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Terms Used In Maryland Code, ESTATES AND TRUSTS 13.5-102

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
(a) Subject to subsection (b) of this section, a court of this State may treat a foreign country as if the country were a state for the purpose of applying Subtitles 1, 2, 3, and 5 of this title.

(b) Unless a court of this State finds by a preponderance of the evidence that a foreign country applies and follows substantive and procedural due process consistent with the practices and policies of the State of Maryland, the court:

(1) May not request a court in the foreign country to issue an order or hold a hearing;

(2) May not decline to exercise jurisdiction if, by declining jurisdiction in this State, a court in the foreign country may obtain jurisdiction;

(3) May not dismiss or stay a proceeding in this State requested or ordered by a court in the foreign country;

(4) May not determine that a court in the foreign country is an appropriate forum;

(5) May decline to comply with notice requirements of the foreign country or this title;

(6) May proceed with the case if this State is otherwise an appropriate forum;

(7) May not issue an order or provisional order to transfer a guardianship or conservatorship to the foreign country; and

(8) May not recognize under any provision of law a guardianship or conservatorship order from the foreign country.