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
199
questions
0
votes
2
answers
1k
views
is after the fact consent ever possible or a defence?
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 ...
- 25
0
votes
0
answers
76
views
Is it a crime to perform consulting to a company whose business is illegal in my country?
Let's say a UK company provides management consultancy services and works with a foreign company whose business, while legal in that country, is illegal in the UK. Specifically, the foreign company ...
- 109
1
vote
1
answer
141
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 ...
- 2,830
3
votes
2
answers
100
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 ...
- 139
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 ...
- 450
-1
votes
1
answer
65
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 ...
- 4,683
0
votes
2
answers
85
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?
- 4,683
3
votes
1
answer
86
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 ...
- 4,683
0
votes
2
answers
99
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 ...
- 450
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 ...
- 7,504
3
votes
1
answer
76
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....
- 6,053
1
vote
0
answers
33
views
Does an MLAT request have an age limit?
Having recently found out about Mutual Legal Assistance Treaty (MLAT) requests, I had some questions that I could not find on the government (gov.uk) website. I am interested in both between UK and EU ...
- 450
2
votes
1
answer
52
views
Minimum sentence for Mutual Legal Assistance Treaty (MLAT) request
I was told by a friend studying Law, that for a country to submit a Mutual Legal Assistance Treaty (MLAT) request there would be certain criteria that must first be met. If they are not met, the MLAT ...
- 450
2
votes
2
answers
88
views
How to know if a contract is enforceable or "void"?
I read, for example, that specific cryptographic smart contracts are "not enforceable" in the legal context of them, and I understand that an agreement or a contract between parties that ...
0
votes
2
answers
114
views
Which country has jurisdiction over copyright violations?
If an individual registers an LLC or S Corp in a country with lenient copyright laws and lives in a country that takes copyright more seriously, which country has jurisdiction over that individual - ...
- 479
4
votes
1
answer
76
views
Does the US judicial system treat the constitution differently to any other law?
In france, there's a thing called the law-screen theory which states that a judge only applies the law, and not the constitution. If someone says they're being tried unconstitutionally, they can claim ...
- 842
3
votes
1
answer
60
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 ...
- 31
1
vote
1
answer
112
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 ...
- 591
0
votes
1
answer
163
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 ...
- 450
1
vote
1
answer
55
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.
...
- 6,610
5
votes
1
answer
524
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?
- 51
3
votes
1
answer
123
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 ...
- 79
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
63
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 ...
user46398
2
votes
1
answer
99
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 ...
- 121
7
votes
1
answer
589
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 ...
15
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
56
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 ...
- 2,941
2
votes
4
answers
445
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 ...
- 123
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
70
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
133
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 ...
- 357
1
vote
1
answer
131
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 ...
- 1,689
2
votes
1
answer
122
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 ...
- 31
1
vote
2
answers
545
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 ...
- 487
3
votes
2
answers
146
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 ...
- 71
1
vote
1
answer
95
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
245
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?
- 117
-1
votes
1
answer
97
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 ...
- 20.8k
3
votes
1
answer
108
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 ...
- 167
1
vote
1
answer
68
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
98
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 ...
- 6,053
0
votes
1
answer
90
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, ...
- 101
1
vote
1
answer
2k
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 ...
- 825
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 ...
- 2,469
1
vote
0
answers
106
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 ...
- 33
2
votes
1
answer
79
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 ...
- 21
0
votes
1
answer
63
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 ...
- 1,795