The Balance of the Principle of Freedom of Obtaining Evidence with the Exclusionary Rule of Invalidity of Obtained Evidence through Illegal Means from the Point of View of Islamic... by Morteza Fathi, reza rezaee

“…Despite the origin of the Rule that is derived from the Common Law countries, in Islamic criminal law the principle is in favor of the validity of the evidence, unless the evidence is explicitly nullified or is obtained through illegitimate means. …”
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Religión y el derecho ambiental arraigado en la modernidad occidental by Jürgen Poesche

“…Un camino prometedor a seguir es un retorno a los fundamentos de la familia jurídica romano-germánica (y de la familia del common law) en asuntos relacionados con la protección del equilibrio del Holoceno y la soberanía sobre las tierras (y las aguas asociadas) de las Naciones Indígenas. …”
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Book-tax differences e estrutura de capital: uma análise à luz da teoria pecking order by Aline Fernandes Pinto, Patricia de Souza Costa

“…Além disso, percebe-se que o sistema legal (common law ou code law) não é um fator determinante na relação entre BTD e alavancagem financeira. …”
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Requisitos previos para que una Corte Suprema anule sus opiniones jurídicas vinculantes by Yevhenii Doiar, Pavlo Liutikov, Vladyslav Lipynskyi, Nataliya Kantor

“…The paper covers, in particular, a)Ukrainian statutory framework and case law regulating of the Supreme Court of Ukraine's departure from its legal opinions; b)concepts of overrulingprecedents of the highest courts of the most developed countries with common law legal system; c)current views of scientific community and prospects of development of the relevant case lawon Supreme Court of Ukraineoverruling its legal opinions.The authors maintain that it is extremely important to substantiate compelling reasons for a supreme court to review its vision of the correct application of the Law, exposing the reasons for considering the previous one defective, to the extent that it leads tofundamental negative consequences…”
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The dissolution of universal partnerships in South African law: Lessons to be learnt from Botswana, Zimbabwe and Namibia by Liesl Hager

“…SUMMARY The universal partnership is a unique common-law creature that offers valuable benefits during its subsistence and especially upon its dissolution. …”
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UNELE CONSIDERENTE PRIVIND APLICAREA INSTITUȚIEI ACORDULUI DE RECUNOAȘTERE A VINOVĂȚIEI ÎN RAPORT CU ALTE PROCEDURI SUMARE by USM ADMIN

“…Instituția acordului de recunoaștere a vinovăției a apărut în baza instituției pledării, existentă în sistemul common law. Pledarea se referă la cazul în care persoana compare în fața instanței de judecată cu diferite ocazii (de exemplu, la înaintarea oficială a învinuirii) şi este întrebată dacă pledează vinovată sau nevinovată. …”
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Research, Digital Health Information and Promises of Privacy: Revisiting the Issue of Consent by Timothy Caulfield, Blake Murdoch, Ubaka Ogbogu

“…Members of the public and research participants value privacy highly, and inability to ensure it could affect participation. Canadian common law and legislation require a full and comprehensive disclosure of risks during informed consent, including anything a reasonable person in the participant or patient’s position would want to know. …”
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Rozważania na temat represyjnych i prewencyjnych elementów odpowiedzialności odszkodowawczej na przykładzie instytucji odszkodowania karnego (punitive damages) w świetle orzeczenia... by Maciej Kochanowski

“…The main problem discussed in this paper is the question whether there is room under Polish law for punitive damages modelled a common law system and whether the adoption of this solution could possibly infl uence the basic premises constituting the liability for damages already adopted. …”
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Iklim Investasi dalam Penyelesaiannya Penerapan Omnibus Law by Bewa Dangu Wole, Annisa Purwatiningsih, Kamaluddin Kamaluddin

“…The challenge of implementing omnibus law is that Indonesia adheres to the civil law system while the concept of omnibus law adherents common law and still new. There is a public reaction between the pros and cons because the manufacturing process is not transparent and participatory, and omnibus law is not in accordance with the provisions of the establishment of laws and regulations. …”
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Limiting business risks via limited liability partnerships (LLP); the Malaysian law and the Islamic law perspectives by Abd Ghadas, Zuhairah Ariff, Engku Ali, Engku Rabiah Adawiah

