Law/Legal

Lex specialis, in legal theory and practice, is a doctrine relating to the interpretation of laws and can apply in both domestic and international law contexts. The doctrine states that if two laws govern the same factual situation, a law governing a specific subject matter (lex specialis) overrides a law governing only general matters (lex generalis). The situation ordinarily arises with regard to the construction of earlier-enacted specific legislation when more general legislation is later passed. However, then, the doctrine called "lex posterior derogat legi priori" may also apply, the younger law overriding the older law. It can be assumed that the legislators planned to override the previous legislation. There is also a view that conflicts of norms should be avoided by a systematic interpretation. The principle also applies to construction of a body of law or single piece of legislation that contains both specific and general provisions. The name comes from the full statement of the doctrine, a legal maxim in Latin: Lex specialis derogat legi generali.


common law
- On 14 October 1066 Duke William of Normandy defeated and slew King Harold at the Battle of Hastings and went on to be crowned King of England on Xmas day of the same year. The Conquest resulted in profound social, cultural and legal changes which reverberate to this day in English society. The talk concentrates on the changes to English law after 1066 up until the death of the last Norman king, Stephen, in 1154. It suggests that the pre-Conquest legal institutions, including the common law, largely survived the changes to law and government made by the Norman kings and that there is indeed something to the claim that Magna Carta in 1215 represented a reassertion of uniquely Anglo- Saxon liberties against an overweening Crown. http://www.law.cuhk.edu.hk/en/events/detail.php?paramDate=2016-10-14&guid=17D34007-4179-5B53-E54E-F79F530AEC39-1475124974
- in uk, the commercial jurisdiction of admiralty court was itself taken over by the common law courts (mainly due to work of sir edward coke).As the merchant court were by then defunct, the common law courts captured most of the nation's mercantile litigation. In an attempt to keep that business, the common law courts captured most of the nation's mercantile litigation. In an attempt to keep that business, the common law court adopted some of the rules of lex mercatoria. It was not until late 17th and 18th centuries that the lex mercatoria was fully incorporated into common law (largely due to work of sir john holt and lord mansfield. 
- Bailment describes a legal relationship in common law where physical possession of personal property, or a chattel, is transferred from one person (the "bailor") to another person (the "bailee") who subsequently has possession of the property. It arises when a person gives property to someone else for safekeeping, and is a cause of action independent of contractor tort.
- people  

• Alfred Thompson “Tom” Denning, Baron Denning, OM, PC, DL (23 January 1899 – 5 March 1999) was an English lawyer and judge who has been called “the greatest judge of the century” and “probably the greatest English judge of modern times”.  Called to the bar in 1923 as a barrister he became a King's Counsel in 1938. Denning became a judge in 1944 with an appointment to the Probate, Divorce and Admiralty Division of the High Court of Justice and was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Mark Garnett and Richard Weight argue that he was a conservative Christian who "remained popular with morally conservative Britons who were dismayed at the postwar rise in crime and who, like him, believed that the duties of the individual were being forgotten in the clamour for rights....He had a more punitive than redemptive view of criminal justice, as result of which he was a vocal supporter of corporal and capital punishment." Though it must be noted he changed his stance on capital punishment in later life. He was one of the most publicly known judges thanks to his report on the Profumo Affair. He was noted for his bold judgments running counter to the law at the time. During his 38-year career as a judge he made large changes to the common law, particularly while in the Court of Appeal, and although many of his decisions were overturned by the House of Lords several of them were confirmed by Parliament, which passed statutes in line with his judgments. Although appreciated for his role as 'the people's judge' and his support for the individual, Denning was also controversial for his campaign against the common law principle of precedent, and for comments he made regarding the Birmingham Six and Guildford Four, and also as Master of the Rolls for his conflict with the House of Lords.
  
  •  http://pdf.wenweipo.com/2018/01/29/a29-0129.pdf 英國普通法權威丹寧男爵，與前香港終審法院李國能法官的分歧
  • apart from french, german and chinese, there are hebrew and madagascar wikipedia versions

Civil law
- The Corpus Juris (or Iuris) Civilis ("Body of Civil Law") is the modern name^[1] for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Eastern Roman Emperor. It is also sometimes referred to as the Code of Justinian, although this name belongs more properly to the part titled Codex Justinianus.
- The Napoleonic Code (French: Code Napoléon; officially Code civil des Français, referred to as (le) Code civil) is the French civil code established under Napoléon I in 1804.It was drafted by a commission of four eminent jurists and entered into force on 21 March 1804. The Code, with its stress on clearly written and accessible law, was a major step in replacing the previous patchwork of feudal laws. Historian Robert Holtman regards it as one of the few documents that have influenced the whole world. The Napoleonic Code was not the first legal code to be established in a European country with a civil legal system; it was preceded by the Codex Maximilianeus bavaricus civilis (Bavaria, 1756), the Allgemeines Landrecht (Prussia, 1794), and the West Galician Code (Galicia, then part of Austria, 1797).
- The Bürgerliches Gesetzbuch (German: [ˈbʏʁɡɐlɪçəs ɡəˈzɛtsbuːx]), abbreviated BGB, is the civil code of Germany. In development since 1881, it became effective on January 1, 1900, and was considered a massive and groundbreaking project. The BGB served as a template for the regulations of several other civil law jurisdictions, including Estonia, Latvia, Taiwan (the Republic of China), Japan, Thailand, South Korea, the People's Republic of China, Brazil, Greece and Ukraine. It also had a major influence on the 1907 Swiss civil code, the 1942 Italian civil code, the 1966 Portuguese civil code, and the 1992 reformed Dutch civil code.
- The Swiss Civil Code (SR 210, German: Schweizerisches Zivilgesetzbuch (ZGB); French: Code civil suisse (CC); Italian: Codice civile svizzero (CC); Romansh: Cudesch civil svizzer) is the codified law ruling in Switzerland and regulating relationship between individuals. It was first adopted in 1907 (effective since 1 January 1912). The Swiss Code of Obligations ('SR22, German: Obligationenrecht; French: Code des obligations; Italian: Diritto delle obbligazioni; Romansh: Dretg d'obligaziuns) is a portion of the Swiss Civil Code that regulates contract law and corporations (Aktiengesellschaft). It was first adopted in 1911 (effective since 1 January 1912).
- During the Ottoman Empire, the legal system of Turkey was Sharia like other Muslim countries. A committee headed by Ahmet Cevdet Pasha in 1877 compiled the rules of Sharia. Although this was an improvement, it still lacked modern concepts. Besides two different legal systems were adopted; one for the Muslim and the other for the non Muslim subjects of the empire. After the proclamation of Turkish Republic on 29 October 1923, Turkey began to adopt modern laws.The Turkish parliament formed a committee to compare the civil codes of European countries. Austrian, German, French and Swiss civil codes were examine. Finally on 25 December 1925 the commission decided on the Swiss civil code as a model for the Turkish civil code. The Turkish Civil Code was enacted on 17 February 1926. The preamble to the Code was written by Mahmut Esat Bozkurt, the minister of justice in the 4th government of Turkey.

commercial law
- difference with consumer law

• consumer law assumes that the consumer and business enterprise are economically unequal whereas commercial law is based on the premise that businessmen are of roughly equal bargaing power.

