the comparison of law between one country and others.
Questions tagged [comparative-law]
75 questions
72
votes
9 answers
Why is murder considered a more serious crime than attempted murder?
By its sentencing guidelines (the world over?), murder is considered a more serious crime than attempted murder.
If intent to kill has indeed been proven, does the latter crime reward incompetence with leniency? Shouldn’t the incarceration of such a…
Tom Bowers
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In which European countries is illegal to publicly state an opinion that in the US would be protected by the first amendment?
I often heard that the US are somehow exceptional in the freedom of speech that they provide to their citizens via the first amendment. However, I never saw an actual comparison with, say, European countries.
My question is: In which European…
don
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20
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Do any jursidictions have criminal speed limits and lower non-criminal speed limits?
I find it strange that in England (and as far as I know everywhere else) there's no margin between driving speeds that are officially considered entirely reasonable (e.g. anything up to 70MPH) and speeds that are criminally against the law (e.g…
bdsl
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19
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How willing is the US Supreme Court to declare itself wrong?
In comments on this answer User Suprcat wrote (in part)
I think a big problem is that Marbury v. Madison has been applied in a way that ignores a major caveat: a court's job is to say what the law is, which means that if the court is properly doing…
David Siegel
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19
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Why does the U.S. have much higher litigation cost than other countries?
According to the institute for legal reform (https://instituteforlegalreform.com/wp-content/uploads/media/ILR_NERA_Study_International_Liability_Costs-update.pdf), liability/GDP ratio is 1.66% which is almost three times that of the Eurozone.
This…
J Li
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19
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5 answers
Are there countries where defendants are fully compensated for their time if they’re found not guilty?
Let’s say you’re an underwater welder with a net profit rate of $500/hour of work. The government puts you on trial for a murder you didn’t commit. The proceedings take a long time and the court is far from the ocean, so you end up missing out on…
JonathanReez
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13
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4 answers
Are there any kinds of laws that prohibit personally harmful speech?
In response to this article from The Economist, I was wondering if there are any other countries that prohibit this type of speech? Not libel, since that relates directly to issues of the "right to a good name," nor any kinds of blasphemy or…
Roy
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12
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4 answers
A person owes money to the state but has changed ownership on all estates to from hers/his to that of relatives
A person owes money to the state but has changed ownership on all estates from hers or his, to that of relatives.
The writ of execution can't really confiscate these estates, at least without a warrant, because they are all other people's property…
eyalimshi
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12
votes
3 answers
Impact of loser pays vs American rule
The rationale for the American rule, as I understand it, is that you should be able to file a lawsuit that you think has merit without having to worry that you might lose and be on the hook for the other side's expensive lawyers.
In loser pays, on…
dsolimano
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12
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2 answers
Does gender affect the legal value of testimony in Islamic law and common law systems?
As an attorney familiar with Iranian law — a system largely influenced by Islamic jurisprudence — I understand that in many legal areas, the testimony of men and women is treated equally, while in certain specific cases, it differs. That said, my…
Behzad Rajaei
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11
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3 answers
What is a municipal court?
I am studying for a Master's in Legal Translation. (I am French)
I need to understand what a "municipal court" is.
Is it like our "Tribunal de Police" for speeding on the road, noises during the night and others petty things of the same kind?
Or is…
MLD Traduction
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11
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10 answers
Are there any criminal jurisdictions where burden of proof rests so entirely on prosecution that defense does not need to deal with evidence?
In criminal trial processes that I'm aware of, particularly adversarial, burden of proof is nominally with the prosecution in most circumstances, but in practice it seems to be somewhat shared - both sides introduce witnesses, and both sides…
bdsl
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10
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4 answers
Are there any legal systems where "guilty until proven innocent" is actually a thing?
Related: What different legal-systems are there?
The idea of "innocent until proven guilty" is sometimes thrown around as an example of American exceptionalism, but it turns out that this is in fact the standard used in most of the world. There seem…
Robert Columbia
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10
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Constitutional limitations on criminalizing behavior in US law?
I'm wondering about the limits put on which behaviors the legislature can criminalize in US law. I'm wondering about things like, could clearly harmless behavior (say, lifting a pack of gum with your left hand on a Tuesday) be criminalized without…
G. Bach
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8
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Do you owe any duty of care to law enforcement carrying out a search?
There are various circumstances where law enforcement can legally carry out a search of an individual or their property. Are there situations where the person being searched has a responsibility to protect the health and safety of the searcher,…
User65535
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