“…The discussion will include both the common law and the Islamic law perspectives. …”
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Parental negligence: an inquiry towards the application of Section 17,31 and 33 of Child Act 2001 and Section 304A of Penal Code / Abd Rahim Ali, Nomadinar Ramly and Noor Mazrinie... by Ali, Abd Rahim, Ramly, Nomadinar, Mahmood, Noor Mazrinie

“…In the Chapter 3, we analysed common law cases, views by experts as well as mass media on parental negligence. …”
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Unmarried fathers and their children : a comparative study of English, Australian and South African law by Sch�fer, L

“…We consider the role of common law parental rights to custody and access; rights arising under human rights instruments; assumptions made by judges as to what is usually in a child's best interests (here termed '<em>factual assumptions</em>'); moral judgments about lifestyles and parental roles; and other factors which impact on the exercise of judicial discretion. …”

Bankruptcy in early modern England: bankruptcy and insolvency in the early modern Court of Chancery, 1543-1628 by Stolker, FC

“…In its equitable function the Court of Chancery dealt with issues concerning insolvent debtors that were not regulated by statutory bankruptcy or the common law. This thesis breaks with conventional scholarship and shows that the Chancery practice in this area appears to have been very humane, with special care for the most vulnerable in society, and that ‘modern’ bankruptcy principles and ideas, such as the concept of insolvency by misfortune, voluntary bankruptcy, debt settlements (compositions), majority control and the discharge of debts, which have generally been attributed to the bankruptcy statutes of 1705 and 1711, were already applied in the Court of Chancery in this earlier period.…”

Duality of responsibility in international law by Lekkas, S-I

“…More importantly, duality of responsibility occasions, at a substantive level, the gradual merging of the rules and principles of state and individual responsibility into a common law of international responsibility.…”

Judging without scales by Grant, JA

“…</p> <p>The thesis then draws out the implications of these claims, first, for human-rights adjudication—where my claim is that ‘balancing’ is appropriate both in the specification of rights and in assessing the justification for their infringement, provided we acknowledge the limits of balancing in cases of incommensurability—and, secondly, for adjudication involving common law reasoning and statutory interpretation. Finally, I suggest that we can distinguish between different ideals of the rule of law, and that the arbitrariness of judicial decisions involving incommensurable options has different implications for those different ideals. …”

Justifying precedent in law by Lewis Ripoll, S

“…Thereby, it is argued, this power might also allow courts to avoid distinguishing morally deficient precedents in a disingenuous way, which is a way of enhancing the legitimacy of the common law.…”

Access to justice for the Chinese consumer: handling consumer disputes in contemporary China by Zhou, L

“…However, the style of mediation used – often differs from the approach to mediation in the common law world – is conducted by staff in public bodies and is a didactic process used largely to contain the impact of the dispute. …”

The legal critiques of the computer crimes act 1997 in regulating cyber crime / Zaiton Hamin, Hartini Saripan and Rafizah Abu Hassan by Hamin, Zaiton, Saripan, Hartini, Abu Hassan, Rafizah

“…In line with the approach of common law jurisdictions, in particular the United Kingdom and Singapore as well as the Cyber crime Convention 2001, the research will examine the problems of substantive law, specifically the provisions that may be inadequate to cover certain cyber crimes such as distributed denial of service and the provisions that may in fact cover too wide an area of conduct. …”
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The right to privacy in relation to the mass media: An analysis of the Malaysian position / Nurul Azureen Ahsin … [et al.] by Ahsin, Nurul Azureen, Yaakub, Mohamad Rizal, Yaacub, Norizan, Anuar, Muhammad Amin

“…Whenever an issue touches on the media's invasion of personal privacy, the aggrieved parties have to resort to the common law tort of defamation, or any existing and enforceable written law such as the Data Protection Act, the Penal Code or any other statutes which are barely relates to the case in question. …”
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Contractor's liabilities towards employer's defective building work claims during defect liability period by Lim, Tze Shwan

“…The case analysis show that the employer can claims under the contract and common law. This study can use as a guidance for the employer and contractor on their legal rights and liability in respect to the defective works which appear during defect liability period.…”
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