- principles

• party autonomy
• predictability
• flexibility
• good fsith
• encouragement of self help
• facilitation of security aspects
• protection of vested rights
• protection innocent third parties

- agency

• an agency is created when a principal authorizes another, called the agent, to act on his behalf, and the agent consents to do so.  The scope of the agent's authority is based on express authority (oral or written) given by the principal, or implied in law (eg based on the position of the agent, whose acts are reasonably necessary to carry out the principal's instructions).
• eg auctioneers, directors, partners, solicitors and counsel
• roles - factors, brokers, del credere agent, confirming houses, commission agents
• apparent authority

• representation
• reliance
• alteration of position 

•  authority by operation of law

• agency of necessity
• agents who act for another in circumstances of necessity 

• disclosed/undisclosed agency

- sale of goods
- Nemo dat quod non habet, literally meaning "no one gives what he doesn't have" is a legal rule, sometimes called the nemo dat rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. It is equivalent to the civil (continental) "Nemo plus iuris ad alium transferre potest quam ipse habet" rule, which means "one cannot transfer more rights than he has". The rule usually stays valid even if the purchaser does not know that the seller has no right to claim ownership of the object of the transaction (a bona fide purchaser); however, in many cases, more than one innocent party is involved, making judgment difficult for courts and leading to numerous exceptions to the general rule that aim to give a degree of protection to bona fidepurchasers and original owners. The possession of the good of title will be with the original owner.
- payment systems

• payments through the uss of a funds transfer system is not paymentvby legal tender

- negotiable instruments - commercial paper that can be assigned or negotiated.  It is defined as an instrument that is signed by the maker or drawer; contains an unconditional promise or order to pay a sum certain in money and no other promise; payable on demand or at a time certain; payable to order or bearer.

• types: bills of exchange; cheques; promissory notes; bank notes; treasury bills; banker's drafts; divided wattants; share warrants; bearer scrip; bearer debentures; bearer bonds; floating rate notes; certificates of deposit.
• NOT negotiable instruments - bills of lading; docknwarrants; delivery orders; postal or money orders; registered share certificates; registered debentures; insurance policies; IOUs
• documents come to be recognised as negotiable instrument- (1) statue; (2) mercantile usage
• bills of exchange

• transfer: (a) bearer bills (b) order bills (c) destruction of transferability
• persons entitled to thebenefit of the obligation on the bill - (a) mere holder (b) holder for value (c) holder in due course (d) holder in due course by derivation
• liability: (a) capacity to contract (b) complete and irrevocable contract (c) signature to liability 

• A promissory note, sometimes referred to as a note payable, is a legal instrument (more particularly, a financial instrument and a debtinstrument), in which one party (the maker or issuer) promises in writing to pay a determinate sum of money to the other (the payee), either at a fixed or determinable future time or on demand of the payee, under specific terms.

- assignment of choses in action

• present and future choses in action
• existing non-assignable choses in action

• maintenance and champerty
• bare rights of action

• rights intended to br unassignable 

•  overcoming unassignability

• intention to assign
• intention to deal otherwise - revocable mandate (agency); novation; attornment by fundholder; declaration of trust
• writing

• choice between equitable and legal assignment
• equitable assignment

•  legal assignment - selected equitable assignments may be converted into legal assignments; absolute assignment; assignments bybway of change; partial assignments; equitable choses under s136; statutory exception

• notice

• equitable assignments - what amounts to notice; passing of titlte to the chose in actiin in equity; obligor performs in favour of the assignar; claims between rival assignees- the rule in dearle v hall; equities; notice to assignee? 
• legal sssignment - what amounts to notice; passing of titlte to the chose in actiin at law; obligor performs in favour of the assignar; equities; notice to assignee? 

• effects

• equitable assignments - title and procedures; partial assignment; options
• legal assignment 

•  general - no compliace with non- assignment clause; assignee cannot recover more than assignor
• other consequences 

• obstacles to enforcement

• assignee takes subject to equities - general rule; equities to which assignees are always subject; equities stopped by notice

- receivables financing

• technique: sale or change; sale and security (importance of distinction)
• sale

• factoring
• future receivables 
• block discounting 

•  nature of financier's discount
• financier's security - guarantees and indemnities; a right of recourse; a right of retention
• registration

• secured transactions

• generally
• registration of charges on a company's property - old regime;new regime

•  book debt
• distinguished fixed from floating charges over book debts 

• other doctrines affecting assigned receivables

• equities
• rule in dearle v hall 

•  priority conflicts between factor and change

• reform

• report of the crowther committee on consumer credit

•  international factoring

• single factor system 

•  direct import factoring
• direct export factoring 

- commercial credit

• forms - loan; sale
• consumrr creditvact 1974
• security

• nature and purpose
• Real security and security interest 

•  quasi-security
• determining creation of real security   
• attachment, perfection, priorities 

• security over future property
• reform

• professor diamond's report

- possessory security

• pledge

• delivery

• re-delivery

• re-pledge by the pledgee 

• realisation

• statutory control - consumer credit act 1974; registration; insolvency act 1986

• lien

• possesion
• how does a lien arise? 

