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Germany is a two-party consent jurisdiction—telephone recording without the consent of the two or, when applicable, more, parties is a criminal offence according to § 201 of the German Criminal Code [9] —violation of the confidentiality of the spoken word. Telephone tapping by authorities has to be approved by a judge.
The process of introducing a consent decree begins with negotiation. [5] One of three things happens: a lawsuit is filed and the parties concerned reach an agreement prior to adjudication of the contested issues; a lawsuit is filed and actively contested, and the parties reach an agreement after the court has ruled on some issues; or the parties settle their dispute prior to the filing of a ...
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The term pro forma (Latin for "as a matter of form" or "for the sake of form") is most often used to describe a practice or document that is provided as a courtesy or satisfies minimum requirements, conforms to a norm or doctrine, tends to be performed perfunctorily or is considered a formality.
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A party other than the defendant can, in some limited cases, grant consent. The consenting party needs to actually possess or be believed by the searching officer to possess "common authority over or other sufficient relationship to the premises or effects sought to be inspected." For example, the Supreme Court in United States v.
Third-party BATNAs are sought when two parties in a negotiation are unable to come to a common conclusion on their own or the dispute between them is endless. So, a third party is required in the form of either: Mediation: A neutral third party is brought in to help the disputing parties resolve the dispute on their own. Mediation does not ...