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EXPECT MORE… Case 1-1. Introduction Definitions Analyses SummaryAgenda.

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Presentation on theme: "EXPECT MORE… Case 1-1. Introduction Definitions Analyses SummaryAgenda."— Presentation transcript:

1 EXPECT MORE… Case 1-1

2 Introduction Definitions Analyses SummaryAgenda

3 Introduction

4 CASE1-1 IGNACIO SEQUIHUA V. TEXACO INC.ET AL. Plaintiffs :Residents of Ecuador Defendants: Texaco and ET AL.

5 Case Point Under the doctrine known as comity, a court should decline to exercise jurisdiction under certain circumstances in deference to the laws and interests of another country.

6 Opinion of judge Black The removal was procedurally proper In considering the defendants' motions to dismiss, the court used comity to rule for defendants.

7 Jurisdiction Comity

8 Jurisdiction The practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.

9 Comity An informal principle that nations will extend certain courtesies to another nations, particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. This principle is most frequently invoked by courts, which will not act in a way that demeans the jurisdiction, laws, or judicial decisions of another country.

10 Introduction Definitions Analyses Summary

11 Court in Texas declined to exercise jurisdiction over activity and harm that occurred in Ecuador. Taking jurisdiction in U.S. would have interfered with Ecuador ’ s sovereign right to control its own environment. Case dismissed under the doctrine of comity of nations.

12 U.S. Courts Apply Comity and Refuse to Take Jurisdiction When: 1.The defendant is a sovereign state 2.Defendant has insufficient contacts with the U.S. 3. Congress did not intend U.S. statute to apply extraterritorially 4. Case concerns act of sovereign state on its own territory

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