•  general liens
• liens and third parties
• enforcement - generally; insolvency act 1986 

•  termination of lien
• registration

• reform

• final report of law commission "company security review" in 2005

- non-possessory security

• mortgage

• enforcement - foreclosure; sale; appointment of a receiver; possession; appropriation of financial collateral 

• equitable charge

• fixed and floating charges - nature; why distinction matters; crystallisation of a floating charge

•  equitable lien
• statutory control

• protection of third parties - bill of sale acts; companies act 2006; insolvencu act 1986
• protection of rebtors -  bill of sale acts; consumer credit act 1974

•  reform

• final report of law commission "company security review" in 2005

- insolvency

• uk

• law relating to bankruptcy of individuals goes back to a statue of henry viii in 1542 

• bankruptcy acts of 1883 and 1914
• insolvency act 1985 1986 

•  insolvency act 2000 and enterprise act 2002
• enterprise and regulatoryreform act 2013, deregulation act 2015, small business, enterprise and employment act 2015 

•  cross border element - eu regulation no 2015/848 on insolvency proceedings; cross border insolvency regulationxs 2006 (based on model law on cross border insolvency which are adopted by un commission on international trade law

• three definitions

• balance sheet insolvency
• commercial insolvency 

•  ultimate inslovency

•  insolvency procedures

• individual insolvency - choice of county court administration order; individual voluntary arrangement; debt relief order; bankruptcy application; bankruptcy order
• corporate insolvency - company voluntary arrangement; administration; receivership, and in particular administrative receivership; winding up; assets in the liquidation; avoidance of antecedent transactions; administration of the estate

- legality of purpose

• the subject matter or transaction contracted for must not violate any laws (such as the purchase and sale of contraband) or public policy (such as an agreement no to sell based on race, color, or creed)

dual justice system
- The law of Malaysia is mainly based on the common law legal system. This was a direct result of the colonisation of Malaya, Sarawak, and North Borneo by Britain between the early 19th century to 1960s. The supreme law of the land—the Constitution of Malaysia—sets out the legal framework and rights of Malaysian citizens. Federal laws enacted by Parliament of Malaysia that apply throughout the country. There are also state laws enacted by the State Legislative Assemblies which applies in the particular state. The constitution of Malaysia also provides for a unique dual justice system—the secular laws (criminal and civil) and sharia laws.


Institution
- The World Justice Project (WJP) is an independent, multidisciplinary organization working to advance the rule of law around the world. The rule of law provides the foundation for communities of opportunity and equity – communities that offer sustainable economic development, accountable government, and respect for fundamental rights. The World Justice Project Rule of Law Index is an quantitative assessment tool designed to offer a detailed and comprehensive picture of the extent to which countries adhere to the rule of law in practice. 
Elite UK law firms outpace rest of legal market
http://www.ft.com/cms/s/0/1d8e0644-03a3-11e4-817f-00144feab7de.html#axzz36wAqc9GV

http://www.economist.com/news/business/21641291-can-law-firms-merge-when-their-legal-systems-differ-test-case-china-rules-and-laws Unlike the “Red Circle” of elite firms that grew up in the 1990s to serve Western clients, Dacheng focused on the domestic market, merging with local firms or poaching their partners in major cities. In its early days it was more like a confederation of English barristers’ chambers than a full-scale law firm: lawyers worked in autonomous offices and kept the bulk of their earnings. Decentralisation let Dacheng grow fast—but it also meant quality varied and made it hard to build capable teams. For many foreign firms, China has been a money pit. As befits a country where the rule of law remains a distant goal, Chinese executives tend to view attorneys as a bothersome transaction cost rather than trusted advisers. They tend to opt for the lowest bidder and start price negotiations from there. Global firms eager to advertise their standing in China have grudgingly accepted this—though they sometimes provide inferior service in exchange for inferior fees. Thin pickings have led many to pack their bags: on January 19th Fried Frank, an American firm, said it would close its Hong Kong and Shanghai offices. Dentons is betting that the tide is turning. As China’s currency has strengthened and economic growth in its eastern conurbations has slowed, companies are turning elsewhere: towards less developed interior cities and foreign markets. Last year Chinese acquisitions abroad exceeded inbound purchases for the first time. In theory, these trends should play to Dacheng’s strengths. Whereas blue-chip Chinese businesses need no guidance in choosing a Western firm to advise on foreign deals, Dacheng’s clients are less sophisticated, and may thus be more likely to accept a referral to Dentons when they venture abroad. Less prestige-heavy Chinese law firms “have the most value” to Dentons, says Joseph Andrew, the firm’s chairman, “because they have the relationships with the CEOs of Chinese clients” (whereas Red Circle firms focus on Western clients). And for foreign firms operating in China, Dentons is now one of only two players that can practise both Chinese and foreign law. The other, King & Wood Mallesons, was formed in a merger between a Chinese Red Circle member (which boasted neither a “King” nor a “Wood”) and Mallesons of Australia in 2012. Its 42 offices dominate central and western China and enjoy a near-monopoly in smaller cities. Even if the rationale for the merger is sound, executing it will be tough. Foreign clients will need reassurance that confidential information will not reach local rivals or the Chinese government, which is notorious for economic espionage (Dentons has hired a cyber-security firm to assuage such concerns). Moreover, Dentons is still digesting its European and Canadian mergers, whereas Dacheng only recently began to integrate its own offices (getting corporate lawyers to share wealth with personal-injury and divorce lawyers is a slog). The new firm will also have to find a way to divvy up spoils from cross-border work in a way that encourages partners in different countries to co-operate. Cultural barriers (attitudes to hierarchy and the role of connections, for example) will be hard to surmount.

http://www.chinadaily.com.cn/cndy/2015-02/13/content_19575328.htm Dacheng, Dentons merger will help more Chinese law firms go global, says top attorney. Though the entire global legal industry is pondering the odds of success for Dacheng andDentons after their merger, Peng Xuefeng, founder and president of the Beijing-based DachengLaw Offices, remains unflattered and says that it was a "now-or-never" opportunity. Dacheng's alliance with international law firm Dentons has created the world's largest law firm byattorney headcount. The legal giant is also the first global law firm that has a significant presencein the world's two major economic powers - the United States and China.

Uk law and relation to hk
- http://www.scmp.com/news/hong-kong/law-crime/article/1916032/dramatic-ruling-uk-supreme-court-could-see-hundreds-hong


Disagreement about justice

- Professor Thomas M. Scanlon

• Speaker at hku lecture 17jun13

Language of law

- implication varieites

• Conversational implicates
• Presupposition
• Semantically encoded implication

Res nullius (lit: nobody's thing) (also: Derelictio and Res derelictae is a Latin term derived from private Roman law whereby res (an object in the legal sense, anything that can be owned, even a slave, but not a subject in law such as a citizen nor land) is not yet the object of rights of any specific subject. Such items are considered ownerless property and are free to be acquired by means of occupatio. Examples of res nullius in the socio-economic sphere are wild animals (ferae naturae) or abandoned property (res derelictae). Finding can also be a means of occupation (i.e. vesting ownership), since a thing completely lost or abandoned is res nullius, and therefore belonged to the first taker. Specific legislation may be made, e.g. for beachcombing.

