A Comparison of the Rationales for the Prohibition Against Hearsay Evidence in the USA and Nigeria

2011 ◽  
Vol 55 (2) ◽  
pp. 230-260
Author(s):  
Lawrence Azubuike
Keyword(s):  
United States ◽  
United States Of America ◽  
Common Law ◽  
The United States ◽  
Legal Systems ◽  
Legal Norms ◽  
The World ◽  
The Usa ◽  
The Common ◽  
Hearsay Evidence

AbstractThe influence of the United States of America in the world is reflected not just in the export of its values and policies, but also in the spread of US jurisprudence and legal norms around the world. Many nations try to emulate US trial practice and procedure, while others measure the utility of their procedural rules by US standards. The rule generally prohibiting the admissibility of hearsay evidence is firmly rooted in the common law which is the basis of the legal systems in both the USA and Nigeria. This article explores and compares the jurisprudential and other rationales underpinning the hearsay rule in both jurisdictions. It finds that, although there are slight differences in the trial procedures of the two systems, the general stricture against hearsay evidence is informed by similar rationales in both jurisdictions.

Fundamental Values of Criminal Procedure

2019 ◽  
pp. 24-42
Author(s):  
Richard Lippke
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Human Dignity ◽  
Common Law ◽  
Civil Law ◽  
Criminal Procedure ◽  
The United States ◽  
The World ◽  
The Common ◽  
Fundamental Values

This chapter examines the fundamental values that ought to inform criminal procedure. More specifically, it considers what we ideally should want from the rules and procedures that exist in legal jurisdictions throughout the world. Three fundamental values are discussed—human dignity, truth, and fairness—and the ways in which they can be upheld or subverted by criminal justice practices. Illustrations are drawn primarily from the United States, but reference is also made to criminal procedure in other countries, including those in the civil law tradition. The article concludes by analyzing two further candidates for inclusion on the list of fundamental values of criminal procedure: the “effectiveness” of criminal procedure and the value of “expertise” that highlights the distinction between the common law and civil law traditions.

Law Libraries of the United States: Development and Growth

1975 ◽  
Vol 3 (1) ◽  
pp. 25-49 ◽  
Author(s):  
Igor I. Kavass
Keyword(s):  
United States ◽  
Common Law ◽  
Legal Profession ◽  
The United States ◽  
Legal Systems ◽  
The World ◽  
Medical Libraries ◽  
Legislative Processes

Law libraries occupy a unique and, in many respects, an ambiguous status in the United States. This status tends to set them apart in a variety of significant ways from the ubiquitous prototypes of general libraries and, with the possible exception of medical libraries, even from the different categories of specialized libraries in other academic or professional areas. The distinctiveness of law libraries in the United States, which is shared to a greater or lesser extent by many law libraries elsewhere in the world, and especially in countries possessing legal systems based on common law, cannot fully be appreciated by anyone who does not have at least a rudimentary knowledge of the nature and content of law as well as a working familiarity with the idiosyncratic uses of library materials by the legal profession in the exercise of judicial and legislative processes. Unfortunately, the incontro-vertible value of this self-evident requirement if frequently overlooked.

scholarly journals Pursuing National Security by Iran is Not Equal to Being Paranoid about the USA

2021 ◽  
Vol 7 (3) ◽  
pp. 1008-1016
Author(s):  
Gerald Peter Mutonyi ◽  
Keyword(s):  
United States ◽  
National Security ◽  
United States Of America ◽  
National Interest ◽  
The United States ◽  
Security Interest ◽  
Western Influence ◽  
The World ◽  
The Usa ◽  
American Nation

In most countries of the world where there is a strong western influence, there has been a persistent narrative that Iran is paranoid about the United States of America. It will not spare any grain to ensure the destruction of the mighty American nation. But according to the leaders of Iran, their actions are about the safeguarding of their country national security interest. Yet, there have been limited studies to respond to whether Iran is paranoid about the USA or if it is all about national security. Hence this study sought to illustrate the dangers of appeasing the USA when your national policies are in contract. The study selected a few countries and scenarios: Vietnam, Afghanistan, Iraq-Iran war, the Axil of Evil phrase, Iraq, and Syria for the illustration. The study has shown that the USA will not relent to pursue its national interest against those opposing it, notwithstanding the consequences on the recipients. This USA trend will continue to manifest to the unforeseeable, thereby putting Iran in danger that befell other nations who had opposed the USA. Based on the findings, the study concludes that Iran is not paranoid about the USA but is concerned with preserving its national security and interests.

scholarly journals The United States of America – A Declining World Hegemon?

