panel to hear matters. Each type of judge decides matters concerning their legal system.
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Tribal courts will hear contract cases if there is a clause in a contract in which the parties agree to tribal court jurisdiction. They generally will honor contract forum selection clauses, but if there is a non-sophisticated party that didn’t understand the contract when he or she signed it, the tribal court may disregard it.
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The court may apply foreign law as long as it does not contradict or conflicts with Saudi law or Sharia. This is because the first article of the Saudi Litigation Law says that "courts shall apply the provisions of Sharia to cases brought before them, as derived from the Quran and Sunnah, and State laws not conflicting therewith. Proceedings before such courts shall comply with the provisions of this law. Therefore, when applying a foreign law, the court will make sure it does not conflict with the laws of Saudi Arabia or Sharia.
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According to the Constitution of India, unless the Parliament by law provides otherwise, all proceedings before the Supreme Court and in every High Court shall be conducted in English. In some exceptional cases where some other language is used during the proceeding in a High Court, the judgment in any event must be delivered in English.
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