- invoked by english colonizers in ireland and north america (thomas more utopia)

contract law
- contract should not be confused with "agreement". A contract is a legally binding agreement made between two ore more parties. It should be distinguished from a void contract (one where a party of the contract can put an end to it at his option)

• elements constituting a legally binding contract - agreement, consideration, contractual capacity, legality of purpose, genuine assent, compliance with the law as to form

- a valid contract may be unenforceable due to some technical defect eg when the required evidence of the contract's terms is not available.
- legal capacity

• the law generally assumes that the parties to a contract have the capacity to enter into a contract; this includes legal entities such as corporations, partnerships, estates, and trusts as well as individuals.  Incompetent persons, intoxicated persons and minors are individuals that have limited or no legal capacity

- must comply with formalities
- consent must be genuine
- The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in writing, signed by the party to be charged, with sufficient content to evidence the contract.

Traditionally, the statute of frauds requires a signed writing in the following circumstances:

• Contracts in consideration of marriage. This provision covers prenuptial agreements.
• Contracts that cannot be performed within one year. However, contracts of indefinite duration do not fall under the statute of frauds regardless of how long the performance actually takes.
• Contracts for the transfer of an interest in land. This applies not only to a contract to sell land but also to any other contract in which land or an interest in it is disposed, such as the grant of a mortgage or an easement.
• Contracts by the executor of a will to pay a debt of the estate with his own money.
• Contracts for the sale of goods totaling $500.00 or more.
• Contracts in which one party becomes a surety (acts as guarantor) for another party's debt or other obligation.

- even thought the subject matter of a contract may fall within the statue of frauds, it may still be enforceable, although not in writing, in the following situations: goods made specifically to the buyer's order that cannot be easily resold; admissions in court that a contract was made; where performance is complete, problems arise where is a partial performance
- offer

• must be specific and cannot be vague
• must be distinguished from an invitation to treat; a declaration of intention; a mere supply of information
• offer can be terminated by - lapse of time; revocation; conditional offers; rejection; death.  Acceptance of an offer also brings the offer to and end.

- acceptance - maybe by words or conduct; must be unconditional; offeree must be aware of the offer before acceptance

• mirror-image rule
• by conduct
• battle of forms
• communication of acceptance
• prescribe mode of acceptance
• acceptance in ignorance of an offer
• acceptance in unilateral contracts
• acceptance must take place before the offer is revoked; an acceptance cannot be revoked.

- problematic offer and acceptance
- standard of certainty

• vagueness
• price not fixed
• agreement to negotiate
• a non-contractual solution

- intention to create legal relations
- consideration

• need not be adequate
• past consideration does not count
• types: executed consideration; executory consideration; past consideration (s27 of bills of exchange ordinance; after 6 years, written acknowledgement; where a person performs a service at the request of another)

- promissory estoppel
- terms or mere representations
- incorporation of a party's written terms

• signature
• reasonable notice
• course of dealing
• parties' trade practice

- implied terms

• by the courts - fact, law
• implied, or treated as included, by statute: (a) non-consumer contracts for sale of goods (b) consumer contracts for sale of goods (c) non-consumer contracts for services (d) consumer contracts for services

 - interpretation

• exemption clauses (1) excluding or limiting liability for negligence (2) excluding or limiting liability for fundamental breach (3) construing limitation clauses

- statutory control of exemption clauses and unfair terms

• unfair contract terms act 1977
• consumer rights act 2015 
• good faith

- termination for breach

• conditions, warranties and innominate terms
• anticipatory breach
• restitution

- damages

• compensatory - aim (protecting the expectation interest; difference in the value of property of cost of curve; assessment according to chances; contractual damages protecting reliance interest; date for assessment of damages); limitations (remoteness; intervening cause; duty of mitigate and mitigation; contributory negligence {law reform (contributory negligence) act 1945}; mental distress {cases: addis v gramophone co ltd 1909 AC 488 House of Lords; jarvis v swan's tours ltd 1973 QB233 court of appeal; watts v morrow 1991 1 WLR 1421 court of appeal; farley v skinner 2001 UKHL 49 2002 2 AC 732 house of lords}; loss of reputation {mahmud v bank of credit and commerce international sa 1998 AC 20 house of lords}; 
• restitutionary damages/account of profits
• agreed/liquidated damages and penalties
• remedies - compensatory damages; consequential damages; punitive damages, nominal damages; specific performance

- direct enforcement

• award of an agreed sum
• specific performance - (1) primary restriction - adequacy of damages (2) constant supervision objection (3) contracts for personal service (4) want of mutuality 
• injunctions

-  third party rights

• establishing or confirming the privity doctrine (on its benefit side)
• exceptions to privity (on its benefit side) - (1) agency; (2) assignment; (3) trusts of the promise; (4) statutory exceptions; (5) covenants concerning land; (6) some examples of the recovery of pure economic loss in the tort of negligence; and (7) the enforcement by third parties of exemption clauses 
• promisees' remedies in a contract made for the benefit of a third party - (1) specific performance and injunctions; (2) damages\
• the contracts (rights of third parties) act 1999 - (1) test of enforceability (2) variation and rescission by contracting parties (3) defences available to the promisor ; (4) promisee's rights; (5) exclusions from the act; (6) existing exceptions (7) relationship with the unfair contract terms act 1977 (8) meaning of contract under 1999 act
• exceptions to the privity doctrine on its burden side -  (1) bailment or sub-bailment on terms; (2) burden running with goods
• A third-party beneficiary, in the law of contracts, is a person who may have the right to sue on a contract, despite not having originally been an active party to the contract. This right, known as a ius quaesitum tertio, arises when the third party (tertius or alteri) is the intended beneficiary of the contract, as opposed to a mere incidental beneficiary (penitus extraneus). It vests when the third party relies on or assents to the relationship, and gives the third party the right to sue either the promisor (promittens, or performing party) or the promisee (stipulans, or anchor party) of the contract, depending on the circumstances under which the relationship was created.

