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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1answer
95 views

If a US citizen murders a fellow citizen in a foreign country, where does the trial happen?

If an American citizen murders another American citizen abroad in a country which an extradition treaty exists, but is first arrested back in the United States where they have since returned to - ...
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1answer
16 views

Jurisdiction for international contracts where it is unspecified in a contract clause

Assuming a contract doesn't have a clause specifying jurisdiction how is jurisdiction decided. I am talking about international contracts and which country's laws would govern the contract. So to ...
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What consequences are there to ignoring GDPR rules as a non-EU entity?

If a non-EU entity ignores the GDPR rules, including not paying any fines they receive from not following them, what consequences are they subject to? Can a company simply decide to ignore GDPR rules ...
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125 views

Does the ATF have jurisdiction to prohibit gun sales to marijuana users when the marijuana used is not subject to federal jurisdiction?

Does the ATF have jurisdiction to prohibit gun sales to marijuana users when the marijuana used is not subject to federal jurisdiction? https://www.law.cornell.edu/wex/commerce_clause If the ...
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1answer
44 views

The “focus” of a statute (RJR Nabisco v. European Community)

In the US Supreme Court's decision in RJR Nabisco v. European Community, the court utilizes a two-step framework for analyzing matters of extraterritoriality. In the second step of this framework, the ...
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Can the trial court's jurisdiction over new trial motion be extended by itself on the basis the court “tolled statutory time limit” due to COVID-19?

This is a family court DV case in CA, which a trial was held and both parties prevailed in prosecution but failed in defense. After the trial, a party timely filed a new trial motion seeking a new ...
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23 views

What is meant by Capacity to Perform Juristic Acts

What is the difference between Capacity to Act and Legal Capacity?
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1answer
52 views

Does a U.S. District judge's decision set binding horizontal precedent in the same district?

Suppose a U.S. district judge in, say, the Southern district of New York writes a decision regarding some legal procedure. Can a different U.S. district judge in the same district write a ...
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73 views

Is the moon terra nullius, or do there exist property rights to the moon?

Is the moon terra nullius or do any property rights exist for it in any shape or form?
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What jurisdiction applies to invasions of privacy on social media? [duplicate]

Suppose user "M", a resident of Maine, posts on Facebook photos or other material that constitute invasion of privacy for user "W", a resident of Washington. Suppose also that the assertion of ...
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Can Australians Accept The Ritchey Permissive License?

According to this post, in Australia you cannot disclaim all warranties. The Ritchey Permissive License does ("The material is provided without warranties of any kind"), but it also states "You must ...
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What is the intent and limit of case law?

What is the purpose, intent, scope, authority and/or limitations of case law? Does case law have limitations? Can case law create procedural rules, civil and/or criminal? Can procedural rules be ...
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1answer
123 views

Can a U.S. phone call recorded in a 1-party state be used as evidence in a case tried in a state that is 2-party?

Hypothetically, let's say someone is involved in a case that was originally filed in a NJ court. The case was then transferred to FLA (after a motion to do so was accepted). If they have recorded ...
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42 views

Interview before court date

If you have gotten a court date for a civil case by the labor tribunal (violation of contract clause), is it normal to have some interview session asking for necessary documents before the court date? ...
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1answer
82 views

Sued outside a country

What happens when you get sued for civil matters such as breaching employment contract in one country, after you have already left to another country for good? What is the general protocol for these ...
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1answer
88 views

How does a company, with a multinational presence, establish the correct Jurisdiction to work within?

For the purpose of this question, let's assume an eCommerce company has the following profile: Registration Location: London; Distribution and Manufacturing: London; Domain Name: www.example.co....
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Original Jurisdiction of the Supreme Court via congressional abrogation of Sovereign Immunity

In United States v. Georgia the U.S. Supreme Court held that Title II of the ADA validly abrogrates sovereign immunity under the 11th Amendment. A Title II Plaintiff may name a state or one of its ...
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55 views

Buying Organs in different Jurisdiction

A podcast indicated that it is illegal to buy \ sell a kidney in everywhere but Iran and was labelled a 'repugnant' transaction. If an American who was critically in need of the organ went to Iran to ...
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1answer
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In the U.S., can corporations be formed under jurisdictions at levels lower than states?

I only hear of corporations being formed under the jurisdiction of a state. Actually, they seem to come into existence when they are listed in a registry of a state, district, or territorial ...
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U.S. Jurisdiction over Virgin Islands

Some have argued that Jeffrey Epstein shouldn't have been prosecuted in the U.S. because he committed his crimes in the U.S. Virgin Islands. However, the U.S. Virgin Islands constitute a U.S. ...
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3answers
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Once a judge (NJ) has ruled for a change of venue (to FL) can you appeal? Or other?

I worked remotely in NJ as a worker/independent contractor for a company based in FL. I filed a complaint in NJ (commissions owed). They filed a motion for dismissal and change of venue to FL. The ...
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What authority does a US state use to tax former residents?

Some US states such as California and New York go to great lengths to keep former residents part of their tax base. As an example, New York continues to consider an individual to be domiciled in NY ...
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Why can't I add a governing law to my terms of service to avoid GDPR?

I've heard from fairly reliable sources that you can't avoid GDPR by using your website's terms of service as way to circumvent that law. From what I have seen online, if your website serves European ...
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2answers
245 views

What is the legal procedure for suing to void a contract for non-performance?

Sometimes a person might have a contract that they wish to void because the other party is not performing on their end of the contract. Generally it is the person who is paying money who wants to void ...
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1answer
114 views

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 ...
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1answer
60 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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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
73 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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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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133 views

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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220 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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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 personal ...
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132 views

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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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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667 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
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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
121 views

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
114 views

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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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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116 views

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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1answer
102 views

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
458 views

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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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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870 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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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
252 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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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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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 ...