Other issue is what country laws should be applied and whether any foreign judgment obtained might be enforced in the court of choice. The international countries laws are the laws that need to be taken into consideration because the United States law is only upheld within the United States and not international countries. When going into a contract with international companies the Unites States must make sure the international company can enforce the contract legally. The United States must also consider the cultural and ethical differences in business transactions. What factors could work against CadMex's decision to grant sublicensing agreements?
Addressing International Legal and Ethical Issues Simulation Summary What are the issues involved in resolving legal disputes in international transactions? The first thing to consider when dealing with legal issues in international transactions is to choose the proper contract for the country and company you are dealing with. You need to know if the contract will be enforceable and under which circumstances it will or will not be and which country it will be enforceable in. All countries have different laws in how and whee they handle legal disputes and making the contract so it covers all of these issues is very important so it can be enforced if problems would occur. What are some practical considerations of taking legal action against a foreign business partner based in another country?
One of the main objectives of the simulation was addressing some of the potential legal and ethic issues resulting from such a partnership. While developing a contract that meet each company needs and offered protection to property rights and potential disputes. In working through the simulation some of the issues involved with working with foreign business are the legal system. An organization dealing with legal issue in a foreign court run the tendency of the case reviewed quickly resulting in facts being overlooked. Another issue is the difference is two countries law what is able to stand-up as proof
Addressing International Legal and Ethical Issues Simulation Erik Larson Law/421 February 17th, 2013 Eric Nord Addressing International Legal and Ethical Issues Simulation Strategy and tact are both required when a profitable endeavor is wanted while conducting international business. When conducting international business, legal issues are bound to arise, but must be resolved in order to retain the relationship between organizations. How a company deals with these legal issues is what can set a successful company apart from the rest of the field. When entering into an agreement with a company in another country, legal documents must be drafted to protect each company’s interest. In a business context, dispute resolution is not simply
The forum in which the dispute will be settled is also a vital consideration. Culture and ethics may play a big role in the decision of the forum. Possibly jurisdiction may be considered as well? What factors could work against CadMex’x…………………………………… “Dealing with foreign laws could pose a problem----we need to have someone with relevant expertise in Candorean law and extensive knowledge of international business. Why hose local laws, when there are well accepted international laws for such transactions”.
1. Describe these two judicial philosophies. Judicial Activism is when judges/courts do not strictly stick to the interpretation of a law, but create a new one. Easily explained, when an issue is being ruled upon, courts establish a new law to rule broadly on the issue rather than limit their verdict. A lot of magistrates go beyond the constitution and statutes words and use their own political and personal thoughts.
Addressing International Legal and Ethical Issues Simulation Summary Your Name LAW 421 September 11, 2012 Your Instructor What are the issues involved in resolving legal disputes in international transactions? Any time there are contracts with other countries, there has to be some kind of clause for resolving legal disputes. Additionally the clause must include some type of enforcement to ensure resolution (Melvin, 2011) What are some practical considerations of taking legal action against a foreign business partner in another country? Since United States law is only enforceable in United States courts, the laws of the foreign country must be taken into consideration. Because the law of the foreign country is the only law that can be enforceable contracts are only as good as the backing of the country's backing and are only binding in that instance.
Will it make a difference if courts begin to analyze a particular legal problem under the rubric of one doctrine rather than another? In theory, new doctrinal lenses should bring different features of the problem into focus, and this should in turn lead judges to form different impressions of how the problem ought to be resolved. The Ontario Court of Appeal’s recent decision in Birch v. Union of Taxation Employees, Local 70030 casts doubt on this hypothesis.1 The majority’s decision in the case suggests that changing the doctrine used to analyze the enforceability of stipulated remedies will not necessarily affect the outcomes of future cases. Changing outcomes may require a more fundamental shift in judges’ understandings of stipulated remedies and their role in contractual relationships. Birch was preceded by a path-breaking line of cases in which Canadian appellate courts signalled their willingness to depart from the strict common law rule against enforcing a stipulated remedy that amounts to a penalty rather than a genuine pre-estimate of damages.2 Those cases marked a positive development in Canadian contract law, as adherence to the traditional rule against penalty clauses is difficult to justify.
The issue surrounding illegal immigration through Judge Pfaelzer’s decision has been dealt with for now, but it will always remain controversial. Proposition 187 and the conflict surrounding it demonstrates how federalism is not a system of an equal sharing of power between the state and federal levels of government, but instead it is a system of shared
The communistic. and nihilistic tendencies of the present would seem to indicate that these problems have not been finally disposed of, and that the lawyer of the near future may be called upon to reconsider and perhaps readjust them. In any discussion of these great questions, involving as they do the rights of all, the practical answers given to them by other nations in