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The rule provides that "a United States court of appeals may certify to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of the nature of the case and the facts on which the question or proposition of law arises.
This articles also says that in absence of an explicit choice of law, a protected consumer contract is governed by the law of the consumer's habitual residence. In Art. 6 (II) the involved parties are given the possibility of a free choice of law. But the choice of law is legally void, if the consumer protection is limited by this choice. [2]
The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of ...
At common law, notice is the fundamental principle in service of process. In this case, the service of process puts the defendant "on notice" of the allegations contained within the complaint, or other such pleading. Since notice is fundamental, a court may rule a pleading defective if it does not put the defendant on notice.
Legal instrument is a legal term of art that is used for any formally executed written document that can be formally attributed to its author, [1] records and formally expresses a legally enforceable act, process, [2] or contractual duty, obligation, or right, [3] and therefore evidences that act, process, or agreement.
Civil rights guarantee equal protection under the law. When civil and political rights are not guaranteed to all as part of equal protection of laws , or when such guarantees exist on paper but are not respected in practice, opposition, legal action and even social unrest may ensue.
The official 2007 edition of the UCC. The Uniform Commercial Code (UCC), first published in 1952, is one of a number of uniform acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States through UCC adoption by all 50 states, the District of Columbia, and the Territories of the United States.
According to the Supreme Court, there is a difference between the credit owed to laws (i.e. legislative measures and common law) as compared to the credit owed to judgments. [1] Judges and lawyers agree on the meaning of the clause with respect to the recognition of judgments rendered by one state in the courts of another.