Questions tagged [jurisdiction]

For questions concerning whether a body has the power to make a legal decision on a particular matter.

Filter by
Sorted by
Tagged with
2 votes
1 answer
36 views

Should an attorney that's reviewing employment contracts be licensed in the same state as the employer?

I was recently offered a new job. The company is fully remote and is based in California; however, I live in a different state. I want to get a Contract Review attorney to take a look at the ...
0 votes
1 answer
82 views

Limits of navy jurisdiction/authority in international waters

Once and then I read news about US navy stopping, searching and even sinking commercial vessels flowing non-US ensign (most recently Iranian). Sometimes news regard navy vessels not conforming to ...
  • 581
0 votes
1 answer
125 views

Is it possible to sue a UK national from the USA?

Plaintiff is a U.S. citizen living who spent a year as a student living in the United Kingdom. During that year she was the victim of a sex crime. There may have been a criminal trial, and the outcome ...
1 vote
1 answer
54 views

Jurisdiction over trademark infringement when infringement has a foreign origin

My understanding is that to file a trademark infringement lawsuit, I have to file it in the state where the "infringing activity" is occurring, in other words the location of the defendant. ...
  • 6,282
5 votes
1 answer
501 views

Does San Francisco and California law have jurisdiction in the Presidio of San Francisco?

The Presidio is rumoured to be federal land, and I'm wondering how that affects what law is applicable there. Does California law have any effect there?
3 votes
1 answer
85 views

Which state's laws apply to online defamation?

If a libelous statement is posted online, and the victim and offender are from different states, which state would be more pertinent to the defamation case? I.e. which state's defamation laws, statue ...
  • 61
2 votes
2 answers
245 views

What elements are considered when deciding order of trials and sentences for a multi-region, multi-year, multi-severity criminal?

A citizen of the USA has a number of individuals, cities, counties, states and the federal government after them for a wide variety of crimes with a wide variety of themes over a period of several ...
  • 450
0 votes
1 answer
37 views

What gives the (New York State) governor the power to make executive orders?

In New york state is there a part of the constitution (New York State Constitution) or a law that expressly guarantees a Governor the right to executive orders? The only reference I could find to ...
0 votes
1 answer
59 views

which state's laws would an "insurer" be subject to if were a USA subsidiary of a foreigncompany and it owns offices across the entire UStatesAmerica?

Which state's laws would an "insurer" be subject to if were a USA subsidiary of a foreigncompany with headquarters in state X, and global offices, offices scattered across the United States ...
user avatar
2 votes
1 answer
98 views

What are the _vertical_ limits of a country's (or other entity's) territory?

The examples deal with the US, but I'd also be curious about similar laws relating to other countries. Imagine there is an underground cave or tunnel whose entrance is in Sonora, Mexico, but which ...
7 votes
1 answer
583 views

Governing law clauses with parties in different countries

If I am in the United States, and I agree to a contract stating that both parties agree to submit to the exclusive jurisdiction of a court in a foreign country, can I be compelled to appear in that ...
14 votes
3 answers
3k views

To what extent are England and Wales one completely wedded jurisdiction?

Are there any legal provisions that apply only to England or only to Wales but not respectively to the other? Why are they so closely associated with each other as to have just one tag on the site, ...
1 vote
0 answers
55 views

Could Stossel have sued Facebook (for defamation) in a state other than California?

Interestingly, California seems to a place where it's harder to win a defamation lawsuit because the 9th Circuit has more or less "overridden", or at least issued a more clear test of ...
  • 2,883
2 votes
4 answers
299 views

If a stateless person commits a crime in Bir Tawil (land that belongs to no country), which country will regulate the punishment?

Let's imagine a guy Bob. Bob has no citizenship (stateless). Bob ended up on a land that doesn't belong to any country (Bir Tawil). Bob commited a particular crime (let's say, he murdered another ...
0 votes
1 answer
46 views

Is it by jurisdiction that every country have to publish statistics of COVID-19 related statistics?

I have found that the Philippines has published the COVID-19 related statistics in accordance with Section 28, Article II of the 1987 Constitution, Section 7, Article III of the same Constitution, ...
  • 3
1 vote
1 answer
65 views

Why can Dutch police order Binance to freeze funds of Colombian customers?

In short, Dutch police ordered Binance (cryptocurrency exchange) to freeze funds of some Colombian customers, and those customers are supposed to prove - to the satisfaction of Dutch police - that ...
  • 36
2 votes
3 answers
84 views

Which country should prosecute cross border criminal (gross) negligence?

