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Questions tagged [jurisdiction]

For questions concerning whether a body has the power to make a legal decision on a particular matter. **NOT TO BE CONFUSED WITH "GEOGRAPHIC" JURISDICTIONS** e.g. country, province, state, principality etc

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Why are the Lion Air and Ethiopian Airlines crashes being litigated in the US?

The current news is about the breach of Boeing's agreement with the US Justice Department which would otherwise grant them protection against criminal charges relating to the Lion Air and Ethiopian ...
User65535's user avatar
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15 votes
3 answers
5k views

Does a US city have the legal power to stop spam mail?

I live in a small apartment building that gets an onslaught of spam mail. Endless offers and coupon newspapers, etc all addressed to "To the resident of so and so". I, as a concerned and ...
18629754's user avatar
  • 151
0 votes
1 answer
97 views

Are the final stages of a product’s lifecycle protected by patent?

This is a follow up to this question: International patents Consider the following stages of a product’s lifecycle: Manufacture Sales Import/export Use End of life/disposal It is presumed that in a ...
Michael Hall's user avatar
  • 4,580
3 votes
3 answers
2k views

Does a WIPO patent supersede a US patent?

If a United States utility patent has expired but a virtually identical World Intellectual Property Organization patent is still in effect, would the WIPO patent prevent any US manufacturers from ...
Michael Hall's user avatar
  • 4,580
3 votes
1 answer
97 views

Does Spain have extraterritorial jurisdiction?

Does Spain have extraterritorial jurisdiction for any crimes? The extraterritorial jurisdiction in Spain could be for: Crimes committed by a Spanish national abroad. Crimes committed by a guest ...
user5623335's user avatar
  • 1,154
1 vote
1 answer
68 views

Jurisdiction of the Scottish criminal courts (multi-jurisdictional case)

Recently, the Hate Crime and Public Order (Scotland) Act 2021 came into force. The author, J. K. Rowling, on X (formerly known as Twitter), asked the police to arrest her if she had violated the law. ...
BakedAlaska624's user avatar
0 votes
0 answers
49 views

Can you be prosecuted for doing something legal abroad (but that is considered illegal in your home country)? [duplicate]

Let's say you are a U.S. citizen and you go to Country X for vacation (or more specifically, with the intent to commit that crime abroad - in case that makes any difference). In Country X, it is legal ...
AlanSTACK's user avatar
  • 2,060
1 vote
1 answer
94 views

Are there major advantages to choosing personal injury lawyer from the car accident city?

If a car accident occurs in city X is there major reason to choose a personal injury lawyer from X? Or is it sufficient to be from the same state?
Maesumi's user avatar
  • 125
1 vote
1 answer
58 views

What state does a web hosting service get sued in?

Bob uses a web hosting service. He has a dispute over a bill and did not get a customer service solution. Bob wants to take the web hosting service to small claims. The terms of service state: This ...
GBG's user avatar
  • 121
9 votes
3 answers
4k views

Why do corporate mergers require the approval of foreign governments?

Design fail: Adobe and Figma call off their merger as antitrust scrutiny intensifies But surprisingly not from American regulators, but from EU regulators. I also sometimes hear similar stories about ...
AlanSTACK's user avatar
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0 votes
1 answer
59 views

What are the territorial scopes of sections 4-5 of the Public Order Act 1986?

Sections 4, 4A & 5, Public Order Act 1986 contain offences, do they apply only to England and Wales, or do they also apply to Scotland or Northern Ireland?
TylerDurden's user avatar
0 votes
1 answer
115 views

I'd like to know if there jurisdiction in a lawsuit for debt collection when the plaintiff misidentified me in the court filing?

I am a defendant in a lawsuit. The plaintiff incorrectly named me as a resident of certain parish and state, of which, by state legal definition,I am not. Can I use this to oppose, in my answer to a ...
William Dowden's user avatar
1 vote
1 answer
313 views

Does the NI Police have any powers in the Republic of Ireland?

I imagine that if they do, then they would be significantly limited compared with what is enjoyed in their native NI, but are there any limited powers? For example interstate “hot pursuit” type ...
TylerDurden's user avatar
4 votes
3 answers
958 views

Divorce court jurisdiction: filing

Is there a uniform rule on where a spouse can file for divorce? I can see 4 possible jurisdictions: Where the couple married Where the filing spouse lives Where the non-filing spouse lives, if ...
user0306's user avatar
  • 1,661
1 vote
2 answers
349 views

Is it legal to 3D scan anything and how are 'shapes' protected?

I'm surprised there are almost no questions on this site about 3D scanning and its legal implications on patents, copyrights, whatever laws or regulation apply on it. As of 2023, 3D printing is ...
Bob Ortiz's user avatar
  • 249
3 votes
2 answers
187 views

What rules determine jurisdiction on the internet?

