Questions tagged [jurisdiction]
For questions concerning whether a body has the power to make a legal decision on a particular matter.
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Can't GDPR compliance be trivially bypassed?
For large tech firms such as Facebook, at least, wouldn't it be a trivial matter for these companies to avoid EU GDPR compliance altogether?
Many big companies don't actually "sell" any tangible ...
2
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1answer
34 views
What state child support laws govern?
If a child support order originates in a non-community property state, but the debtor lives in a community property state, does that make any difference or is it a moot point?
For example, in some ...
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Help interpretting Florida Statute and specifically Jurisdiction on the waters of the state
Florida Vessel Statutes state:
327.58 Jurisdiction.—The safety regulations included under this chapter shall apply to all vessels, except as specifically excluded, operating upon the waters of this ...
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1answer
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In which jurisdictions outside the EU can the GDPR be enforced?
The GDPR is a law the EU passed requiring businesses, even foreign businesses, to protect the privacy of EU citizens.
Now of course, the EU's jurisdiction is not global, but the EU does have treaties ...
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1answer
57 views
Must an American company comply with Australian surveillance law?
So there is a law called Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 that was recently made law in Australia. From what I have heard about it, it allows the ...
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2answers
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Source of Supreme Court's authority to overrule prior Supreme Court decisions
If the Supreme Court is the final authority, where does the authority of future Supreme Courts come from, to overturn prior results? Wouldn't past and future courts be of equal authority?
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Possible legal steps for psychological damage caused by a company
A friend of mine studies at an American university in the UAE. Recently, he was literally escorted out of the campus building on the premise that it was winter break.
It is a common notion that the ...
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1answer
85 views
What makes a court able to assert jurisdiction over another sovereign state?
I just read this news where a US federal judge ordered North Korea to pay $500 million:
Judge Howell ordered the payment, and wrote: "North Korea is liable
for the torture, hostage taking, and ...
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1answer
42 views
How much can the GDPR be amended by EU member states in their national laws?
Citing article 8 of the GDPR (emphasis added):
Where point (a) of Article 6(1) applies, in relation to the offer of information society services directly to a child, the processing of the ...
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1answer
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Potential indictment of Assange and jurisdiction
I was discussing this sealed indictment against Julian Assange with my wife and she was making the argument that this is not an attack against freedom of the press as granted by the Constitution. She ...
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1answer
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Jurisdiction in cross-state-border exposure
In Queensland, the Summary Offences Act 2005 states "A person who is so near a public place that the person may be seen from the public place must not wilfully expose his or her genitals so that the ...
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3answers
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What is the jurisdiction of the Khashoggi murder case?
Today, I read that Turkish president Erdogan wants the Saudi hit squad that killed journalist Jamal Khashoggi to face justice in Turkey for their role in the murder.
There seems little doubt that a ...
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2answers
326 views
Can the US Supreme Court hear an appeal from State Supreme Court w/o a federal question?
Is it a matter of choice that the US Supreme Court will reject a case from a State Supreme Court that does not have a federal question or are there binding jurisdictional requirements that would ...
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1answer
34 views
Are there any country with laws allowing insurance buyers to cancel their insurance within 14 days?
In Indonesia, there is a rule. If you buy an insurance, after you send the money, you will get some info.
Some info are written more clearly after you buy the insurance.
If you don't like it, you ...
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3answers
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Are there any legal precedents regarding the enforcement of a country's laws on its citizens abroad?
I'm asking about the United States specifically but it would be valuable to hear about other countries as well.
Are there legal/constitutional arguments against the application of US laws on US ...
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2answers
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When is Pro Hac Vice an actual thing?
"I am licensed in the State of Texas and have been admitted on a pro hac vice basis for a case I am handling in Florida. I am not licensed as an attorney in Florida."
This is what a lawyer wrote to ...
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2answers
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What is meant by 'place of first publication'?
I am currently trying to get my head around the various Laws and Regulations, surrounding Copyright and Public Domain, when it comes to Literature.
My initial question opens the discussion, where ...
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2answers
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What happens if a piece of Literature falls within the Public Domain in one Territory but is Copyrighted within another Territory?
I am considering the use of some literature, for use on products on an e-commerce site. For the most part, the literature is classified as being in the public domain. Thus, free of copyright.
For a ...
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0answers
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Default Governing State for NDA
If an NDA does not list the governing state in the terms, what is the default state that governs if legal action is taken? Which state has jurisdiction? (Parties reside in two different states)
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Theory: Murder in neutral waters by person without citizenship?
Theoretical question: Murder in neutral waters by person without citizenship? Will person be prosecuted? What if victim is also a person without citizenship?
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2answers
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How easy can a divorce be dismissed for lack of jurisdiction?
Two people are married for 20 years. They used to live in Pennsylvania but moved to New Jersey across the river and lived there for two years.
Wife gets kicked out around January 1 by husband so she ...
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0answers
42 views
Can a local police officer (or local DA) charge someone with breaking a federal law?
Can a local police officer (or local DA) charge someone with breaking a federal law or can they only charge suspects with violating state laws?
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forum selection clause in an international contracts
If there is a forum selection clause in an international contract (between 2 companies in 2 different countries), then it is fairly easy to decide which court has jurisdiction and what laws should be ...
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457 views
Immunity to prosecution vs multiple jurisdiction
Consider the following scenario: Witness (not defendant) asked to testify at a civil case at a state court. Witness takes the fifth out of nowhere, that is at a completely unexpected place in ...
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1answer
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Would a business that has no office in EU still have to worry about GDPR, and if so, why?
This question is inspired by this other question asks about how a (fictional) Small Town News USA Inc could prepare for GDPR.
Although opportunistic lawsuits against US-based businesses on their ...