- misrepresentation

• requirements (1) false statement of fact or law (i) statements of opinion (ii) statements of intention (iii) silence: no duty of disclosure (2) reliance
• rescission - bars (affirmation; third party rights; counter restitution impossible; lapse of time) 
• damages (1) fraudulent misrepresentation: tort of deceit; (2) negligent misrepresentation actionable in tort of negligence; (3) negligent and purely innocent misrepresentation under the misrepresentation act 1967
• exemption of liability for misrepresentation (1) what counts as an exemption clause? (2) does the clause pass or fail the reasonableness test?  
• generally, silence is not misrepresentation because there is no legal duty to disclose unless there is a fidiciary relationship

- mistake

• unilateral (1) no escape (2) exceptions where unilateral mistake invalidates the contract (i) objective ambiguity (ii) unilateral mistake as to terms or identity known to the other party (mistake as to terms; as to identity) (3) non est factum (4) equitable rectification for unilateral mistake
• common mistake (1) narrow scope of common mistake rendering a contract void (2) a wider equitable doctrine of common mistake rejected (3) equitable rectification for common mistake 

- frustration 

• absolute liability
• kind of events that amount to frustration (1) physical impossibility; (2) legal impossibility (ie subsequent illegality) (3) cancellation of events (4) no frustration merely because performance made more onerous/expensive
• factors excluding frustration (1) self-induced frustration (2) express provision 
• juristic basis of frustration
• effects of frustration - law reform (frustrated contracts) act 1943    
• relationship between common mistake and frustration  

- duress (illegitimate pressure (almost always by threats, express or implied) that causes a person to enter into a contract)

• duress of the person 
• economic duress - (1) threats to break (or induce another to break) a contract;  (2) 'lawful act' duress;

- undue influence 
- exploitation of weakness

• exploitation of mental weakness
• exploitation of claimant's circumstantial weakness
• rejection of a principle of 'inequality of bargaining power'   

- reference

• andrew burrows casebook on contract published by bloomsbury

Tort law

- intentional tort

- negligence

- negligence per se

- strict liability

- comparative negligence

- assumption of risk

- The lex loci delicti commissi is the Latin term for "law of the place where the delict [tort] was committed" in the conflict of laws. Conflict of laws is the branch of law regulating alllawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are applied. The term is often shortened to lex loci delicti.

- business torts are civil wrongs committed within the business context.  They include: interference with a contractual relationship; interference with a business relationship; appropriation; defamation; disparagement of product

cypres doctrine
- international conventions

• european convent on human rights 1950, arts 9, 14

- legislation relating to trusts/charities/will in following countries - anguilla, australia, bahamas, barbados, belize, bermuda, BVI, brunei, canada, cayman islands, cook islands, cyprus, england and wales, grenada, ireland, isle of man, jersey, Labuan (malaysia), liechtenstein, Mauritius, Montserrat, Nauru, Niue, Nevis, New Zealand, Northern Ireland, St Kitts, St Lucia, St Vincent and the Grenadines, scotland, seychelles, singapore, united states

Sumptuary laws (from Latin sumptuariae leges) arelaws that attempt to regulate permitted consumption.Black's Law Dictionary defines them as "Laws made for the purpose of restraining luxury or extravagance, particularly against inordinate expenditures in the matter of apparel, food, furniture, etc." Traditionally, they were laws that regulated and reinforced social hierarchies and morals through restrictions, often depending upon a person's social rank, on permitted clothing, food, and luxury expenditures. Societies have used sumptuary laws for a variety of purposes. They attempted to regulate the balance of trade by limiting the market for expensive imported goods. They were also an easy way to identify social rank and privilege, and often were used for social discrimination.^[2] This frequently meant preventing commoners from imitating the appearance of aristocrats and sometimes also to stigmatize disfavored groups. In the Late Middle Ages, sumptuary laws were instituted as a way for the nobility to cap the conspicuous consumption of the prosperous bourgeoisie of medieval cities, and they continued to be used for these purposes well into the 17th century.

A deed (anciently "an evidence") is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring (conveyancing) title to property. The deed has a greater presumption of validity and is less rebuttable than an instrument signed by the party to the deed. A deed can be unilateral or bilateral. Deeds include conveyances, commissions, licenses, patents, diplomas, and conditionally powers of attorney if executed as deeds. The deed is the modern descendant of the medieval charter, and delivery is thought to symbolically replace the ancient ceremony of livery of seisin. The traditional phrase signed, sealed and delivered refers to the practice of seals; however, attesting witnesses have replaced seals to some extent. Agreements under seal are also called contracts by deed or specialty; in the United States, a specialty is enforceable without consideration.^[2] In some jurisdictions, specialties have a liability limitation period of double that of a simple contract and allow for a third party beneficiary to enforce an undertaking in the deed, thereby overcoming the doctrine of privity.^[3] Specialties, as a form of contract, are bilateral and can therefore be distinguished from covenants, which, being also under seal, are unilateral promises.

- must contain the following

• names of the grantor and the grantee
• words evidencing intent to transfer
• legally sufficient description of the land
• signature of the grantor that has been witnessed and acknowledged before a notrary or commissioner of deeds

trusts
- 在香港，遺產繼承主要由《遺囑條例》，《無遺囑者遺產條例》及《財產繼承（供養遺屬及受養人）條例》 規範。內地遺產繼承則主要由《繼承法》和最高人民法院的司法解釋所規範。由於篇幅所限，兩地不同之處只可如下撮要列出。1. 香港遺囑必須以書面形式訂立，有關法律亦提出一系列苛刻的限制；中國遺囑則容許公證、自書、代書、錄音及口頭方法制訂。2. 結婚可以撤銷香港遺囑，但除非中國人民法院推訂立遺囑者變更或撤銷遺囑，否則結婚不可撤銷有關遺囑。3. 在香港，受養人不需遺囑提及，亦可向法院申請遺產分配；在中國，受養人必須依靠扶養人協議才能要求遺產分配，而有關協議，亦不能違反社會公共利益。4. 在香港，遺產管理人需經法定程序才能執行遺囑；在中國，《繼承法》並無詳細提及遺囑執行人制度。5. 在中國，《繼承法》提倡「和睦團結、互諒互讓」原則；在香港，有關法律並沒有類似要求。6. 兩地宣告死亡的法律程序、方法及時間要求均有不同。7. 對於信託處理資產或遺產，兩地法律亦大有不同。8. 因法律制度不同，案例在中國並無法律約束能力。https://orientaldaily.on.cc/cnt/finance/20190730/00275_002.html
- 據《無爭議遺囑認證規例》規定，任何人如欲確保遺產授予書不會在他不知悉下獲蓋章作實，都可在遺產承辦處登記知會備忘。一般而言知會備忘的有效期為六個月，但申請者可以再次登記。登記者並不限於遺產受益人，例如死者如果生前有欠債，債權人在知道欠債人死訊後為了保障其債項權益，亦可登記知會備忘，以免遺產被暗中分配。而與相關遺產有利害關係的人士，在得知有人登記知會備忘後，可以向遺產承辦處申請向知會備忘登記者發出警告書，要求登記者在八天之內向遺產承辦處呈交應訴書，澄清他與遺產有何關係，及與警告書申請者是否有對立的利益。https://orientaldaily.on.cc/cnt/news/20200606/00176_050.html