2018 ◽  
Vol 14 (17) ◽  
pp. 46
Author(s):  
Benjamin Klasche
Keyword(s):  
United States ◽  
Natural Resources ◽  
United States Of America ◽  
The United States ◽  
The Other ◽  
Global Politics ◽  
Global Commons ◽  
China And India ◽  
The World ◽  
The Usa

In this article the alleged demise of the United States of America (USA) and the ability of its challengers will be discussed and analyzed. Based on George Modelski’s concept of Long-Cycles in Global Politics we can anticipate a disruption in the hegemonic position – currently held by the USA. Considering, the possibility of this scenario, the author executed a pragmatic comparative study and sketches out the chances for the two main competitors – China and India – which struggle mightily with domestic issues and on the other side presents four arguments, why the decline of the USA is not as apparent and looming as partly presumed. The arguments are: (i) the independence supply of natural resources; (ii) its supremacy over the world seas; (iii) reinstated activity in the Rimland and (iiii) control over the Global Commons.

scholarly journals Rise in the Freedom of Contract: Development and Enforceability of Forum Selection Clauses

2014 ◽  
Vol 3 (1) ◽  
pp. 43-59
Author(s):  
Shreyan Sengupta ◽  
Anirudhya Dutta
Keyword(s):  
United States ◽  
United States Of America ◽  
Common Law ◽  
The United States ◽  
Law System ◽  
Freedom Of Contract ◽  
The United Kingdom ◽  
Evolution And Development ◽  
The Common ◽  
Judicial Interpretations

Corporations and business houses of the present day require sound redressal mechanisms to mitigate commercial disputes with ease and efficiency. „Forum selection clauses‟ are an easy way out of the turmoil often faced by firms during contractual disputes. Traditionally, the United Kingdom and the United States of America have been very restrictive about enforcing forum selection clauses, however liberalizing it very recently. This article through doctrinal study shows the present situation for forum selection enforcement in India and United States. Courts in India generally have followed the trend as laid down in the United States. There have been diverse judicial interpretations regarding validity of forum selections clauses across the common law system. The article discusses the judicial interpretations which has led to the evolution and development of such contract clauses.

scholarly journals The Image of the United States of America in the Polish Newsreels (PKF) 1948–1953

2019 ◽  
Vol 67 (2 SELECTED PAPERS IN ENGLISH) ◽  
pp. 89-114
Author(s):  
Jarosław Rabiński
Keyword(s):  
United States ◽  
United States Of America ◽  
Social Issues ◽  
The United States ◽  
Polish Version ◽  
The World ◽  
The Usa ◽  
Combining Information

The Polish version of the article was published in Roczniki Humanistyczne 59 (2011), issue 2. This article analyzes the contents of sections of Polish Newsreel (PKF) of the years 1948–1953 concerning the United States of America in the context of political, international, military, economic and social issues. The image of the USA shown in Polish Newsreel did not have a lot in common with reality and it was part of the vision of the world created for propaganda needs. The propaganda machine, a part of which Polish Newsreel was, in order to achieve the aims that it had set out, used a whole palette of propaganda techniques and rules: selecting the prepared footage, generalizations, the use of characteristic clusters of ideas (“warmongers”, “American perpetrators of genocide”, “the new SS”, “the bondage of the dollar”), combining information with interpretation. All of this was done with the use of the modern medium, that is, film. Joining the layers of pictures, sound and commentary, as well as the particular conditions encountered during screenings of Polish Newsreel shows gave the viewer the possibility to deeply experience the scenes presented, to get emotionally involved in them, and, hence, to identify with the imposed interpretation of the viewed material.

The Rights of Shareholders

1953 ◽  
Vol 2 (4) ◽  
pp. 564-578
Author(s):  
F. de Sola Canizares
Keyword(s):  
United States ◽  
United States Of America ◽  
Western Europe ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
Private Capital ◽  
General Survey ◽  
English Speaking ◽  
The Common

We propose here to lay before English-speaking lawyers a general survey of the rights of shareholders in that form of société, which is described in continental law as société anonyme, compagnie anonyme or société par actions; and we shall endeavour to do it in a way which will be easily understood by “common” lawyers. We shall be considering in general continental rights, that is to say, those prevailing in the civil law countries not only of Western Europe but also of Latin America. We shall leave aside the Soviet countries, where the problems of shareholders' rights do not arise in the same way as under the so-called capitalist régimes; it may even be said that in fact there are no sociétés anonymes there with private capital and therefore these problems do not arise in practice. We shall also disregard the law of the United States of America, which lies within the common law framework and is more accessible to English lawyers.

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