This question is inspired by the second crash of the Boeing 737 MAX. I am focusing on the second crash because after the investigation of the first was completed it was clear that there was a danger ...
  • 480
2 votes
3 answers
128 views

Do countries (with rule of law) exist where a court ruling can be achieved before an action is taken?

Let's say I want to Create a taxi-like service that avoids requiring medallion Create a hotel-like service that can avoid zoning and insurance laws Create a tax scheme involving moving money in ...
  • 305
1 vote
1 answer
124 views

If a nation rejects jurisdiction of international law, can it demand other to comply with international law?

In 2020 Putin signed a law that on Russian territory Russian law supersedes international agreements. The actual wording nullifies international agreements that contradict the Constitution of Russian ...
  • 1,679
2 votes
1 answer
105 views

Can I sue an airline in the small claims court in the UK?

Suppose that a person A booked a flight to the middle east from the UK. The Airline's Covid site advice was that PCR tests had to be done 72 hours prior to the flight. Suppose that A took this advice ...
1 vote
2 answers
386 views

To what extent is Walt Disney World exempt from the laws of Florida and the United States?

Many years ago, I overheard in casual conversation that Walt Disney World was essentially a country within a country, a privately-owned nation in which the laws of the U.S. don't apply. I've never ...
  • 477
3 votes
2 answers
131 views

Are judges in California allowed to award punitive damages totaling an award higher than the jurisdictional limit of a small claims case?

Background Say you are awarded $3,000 in compensatory damages, and the judge feels like treble damages would be appropriate for the specific facts of a case. Questions: Is the judge permitted to act ...
1 vote
1 answer
94 views

Is code on Github safe against US claims?

I run a smaller non-US company producing hardware-related code. Since the code is hardware related I might patent it (the entire system) outside US at some time. I want to use Github to store my code ...
  • 113
1 vote
2 answers
216 views

Panel of Judges in Supreme Court - Odd number?

In Supreme Court, the panel of judges will always be a odd number? 3,5,7,9 so the decision in terms of votes count verdict will always outcome a result and not a tie?
-1 votes
1 answer
96 views

Can a police officer, under these circumstances, enforce the following arrest warrant out of Jurisdiction?

A warrant is issued for the arrest of Jimmy Jones for crimes committed in Springfield County. Officer Bob is an officer with the Shelbyville Police Department, a city in Simpson County near the ...
  • 18.3k
3 votes
1 answer
107 views

Jurisdiction of file a complaint of a party who fraudulantly denies the contract

The complainant started working for a company as a freelancer, there is no duly signed document but the complainant has the confirmation message in Skype conversation. Also he has all the conversation ...
1 vote
1 answer
66 views

Can a US person sue an entity that is funded by a federal agency in the US?

Hypothetically, if a foreign company raises money through the US Development Finance Corporation, are they liable to lawsuits in the US if there is a breach of contract between the foreign company and ...
  • 13
0 votes
2 answers
95 views

Federal bright-line forbidding shooting a non-threatening fleeing suspect?

Context: Re: Woman shot by school safety officer to be disconnected from life support The school safety officer had responded to an "off-campus" incident, Chris Eftychiou, public ...
  • 5,789
0 votes
1 answer
89 views

How do I challenge my HOA's decision on my request to modify my property?

I'm in St Louis, Missouri. My house is a part of a HOA. It has bylaws and the bylaws state that alternative dispute resolution may be done through the City of St Louis in accordance with Chapter 435, ...
1 vote
1 answer
1k views

Filial responsibility laws across US state boundaries

So I just discovered that some states have filial responsibility laws and some do not in the U.S. https://graphics8.nytimes.com/packages/pdf/health/NOA/30states.pdf My question is which states laws ...
  • 405
0 votes
3 answers
88 views

What is a good term to unambiguously distinguish the reach of law vs the claim of reach of law?

I wasn't sure if this is better for the site itself or for the meta site. But just in case there is a proper legal term, I figured maybe the question does belong on the site. We have some questions ...
  • 2,470
0 votes
0 answers
100 views

Why do some online services and cloud apps market their security and privacy based on legal jurisdiction?

I noticed many privacy focused apps make a point of selecting which country their servers and data is stored in. Why is this and is their reasoning valid? For example this article compares the cloud ...
1 vote
1 answer
77 views

By what power are High Courts in India able to direct the Centre?