enduring powers of attorney

- 根據《持久授權書條例》（香港法例第501章），持久授權書是一份法律文件，容許授權人（即打算將其權力授予其他人的人）在精神上有能力行事時，委任受權人，以便在授權人日後變為精神上無行為能力時，受權人可照顧其財務事項。一般授權書在授權人變為精神上無行為能力時，便會失去效力，但持久授權書在授權人喪失精神行為能力後，將「持續」地有效，並賦予權力予受權人，繼續處理授權人的財政事務。現今香港社會人口急劇老化，癡呆（失智）症個案漸多，持久授權書尤其重要。https://www.doj.gov.hk/chi/epa/index.html

oath taking

- http://www.pilgrim-covenant.com/q-a/yea-and-nay difference between swearing, or making a vow, an oath, a covenant, a promise, a declaration, and assertion, or simply letting our “yea be yea, and nay be nay”

• http://www.scmp.com/comment/insight-opinion/article/2046578/link-between-hong-kongs-oath-saga-and-henry-viiis-marital

The Miranda warning, which also can be referred to as a person's Miranda rights, is a right to silence warning given by police in the United States to criminal suspects in police custody (or in a custodial interrogation) before they are interrogated to preserve the admissibility of their statements against them in criminal proceedings.The Miranda warning is part of a preventive criminal procedure rule that law enforcement are required to administer to protect an individual who is in custody and subject to direct questioning or its functional equivalent from a violation of his or her Fifth Amendment right against compelled self-incrimination. In Miranda v. Arizona (1966), the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of these rights violates the Fifth Amendment and the Sixth Amendment right to counsel, through the incorporation of these rights into state law.^{[Note 1]} Thus, if law enforcement officials decline to offer a Miranda warning to an individual in their custody, they may interrogate that person and act upon the knowledge gained, but may not use that person's statements as evidence against him or her in a criminal trial.

In terrorem, Latin for "into/about fear", is a legal threat, usually one given in hope of compelling someone to act without resorting to a lawsuit or criminal prosecution. For example, many intellectual property attorneys send in terrorem letters, which threaten litigation absent compliance with the written request, to persons that are violating their clients' trademark rights before resorting to court proceedings.

A stay of proceedings is a ruling by the court in civil and criminal procedure, halting further legal process in a trial or other legal proceeding. The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings indefinitely.

right of emigration (ius emigrandi)
- augsburger religionsfriede 1555 - legal remedy to those whose religious choice differed from the local norm

negotiation is the process in which an instrument is transferred to another (transferee) in such a way that the transfereee becomes a holder

Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases. Such legal immunity may be from criminal prosecution, or from civil liability (being subject of lawsuit), or both. The most notable forms of legal immunity are diplomatic immunity, judicial immunity, and witness immunity. Legal immunities may be subject to criticism because they institute a separate standard of conduct for those who receive them.
-  Many forms of immunity are granted to government officials to enable them to carry out their functions without fear of being sued or charged with a crime for so doing:

• Absolute immunity, a type of immunity for government officials that confers total immunity when acting in the course of their duties
• Qualified immunity, in the United States, immunity of individuals performing tasks as part of the government's actions
• Judicial immunity, immunity of a judge or magistrate in the course of their official duties
• Parliamentary immunity, immunity granted to elected officials during their tenure and in the course of their duties
• Speech or Debate Clause, a provision in the United States Constitution that provides immunity to members of Congress for statements made in either house
• Sovereign immunity, the prevention of lawsuits or prosecution against rulers or governments without their given consent
  • Sovereign immunity in the United States bars suit against federal, state, and tribal governments, which cannot be sued without their consent. Governmental consent to be sued is expressed through legislation as a limited waiver of sovereign immunity

Grants of immunity are particularly important in intergovernmental relations, where traditions have arisen to prevent the diplomatic representatives of a country from being harassed by their host countries.

• Diplomatic immunity, agreement between sovereign governments to exclude diplomats from local laws
• Immunity from prosecution (international law), exclusion of governments or their officials from prosecution under international law
• State immunity, principle of international law that the government of a state is not amenable before the courts of another state

Such immunities may be granted by law (statutory or constitutional) or by treaty.

• cases

• The Israeli Prime Minister, Benjamin Netanyahu, has decided to seek parliamentary immunity from prosecution over corruption charges.The move would likely delay a trial until after fresh elections next March.In November, the prime minister was charged by the attorney general with bribery, fraud and breach of trust in three separate cases.Mr Netanyahu, who denies wrongdoing, would need the support of more than half of MPs for immunity to be granted.

•  捲入貪腐醜聞的以色列總理內塔尼亞胡，周二在訪美期間表示，決定撤銷之前向國會尋求豁免起訴權的請求。他其後正式遭法庭起訴涉貪，成為該國首位在任總理接受刑事檢控。https://orientaldaily.on.cc/cnt/china_world/20200130/00180_004.html

 - immunity of citizens

Amnesty law, a law that provides immunity for past crimes

• Spousal privilege, also called spousal immunity, protects a spouse from testifying against the defendant
• Witness immunity, immunity granted to a witness in exchange for testimony
• Reporter's privilege, a limited First Amendment right many jurisdictions by statutory law or judicial decision have by which journalists may not be prosecuted for protecting their confidential sources from discovery^[2]
• Charitable immunity, immunity from liability granted to charities in many countries from the 19th century to the mid-20th century

Such immunities may be granted by law or, for witness immunity, by prosecutors or other authorities on a case by case basis, commonly as an agreement with the witnesses.

