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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Are there any legal protections for entities that engage in non-sensical actions? [closed]
Often times when I commit an action viewed by the general public as non-sensical I wonder how, if needed, I would justify them in front of a law enforcer, e.g. driving in a road for a reason that ...
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In England, what are the potential jurisdictional issues when a company has two domiciles?
The UK is considering introducing a corporate re-domiciliation regime.
Suppose a company is simultaneously incorporated in the UK and another jurisdiction (during a legal transitional period when the ...
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How do inter-country differences in IP law interact with global companies and internet services? [duplicate]
Intellectual property laws vary by country, but are enforceable to some extent internationally. When we are talking about potentially tortuous actions taken by companies that can operate anywhere in ...
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Enforceability of removal to federal court
28 U.S.C § 1332 and 28 U.S.C § 1446 outlines federal court jurisdiction for diversity of citizenship and the procedure for removing a civil case to federal court from state court. From what I'm ...
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High Court order vs Notification
In India, in the context of a subject in the concurrent list, if an older High Court order is repugnant to a relatively newer Notification issued by a Ministry in the Government of India, what legally ...
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Can toll evasion charges be heard in superior court?
CVC §23302.5 states:
(a) No person shall evade or attempt to evade the payment of tolls or other charges on
any vehicluar crossing or toll highway.
(b) A violation of subdivision (a) is subject to ...
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A tricky question about cybercrime
Let’s say I hack into a database when I’m in America, but the database servers are physically in Iran, but to complicate it even more- the company that owns the database is European.
These are just ...
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Texas HB 1181: How does jurisdiction work?
Texas HB 1181 requires commercial sites that serve more than 1/3 of their content as porn to verify users from Texas prior to serving them explicit material or face civil penalties. Can someone please ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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. ...
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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 ...
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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?
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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 ...
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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] ...
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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 ...
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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. ...
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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?
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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 ...
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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:
...
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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 ...
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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 ...
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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?
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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 ...
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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 ...
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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?...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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'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 ...
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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, ...
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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/...
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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