It is in the news that Clearview AI has won an appeal against the UK Information Commissioner's Office (ICO). The reasons for judgment are here: Clearview AI Inc v The Information Commissioner [2023] ...
User65535's user avatar
  • 6,782
-3 votes
1 answer
157 views

extraterritorial jurisdiction of Europe

I have a question about the extraterritoriality of European laws. Let’s assume the following situation: a person who is not an EU citizen, is a citizen of a country in which viewing and storing child ...
Dhsheeuwu's user avatar
0 votes
1 answer
136 views

Which countries law applies in online defamation?

Let's say Person A who lives in Germany writes defamatory statements on Twitter, incorporated in the US, about Person B who lives in Thailand. Person B suffers damage abroad as a result of the Tweets. ...
kalys's user avatar
  • 1
7 votes
5 answers
4k views

Is it true that common law courts will not resolve a question without a controversy?

Is it true that common law courts will not resolve a question without a controversy and will not give governments pre-emptive advice on the legality of laws or regulations?
Jen's user avatar
  • 56.9k
2 votes
1 answer
114 views

In which state does a corporate firm file for bankruptcy?

Consider a corporate firm that is operating in Miami (e.g., leases office space, meet clients, do the actual work). Suppose this firm's headquarter is in New York City. But, it is incorporated in the ...
Frank Swanton's user avatar
2 votes
3 answers
342 views

Double Jeopardy in the UK for crime committed abroad

This question is about Double Jeopardy in the United Kingdom, focusing on the England and Wales jurisdiction. Pretend the defendant commits a sexual crime in Spain, where one of the following happens: ...
user5623335's user avatar
  • 1,154
0 votes
1 answer
21 views

Restrictions on incorporating a limited liability company abroad?

Let's suppose that a country (A) adheres to the incorporation theory. Could it be, that founding a (limited liability) company in another incorporation theory country (B) by a resident of A, and ...
stf's user avatar
  • 149
2 votes
1 answer
109 views

Jurisdictional Question

Imagine that something is legal in 49 states but illegal in Virginia. For example, imagine if Virginia was the only state to recognize publicity rights. Which of the following situations would be ...
Paredon's user avatar
  • 427
1 vote
1 answer
295 views

What is the difference between the seat theory and the incorporation theory?

In corporate law, what is the difference between the seat theory and the incorporation theory? Where do I find the list of countries (jurisdictions) adhering to each?
stf's user avatar
  • 149
5 votes
1 answer
492 views

On the legality of seizing narco yachts

Allegedly, in February 2007, some 100 nautical miles northeast of the Madeira Archipelago, Portuguese frogmen boarded the Spanish-flagged yacht Blaus VII and found 3 Greek sailors and 1500 kilograms ...
Rodrigo de Azevedo's user avatar
1 vote
1 answer
155 views

What legal arguments could the defense use to stop a State racketeering case against an individual based on them being elected president?

If an individual in the US is indicted on state racketeering charges (e.g. Georgia) and they are later elected as US president, what legal arguments could be made in court by the defense to stop or at ...
uhoh's user avatar
  • 776
2 votes
1 answer
83 views

In what forum would Iran sue Pakistan for damages?

According to reports, Iran may claim $18 billion in damages from Pakistan for an unfinished pipeline if Pakistan does not complete its part of it as agreed. What forum would such a claim take place in?...
TylerDurden's user avatar
24 votes
4 answers
6k views

Can teachers search our dorms without our explicit consent if they have "suspicion"?

I am a girl attending a boarding high school in the US. In June, some students who returned to the dorm early saw some male teachers exiting their rooms. They reportedly ran back to the school ...
ypl1049's user avatar
  • 241
1 vote
2 answers
146 views

Do messages exchanged between students during a virtual class count as "Off-Campus Speech"?

I am the IT manager of a high school. I setup an online conference system during the height of the pandemic so that classes could be conducted virtually. We still sometimes switch to virtual classes ...
yax30758's user avatar
-3 votes
1 answer
169 views

Could SCOTUS ban the pointing of guns at jurors?

With the Rittenhouse fiasco were a prosecutor pointed an assault rifle at jurors. Could SCOTUS give guidance as to how the issue of fire arms in the court room should be handled? And more specifically ...
Neil Meyer's user avatar
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3 votes
2 answers
2k views

In which states can an out of state company be sued in small claims court?

In the U.S., where can a company be sued in small claims court for a breach of contract and fraudulent billing, when the plaintiff resides in one U.S. state, the company's headquarters and place of ...
SDH's user avatar
  • 195
0 votes
0 answers
38 views

What laws define resident and employee rights and protections on federal land, esp. administered by the National Park Service?

How do you look up which laws apply to people who live, work, operate businesses, etc., on a particular parcel of U.S. federal land, especially on land administered by the National Park Service? How ...
wordsworth's user avatar
4 votes
1 answer
382 views

'Homicide by words' hypothetical - First Amendment and jurisdictional questions

This hypothetical is based on the ongoing prosecution of Mandie Reusch. Mr Y lives in Nevada, and Ms X lives in Wyoming. Ms X also suffers from depression and PTSD. They still speak to each other, and ...
BakedAlaska624's user avatar
28 votes
1 answer
4k views

Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?