Subrogation is a legal doctrine whereby one person is entitled to enforce the subsisting or revived rights of another for one's own benefit.^[1] A right of subrogation typically arises by operation of law, but can also arise by statute or by agreement. Subrogation is an equitableremedy, having first developed in the English Court of Chancery. It is a familiar feature of common law systems. Analogous doctrines exist in civil law jurisdictions.

Nolle prosequi,^[a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue".^[3][4] In Commonwealth and US common law, it is used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered;^[5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.

Involuntary dismissal is the termination of a court case despite the plaintiff's objection. In United States Federal courts, involuntary dismissal is governed by Federal Rules of Civil Procedure (FRCP) Rule 41(b). Involuntary dismissal is made by a defendant through a motion for dismissal, on grounds that plaintiff is not prosecuting the case, is not complying with a court order, or to comply with the Federal Rules of Civil Procedure.

court hearing

- 深圳市中級法院23日舉辦以「體驗陽光司法．感受公平正義」為主題的法院開放日活動，來自香港地區的全國人大代表、政協委員共14人應邀參加活動。 據介紹，深圳法院自今年3月舉行「萬場直播．當庭宣判」暨法院開放日活動以來，截至目前已開展庭審直播16000餘場，網絡總點擊量突破1300萬人次，平均每場開放日活動現場參與人數近500人。http://paper.takungpao.com/resfile/PDF/20181224/PDF/a19_screen.pdf

undue influence involves a fiduciary relationship in which there is a trust placed in the other party to the extent that his own free will can be overcome (such as a client executing a contract on his attorney's advice which is not beneficial). When a contract is entered into because of undue influence, the contract is voidable.

duress requires coercion based on threatening the innocent party with wrongful or illegal acts such as blackmail and physical harm. Threatening to exercise a legal right to sue does not constitute duress because the act threatened is not wrongful. A contract entered into under legal duress is void.

Genuine assent exists where there has been a true "meeting of the minds". The decision to enter into an agreement cannot be based on mistakes, misrepresentation, undue influence, or duress.

Ex parte /ˌɛks ˈpɑːrtiː/ is a Latin legal term meaning "from (by or for) [the/a] party." An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present. In Australian, Canadian, U.K., South African, Indian, and U.S. legal doctrines, ex parte means a legal proceeding brought by one person in the absence of and without representation or notification of other parties. It is also used more loosely to refer to improper unilateral contacts with a court, arbitrator, or represented party without notice to the other party or counsel for that party. The phrase was common in the titles of habeas corpus and judicial review cases up until the end of the twentieth century, because these cases were originally brought by the Crown on behalf of the claimant. In Commonwealth common law jurisdictions, the title typically appeared as R v (Defendant), ex parte (Claimant); in the US, this was shortened to Ex parte (Claimant). A proceeding in an executive agency to establish a right, such as patent prosecution, can also be ex parte.

比較法律
- 最近，我在學校籌辦一帶一路的碩士課程，其中一個重要科目是比較法律體系。我們找了烏克蘭基輔大學的Smyrnova教授幫忙設計課程，以她對歐亞和全球法律體系的熟悉，課程設計的內容包涵廣大，不是簡單的大陸法與普通法之別，而是從法律體系的根源出發，歐陸的是羅馬、日耳曼傳統，以及拿破崙法典的影響。在英國普通法與德法大陸法之間，還夾雜兩者都有的北歐法律體系。美國則是從英國殖民地革命獨立起來的政治因素與聯邦體制、三權分立，使之與英國普通法有所差別。而在歐陸法律體系的發展過程以外，還有宗教法律，伊斯蘭教是最突出的，廣為人知。此外，還有印度教法律、猶太教法律乃至天主教梵蒂岡所代表的宗教法。社會主義法律，如俄羅斯與中國，也不盡是純粹的大陸法，歷史因素產生出許多體系混雜和互相取材的情況。這樣的比較法律體系的課程，一是打破香港人對英國普通法的迷信與無知，知其根源以及和其他法律體系的差別，才可知在應用時的優劣。二是知世界之大，和各種歷史文化因素造就的多元化。https://orientaldaily.on.cc/cnt/news/20190421/00184_001.html

The Salic law (/ˈsælɪk/ or /ˈseɪlɪk/; Latin: Lex salica), or the Salian law, was the ancient Salian Frankish civil law code compiled around AD 500 by the first Frankish King, Clovis. The written text is in Latin, or in "semi-French Latin" according to some linguists;^[1] it also contains what Dutch linguists describe as one of the earliest known records of Old Dutch, perhaps second only to the Bergakker inscription.^[2] It remained the basis of Frankish law throughout the early Medieval period, and influenced future European legal systems. The best-known tenet of the old law is the principle of exclusion of women from inheritance of thrones, fiefs and other property. The Salic laws were arbitrated by a committee appointed and empowered by the King of the Franks. Dozens of manuscripts dating from the 6th to 8th centuries and three emendations as late as the 9th century have survived. Salic law provided written codification of both civil law, such as the statutes governing inheritance, and criminal law, such as the punishment for murder. Although it was originally intended as the law of the Salians or Western Franks,^[4] it has had a formative influence on the tradition of statute law that extended to modern history in Western and Central Europe, especially in the German states, the Netherlands, parts of Italy and Spain, Austria-Hungary, Romania, and the Balkans.薩利克法（英語：Salic law; 拉丁语：lex Salica），是中世紀以來西欧通行的法典。此法限制女性繼承。至今，欧洲一些国家仍存在女性无权继承王位^[a]、世袭爵位的政治传统。在家族男性后裔绝嗣的情况下，容许女性继承，是为半萨利克法。

telephone conference
- 高院昨日就首次透過電話會議形式，就一宗民事案件進行指示聆訊，跟律師隔空討論案件的審訊安排。法官表示決定進行這種新做法前，曾參閱法律條文確認有關做法具有效力，他或會於本周後期頒發書面判詞解釋相關的理據。https://orientaldaily.on.cc/cnt/news/20200226/00176_060.html

ict
- e-court

• E-Court of Supreme Court Republic of Indonesia is a service provided for registered user to submit their case through online way, make a payment online, calling through electronic channel, and electronic trial. https://indonesia.go.id/layanan/kependudukan/ekonomi/e-court-mahkamah-agung-ri