I keep hearing a High Court has directed the Centre to do something. See example. It's a good thing in my opinion. However, the jurisdiction of a High Court as I understand is within that state for ...
  • 11
0 votes
1 answer
61 views

Analyzing the complaint and answer in federal civil case

I'm interested in understanding how lawyers and judges analyze the pleadings provided in the answer to a civil complaint. Therefore, I'll choose an interesting case I'm not involved in and provide a ...
  • 1,775
1 vote
1 answer
23 views

How is a US state court's jurisdiction over a case dismissed without prejudice impacted within the context of a private settlement agreement?

Context: The text in quotes below is an excerpt from a hypothetical Private Settlement agreement between a Defendant (debtor) and Plaintiff (original creditor) in a state district court (United States)...
2 votes
2 answers
142 views

Can the US Supreme Court's appellate jurisdiction over cases in which it has original jurisdiction be limited?

According to the US Constitution, the US Supreme Court has original jurisdiction in "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party&...
  • 155
2 votes
1 answer
43 views

What state or country can have criminal or civil proceedings?

The hypothetical scenario below occurs in the United States. Suppose I live in State A, but am on vacation to State B. While on vacation, suppose someone living in State C, but currently in State D, ...
1 vote
1 answer
102 views

Suppose Eviction bans are struck down

Suppose the Supreme Court strikes down both the CDC's eviction ban and all local bans. What happens if local governments ignore the Supreme Court and still refuse to evict? Can individual sheriffs, ...
  • 1
2 votes
2 answers
103 views

If the state is involved in a civil matter, can it use its criminal evidentiary powers against the other party?

I will preface this question by say I am a total layperson when it comes to the law so forgive me if I mix up ideas here. This question is based on the recent news that the EU is suing AstraZeneca for ...
1 vote
1 answer
117 views

Local vs. State vs Sheriff police cruisers

I saw a sheriff's police cruiser having pulled someone over (North Carolina). It got me wondering. What defines the boundaries for each of state, local, and sheriff's jurisdictions? An example that ...
0 votes
1 answer
31 views

Instituting a suit in another jurisdiction

Can I institute a lawsuit in the US where both parties live, but for a contract of sale of real estate signed in a foreign country by representatives of the parties living in the U.S.?
1 vote
0 answers
44 views

Can state officials demand I-9s from a company?

I have a state official asking me copies of I-9 forms for my former employees. Does a state official have the legal authority to demand federal documents such as I-9s from businesses in the state?
  • 6,282
2 votes
1 answer
71 views

Constitutional Law in the absence of service-process

Can a Federal Judge make findings that substantially affects the property interests of third persons who are not and never were before the court {no action commenced against them, and no process) ...
  • 21
29 votes
3 answers
5k views

Resume Writer asks: Who owns the copyright - me or my client?

I'm a professional resume writer (among other things). Clients regularly pay me to completely overhaul their resumes. Over the years I've amassed a large collection of well-written resumes. I would ...
  • 401
2 votes
1 answer
111 views

What law applies in the case of a theft at a Border Patrol checkpoint? Who can make an arrest?

Travelers A and B are waiting in line at a border patrol checkpoint, when traveler B attempts to steal something of traveler A's. Can a Border Patrol officer intervene, or would they have to summon a ...
  • 2,544
1 vote
1 answer
737 views

If a person commits assault in Mexico and not charged in Mexico, can he or she be charged here in the U.S.?

A man assaulted a woman while in Mexico. She did not press charges there and they returned to the U.S. Can she press charges against him in this country for something he did in Mexico?
18 votes
2 answers
4k views

Does Texas have standing to litigate against other States' election results?

https://abcnews.go.com/Politics/states-blast-texas-bid-overturn-election-seditious-abuse/story?id=74656637 What standing is required (if any) for an entity (person, corporation, state, etc.) to ...
  • 5,789
0 votes
1 answer
57 views

Circuit court misquotes supreme court: what precedent does district court follow?

In United States v. Bowman (1922), the Supreme Court ruled that the presumption against the extraterritorial application of a statute does not apply to statutes that are "not logically dependent ...
1 vote
0 answers
30 views

How can an app company determine the validity of legal requests for user data from various countries?

Context Suppose the following example (but I'd be grateful for clarifying comments and exceptions that make the rule): An app named Twombly is made by a company registered in the United Kingdom. Users ...
1 vote
1 answer
116 views

Jurisdiction Over A Crime Committed In An Airplane Flying Over U.S. States

If a woman assaults another passenger while on a plane flying over the continental United States, which courts have jurisdiction to prosecute a criminal case against her? (This question comes up in ...
  • 153k