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Common Law Essay

3674 words - 15 pages

1- Define
Common law, derived from English law and found in England, the United States, Canada, and other countries once under English influence;
Civil or code law, derived from Roman law and found in Germany, Japan, France, and in non-Islamic and non-Marxist countries;
Islamic law, derived from the interpretation of the Koran and found in Pakistan, Iran, Saudi Arabia, and other Islamic states;
A commercial legal system in the Marxist-socialist economies of Russia & the republics of the former Soviet Union, Eastern Europe, China, and other Marxist-socialist states whose legal system centered on the economic, political, and social policies of the state.
Arbitration
A procedure used as ...view middle of the document...

Arbitration
A procedure used as an alternative to “litigation” in which parties in a dispute may select a disinterested party as referee to determine the merits of the case & make a judgment that both judges agree to honor.
Litigation
The process in which a dispute between parties is contested in a formal judicial setting,. Commonly instigated by a law suit asserting one party’s version of the facts. Marxist – socialist tnets
Cyber squatters
Person or businesses that buy, usually for a nominal fee, & register as web site names descriptive nouns, celebrity names, variations on company trade marks, geographic & ethic group names & pharmaceutical \& other descriptors & then hold them until they can be sold as an inflated price.
Sometimes called CSQ

CONCILATION
- A non binding agreement between parties to resolve disputes by asking a third party to mediate differences.
- Also know as mediation.
– Sessions are private
– All conferences between parties and the mediator are confidential
Prior use versus registration

- The principle that ownership of intellectual property rights usually goes to whoever can establish first use..

2- How does the international marketer determine what legal system will have jurisdiction when legal disputes arise?

Since there is no judicial body to deal with legal problems arising between citizens of different countries, the foreign marketer must look to the legal systems of all the countries involved; that is, the laws of his own country & the laws of the country in which he is conducting business.

In general, a U.S. citizen is subject to the laws of the U. S. as well as to those of any foreign country in which he lives or works.

In the case of a conflict, & unless the government of the citizen takes up the citizen’s case in an international court, jurisdiction is generally determined

(1) on the basis of jurisdictional clauses included in the contract,

(2) on the basis of where a contract was entered into, or

(3) on the basis of where the provisions of the contract were performed.

The jurisdictional clause is the most clear-cut & is usually honored.

3- Discuss the state of international commercial law.

Commercial law, varies in meaning between common law (where commercial disputes are subject either to civil or commercial law) & code law (where a codified inclusive commercial law exists).

Consequently, there is no such thing as an “international” commercial law,

In general, the marketer must deal with national commercial laws & must vary his operations from country to country with regard to its individual laws.

Progress toward unification is being taken with greatest success in the EEC countries, which eventually aim toward a unified commercial legal system as well as unification in all other areas, especially political.

4- Discuss the limitations of jurisdictional clauses in contracts.

In...

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