• https://www.ashurst.com/en/news-and-insights/legal-updates/electronic-proceedings-through-e-court-system-in-indonesia/

- under a pilot programme in Shanghai, where 10 courts replaced clerks with AI assistants to transcribe case notes, pull out files and present digitised evidence, according to a report by Legal Daily. “Replacing manual records with recordings and automated transcribing, using voice recognition [technology], will greatly improve efficiency in courtrooms,” said Wang Jian, the presiding judge of the Xuhui District People’s Court of Shanghai, in the report. “It also helps reflect statements made in court in a more accurate and comprehensive manner.” The six-month programme in Shanghai’s courts is part of a broader effort to modernise the country’s judicial system through the use of technology.https://www.scmp.com/tech/innovation/article/3077979/shanghai-judicial-courts-start-replace-clerks-ai-assistants
- http://paper.takungpao.com/resfile/PDF/20200403/PDF/a10_screen.pdf 
全國首創的「涉港澳案件授權見證平台」在廣東率先試水。傳統的港澳當事人授權委託若辦理公證或見證手續，從預約到完成耗時約30天；而該平台與「公安部可信身份認證平台」對接，港澳居民和律師足不出戶即可免費完成跨境授權見證，全流程最快僅需5分鐘。此外，相比內地公證費用約500元（人民幣，下同），港澳律師見證授權委託的費用至少約3000元，通過該平台進行在線見證是免費的，這無疑大大節省港澳當事人參加訴訟的成本。
- 二○一八年，科技公司「法律極客」（LawGeex）投下戰書，邀請人類律師跟人工智能比拼審查文件的速度和準確度。代表人工智能的是法律極客研發的智能程序，而代表人類律師的則是二十名經驗豐富的美國律師。賽制的設計者包括史丹福大學、杜克大學法學院和南加州大學的法學教授。他們規定參賽者必須在四個小時內審閱五份保密協議，並找出其中三十個法律問題。在這場比試中，人類律師平均用了九十二分鐘完成任務，準確率達百分之八十五，其間他們還消耗了十二杯咖啡。滴啡未沾的人工智能卻用了僅僅二十六秒，而準確率竟高達百分之九十五！http://paper.takungpao.com/resfile/PDF/20200507/PDF/b3_screen.pdf
- online streaming

• 尼日利亞拉各斯的法院在新冠肺炎疫情下，首度透過視像會議應用程式Zoom開庭，裁定一名男子謀殺罪成及判處死刑。人權組織批評此舉殘忍及不人道，質疑為何不能延期宣判，但司法部暫未回應。https://orientaldaily.on.cc/cnt/china_world/20200509/00180_014.html

- evidence

• 最高人民法院早前修改民事訴訟規定，將手機訊息等電子數據可用作呈堂證供。福建證監局近日則公布一宗內幕交易案文件，指上海山鋼實業集團有限公司董事長劉長江曾用微信套得內幕消息，即使訊息事後被撤回，但法院最終仍能把它「重見天日」作證供，把劉入罪罰款。https://orientaldaily.on.cc/cnt/china_world/20200108/00178_020.html

- verdict

• 受新冠肺炎影響，新加坡最高法院上周五以視像會議應用程式Zoom，判處一名馬來西亞籍毒販死刑，是該國首次以遠距方式判案。國際人權組織人權觀察組織批評，死刑已經殘酷及不人道，利用Zoom判刑只會惡化情況。https://orientaldaily.on.cc/cnt/china_world/20200521/00180_006.html

legal assistance

- 法律資源分配不均的問題早已存在， 但英國政府直到一九四九年才推出法律援 助計劃，向無力支付律師費的人士提供資 金。這個時間點不是一個偶然。英國在二 戰中全國動員，老百姓為國家做出了巨大 的犧牲。二戰結束後，人們期望他們奮身 保衛的國家會為他們提供更多的生活保障 ，令社會更加公平。當時，國會下議院的 議員是由二十一歲以上的英國公民直接選 舉產生的，所以他們願望成真了。http://paper.takungpao.com/resfile/PDF/20200611/PDF/b7_screen.pdf


usa

- Black's Law is the most widely used law dictionary in the United States. It was founded by Henry Campbell Black (1860–1927). It is the reference of choice for terms in legal briefs and court opinions and has been cited as a secondary legal authority in many U.S. Supreme Courtcases.^{[citation needed]} The latest editions, including abridged and pocket versions, are useful starting points for the layman or student when faced with an unfamiliar legal term.The first edition was published in 1891, and the second edition in 1910.^[1] The sixth and earlier editions of the book also provided case citations for the term cited, which some lawyers view as its most useful feature, providing a useful starting point with leading cases. The Internet made legal research easier than it ever had been, so many state- or circuit-specific case citations and outdated or overruled case citations were dropped from the seventh edition in 1999. The eighth edition introduced a unique system of perpetually updated case citations and cross-references to legal encyclopedias. The ninth edition was published in the summer of 2009.

- The Bluebook: A Uniform System of Citation, a style guide, prescribes the most widely used legal citation system in the United States. The Bluebook is compiled by the Harvard Law Review Association, the Columbia Law Review, the University of Pennsylvania Law Review, and the Yale Law Journal. Currently, it is in its 20th edition. It is so named because its cover is blue.

uk
- 直到一百年前，英國才通過 立法，允許女性成為律師，以律師的 身份踏入司法女神守護多年的法院。 那誰是英國首位女律師呢？當時人們 普遍認為她會是葵妮絲．蓓勃（ Gwyneth Bebb）。http://www.takungpao.com.hk/paper/index.html

hk

- https://www.thecommonwealth-ilibrary.org/commonwealth/governance/legal-literature-in-small-jurisdictions/legal-literature-in-hong-kong_9781848593183-5-en Legal Literature in Hong Kong
- booklet system

• https://www.thecommonwealth-ilibrary.org/commonwealth/governance/1986-meeting-of-commonwealth-law-ministers-and-senior-officials/lmm-86-22-options-in-law-revision-emerging-problems-and-emerging-trends-the-hong-kong-experience_9781848594258-41-en 

journals, magazines
- asian legal business (thomson reuters) www.legalbusinessonline.com

event

- mediation

• scmp 2aug19 singapore convention on mediation