Filtered by Category: Interviews
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.
Read More
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.
Read More
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.
Read More
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.
Read More
In some commercial cases, like employment cases with schools, our rabbis’ familiarity with the culture is important. And there are many situations in disputes where pure Jewish law applies and Beth Din judges have the competence to decide that in a way that secular courts don’t.
Read More
Israel does not have much evidence exchange before trial. The only requirement is that parties to a dispute are obliged to forward relevant documents to their counterparty. Then, after the last pretrial hearing, the judge usually orders the parties to file their evidence with the court by sworn affidavits.
Read More
Each of the seven emirates maintain the right to choose either to participate in the Federal Judiciary or to maintain its own local judicial system. The emirates of Sharjah, Ajman Fujairah and Umm Al Quwain follow the federal judicial system.
Read More
If there are disputed technical issues in a lawsuit in Brazil, the parties may ask the judge to appoint an expert. In that case, the parties write questions to this expert, who prepares a report giving his opinion on the matter and answering the parties’ questions.
Read More
Disputes regarding intellectual property can range from interpreting a license agreement or non-disclosure agreement, to stopping infringement, to seeking damages for infringement, to exploring potential business opportunities with an infringer, or a combination thereof.
Read More
When I do attend the County Court or Supreme Court (not a tribunal) in person, only robes are required (no wigs except in exceptional circumstances), and even then, only for substantive hearings (such as trial) for the practitioner addressing the court and not the practitioner instructing the addressing practitioner.
Read More
The parties or their pleaders shall produce, at the first hearing of the suit, all the documentary evidence of every description in their possession or power, on which they intend to rely. They must also list down the details thereof, including the names and address of the witnesses, while filing their statement of claim or statement of defense in the court.
Read More
Unlike the U.S., there is no evidence discovery system in China. In principle, parties should bear the burden of proof for their claims/defenses and arguments in lawsuits. As a result, plaintiffs usually initiate lawsuits when they believe they have enough evidence to win.
Read More