Sunday, October 16, 2011

Litis Pendentia

Litis pendentia (Spanish "litispendencia") - latin term which literally means "a pending suit". It’s a situation when between the same parties there is already one proceeding before a court, concerning the same object – then any other actions which satisfy those 3 conditions shall be dismissed.
The requisites of litis pendentia as a ground for a motion to dismiss are :
1) Identity of parties, or at least such parties as those representing the same interests in both actions ( the same parties)
2) Identity of rights asserted and reliefs prayed for, the reliefs being founded on the same facts ( the same object)
3) Identity with respect to the two preceding particulars is such that any judgment that may be rendered in the pending case regardless of which party is successful, would amount to res judicata (already judged) in the other case (the same cause)


Example:
Art 27 Counci Regulation (EC) No 44/2001 :
“1. Where proceedings involving the same cause of action and between the same parties are brought in the courts of different Member States, any court other than the court first seised shall of its own motion stay its proceedings until such time as the jurisdiction of the court first seised is established.
2. Where the jurisdiction of the court first seised is established, any court other than the court first seised shall decline jurisdiction in favour of that court.”

Thursday, October 13, 2011

Lawsuit

A lawsuit is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. Although not as common, lawsuit may also refer to a criminal action, criminal proceeding, or criminal claim.

Damages

Damages

First of all Damages has a big relevance in law. In almost every case you need damages. If you speak about it, damages has the meaning of being an award of money to be paid to a person as compensation for loss or injury. Besides compensatory damages, called actual damages, are paid to compensate the claimant for loss, injury, or harm suffered as a result of another's breach of duty.

There are many of good examples for damages. A easy example is if person A breaks into the wealth sphere of person B and steal something valuable against the will of him. The result is a loss of person B which needs to be replaced by person A.

(Philipp Hartmann)

Tuesday, October 11, 2011

Retroactivity

Retroactivity:

Retroactivity in law is the application of a certain norm to happenings that began to produce legal effects or took place, before the law was passed.

Most countries are guided by the general convention of irretroactivity of law, which severely restricts this kind of ex-temporary task.

But there is an exception to the role in criminal law: The laws can only be practical retroactively, if the norm that was in vigor when the crime happened is more favorable to the processed person.