In Westenbroek v. Kappa Kappa Gamma Fraternity (2023), filed in the Wyoming District of U.S. court, the plaintiffs are seven women, members of Kappa Kappa Gamma sorority at University of Wyoming, ...
Mark Dominus's user avatar
9 votes
2 answers
1k views

Jurisdiction over FDA

What exactly grants Federal courts jurisdiction / authority over the FDA, such that they can invalidate approval of pharmaceuticals? This article prompts the question: https://abcnews.go.com/Health/...
gatorback's user avatar
  • 7,159
7 votes
1 answer
4k views

Why was the Dominion v. Fox case tried in Delaware?

As reported, Fox News is sued in the Delaware courts by Dominion. What determines which state(s) the Dominion v. Fox case is tried?
gatorback's user avatar
  • 7,159
0 votes
1 answer
53 views

Do anti discrimination laws bind overseas service providers when the victims of their discrimination are in the jurisdiction of the law?

Bob lives in Birmingham or perhaps Madrid. He joins an online club operated by an overseas entity based in Peru, or perhaps Chicago. They incidentally find out that he is black and promptly cancel his ...
TylerDurden's user avatar
12 votes
3 answers
4k views

Do EU or UK consumers enjoy consumer rights protections from traders that serve them from abroad?

Bob lives in Manchester, or alternatively in Lyon. He purchases a product or service from a vendor in the USA, or perhaps Timbuktu. Do European or British consumer rights legislations bind the ...
TylerDurden's user avatar
1 vote
1 answer
84 views

Do any other consumer rights laws have extraterritorial applicability to international organisations that cater to British or European customers?

The GDPR purports to bind any organisation, wheresoever it may be based, that serves individuals based in the EU, or (as the case may be) the UK. The GDPR governs the obligations of organisations and ...
TylerDurden's user avatar
1 vote
2 answers
1k views

is after the fact consent ever possible or a defence? [closed]

Are there any Jurisdictions around the world that allow for consent to be after the fact ? or is there defences that allow for consent obtained after an act to be a defence (as in the accuser or ...
user avatar
3 votes
1 answer
4k views

Can authorities pursue you across state lines for something that's illegal in their state but legal in the other state?

As an example, in Arizona, one is free to own many types of firearms without a license, whereas such things are heavily restricted in California. The cops in California receive video evidence of Bob ...
chausies's user avatar
  • 4,055
4 votes
2 answers
245 views

Can the US House compel a state prosecutor to provide documents about an upcoming state court case?

The US House Judiciary Committee, Oversight Committee, and Administration Committee all sent a letter to Alvin Bragg, the current New York County District Attorney overseeing the New York "Hush ...
Schwern's user avatar
  • 156
7 votes
1 answer
2k views

Minimum penalty for extradition makes no sense?

I have been looking into extradition law, focusing on the United Kingdom (England and Wales jurisdiction) wanting to extradite an individual back from a country abroad. There are many factors to ...
user5623335's user avatar
  • 1,154
-1 votes
1 answer
69 views

What connections do different locations of county court in Greater London area have with one another? [duplicate]

Do county courts throughout the London area share any closer of a connection than do a county court in Bristol and one in York? And how do they all bind each other? It has been said in past answers ...
TylerDurden's user avatar
0 votes
2 answers
154 views

Does a county court circuit judge’s decision in Birmingham bind a district judge in London?

They are more senior but in a different region of the English “county court.” So how does this work?
TylerDurden's user avatar
3 votes
1 answer
120 views

How do lower level (county or magistrates) courts in the City of London differ in their jurisdictions from those in the surrounding boroughs?

Because the City of London has certain aspects of municipal autonomy, are there restrictions on their equivalence with the rest of the county or magistrate court system? In general any county court ...
TylerDurden's user avatar
1 vote
1 answer
132 views

On the legality of stopping a foreign ship and seizing goods [duplicate]

I read today that in the Gulf of Oman, in international waters, a small Iranian ship was detected by the US Navy. The Americans assumed that it transported weapons to Yemen and contacted the British ...
M. Wind's user avatar
  • 155
0 votes
2 answers
134 views

Statute of limitations in the USA

I was reading this interesting article by Bruce Schneier, where he explains how a notorious hacker called Kevin Mitnick "hacked" California Law in 1983 by researching the statute of ...
user5623335's user avatar
  • 1,154
14 votes
2 answers
3k views

In the USA what state's laws do I have to abide by when rafting on a river boundary?

Lets say I'm rafting in a river that marks the boundary between state A and B. While in said river I perform an action legal in state A but not in state B. I want to know if I broke the law. How do ...
dsollen's user avatar
  • 8,470
3 votes
1 answer
115 views

What authority grants the US to extradite and Charge Non US citizens for violating US sanctions?

Context: https://www.bbc.com/news/world-us-canada-54270739 What dominion does the United States have regarding the enforcement of sanctions? Can the US impose extradition of foreign nationals like Ms....
gatorback's user avatar
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