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1answer
58 views
Do complaints under the Privacy Act of 1974 need to be made in local court first?
In cases where a complaint involves a US Federal law, like the Privacy Act of 1974, does the petitioner need to file the complaint first in a local (state) court, or can the petitioner file ...
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1answer
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Jurisdictional vs appeal of right
Does an appeal of right that is not heard or briefed remain an appeal of right if dismissed and brought in front of the Supreme Court on a jurisdictional appeal. Also, on that appeal, would the brief,...
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1answer
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Can states legitimately enact immigration law or policy that is contrary to federal immigration law?
Federal Immigration and Nationality Act Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) says
Any person who encourages or induces an alien to reside in the United States, knowing or in reckless disregard ...
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1answer
38 views
Why did the Supreme Court set a 3-year time-frame? Sebelius v Auburn Regional Medical Center
In Sebelius v. Auburn Regional Medical Center, the decision was that (a) the jurisdiction really did not belong to the agency but to the legislation and so they didn't agree to there being a 180 time ...
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1answer
56 views
Can a U.S. business store mail on a server outside the U.S.?
If you are a business incorporated/registered in the US, is it currently (Feb. 28 2018) legal to store emails on mail servers outside the US?
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1answer
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Small claims court jurisdication over international employment agreement?
I am a US citizen originally residing in state S.
I entered into an employment agreement with a company headquartered in country C1 (not the US), with physical offices in another country C2 and US (...
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1answer
692 views
U.S. v. Cruikshank (1876) decision
Background
According to my textbook:
In Cruikshank ... the [Supreme] Court ruled that voting rights remained a state prerogative unless the state itself violated those rights. So long as the civil ...
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1answer
34 views
Space Law Jurisdiction
Given the recent increase of space-tourism and space-related activities (Go Mars Colony!) I wanted to ask about judicial jurisdiction.
In my mind, if Organization X sends a colony ship to well... ...
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4answers
252 views
Would Santa Claus at the North Pole be under the legal jurisdiction of any country?
So Santa Claus lives at the North Pole (which we'll naturally assume is at the exact location of the Earth's north pole). If someone wanted to, for instance, sue Santa for IP infringement or arrest ...
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Order of precedence in cases where more than one nation has an interest?
... Disclaimer first: This is a hypothetical that came up during a discussion elsewhere. No real people were harmed during the creation of this question, and any resemblance to current or past events ...
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1answer
183 views
Can a person outside the US, who is affected by a product in a US class action, join the class case?
This question is motivated by a class action suit in the US, against a US manufacturer who sells their products worldwide. The product is alleged faulty, and a class action suit has been filed in the ...
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1answer
159 views
What happens when court orders issued by different countries contradict each other?
Two recent examples have prompted me to wonder about this:
In the Equustek case a Canadian company has gained an injunction in the Canadian courts ordering Google to remove certain material worldwide....
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1answer
51 views
What is an american crime? [closed]
My friend believes that the Amanda Knox case, for instance, is an American crime because she herself was an American. I believe what constitutes an American crime is a crime committed on US soil where ...
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1answer
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What constitutes “doing business in a jurisdiction?”
In order to be sued in a particular jurisdiction, say New York, a company must have a minimal business presence in the jurisdiction. What constitutes such a presence?
Suppose the company engaged a ...
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4answers
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If I've been prosecuted for a crime by another country can the US prosecute me for the same crime afterwards?
Lets say that I commit a crime in which the USA and another country both have jurisdiction. As an example I, a US citizen, kill Bob, a citizen of country X, while we're located in Antartica.
...
3
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1answer
236 views
Who prosecutes a crime if it's impossible to tell which state the crime took place in?
Let's say that I go out on a fun hiking expedition with this nice Donner family and we get lost in the woods that reside on the state line between states A and B. After a few days of wondering in ...
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2answers
233 views
Under which country's jurisdiction does a website fall?
My site is hosted in the US. The domain was bought from an Indian vendor, and is being developed in India by an individual. There is no registered office or anything of that sort.
The site's content ...
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4answers
199 views
Is recreational marijuana actually legal in states that voted it to be legal?
Update to clarify what is meant by "actually legal": my question is whether, in states that voted recreational marijuana use to be legal, it is possible for anyone in the US Government (federal, state,...
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1answer
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Contract jurisdiction? - UK client purchasing from Spain
I'm a UK reg'd business looking to appoint a Spanish company to do some web development. Which legal jurisdiction would it be most normal and fair to have to contract written under? (small total ...
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1answer
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Which state's laws determine guidelines for voluntary termination of parental rights?
A couple has a child out of wedlock. The father pays child support for several years, but the mother and child live in a different state from the father/where the birth occurred. The father wishes to ...
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1answer
42 views
Do courts have jurisdiction over online service providers from overseas?
Consider this pretty common scenario: company (or person) A, incorporated/residing in country X, provides online services all over the world. Technically, the services do not require any physical ...
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1answer
843 views
Which court is the correct court to file a suit against a school district issues in Texas?
Would this be a county or state court, or is there some other court in which to bring a suit against a Texas school district? I believe some school districts straddle county lines, but I am not sure.
...
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1answer
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Social Services - Legal Jurisdiction of Child Abroad
Does the child care department of social services have the legal right to interviene with a child that has a legal domicile (and juristiction) from another country?
For the sake of argument:
Child A ...
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1answer
440 views
Proper jurisdiction for injunctive relief not involving a monetary claim in Boston
I am trying to figure out the proper venue for petitioning a civil injunction, a complicated problem in Boston. The pleading is for a mandatory injunction against the directors of a corporation ...
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1answer
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Copyright issues when making an app
This following question concerns different copyright issues.
A friend of mine and myself are planning to develop an app to facilitate a role playing game. (Most of the time it is called "Werewolf", I ...
