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
109 views

Whose jurisdiction if some (corrupt?) cops use Police Car Vanity Plates abusing my blog's speech/ideas, experimenting licence plates w/ my writing?

TL;Dr: Whose jurisdiction goes from reading my blog content to repeating my blog in form of a copcar's licence/vanity plate when I go to 7/11? At what point can that be considered an attack on me/my ...
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2answers
43 views

Do any countries have effective policies that bolster common convention and the rule of law itself?

In the United States, we have a problem where a certain individual continues to flout long-held common convention, safeguards against autocratization, and even several very old and cherished laws that ...
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42 views

What is the difference between juridiction and law in a specific region?

The Wikipedia page of jurisdiction does not help me much to comprehend the concept. In my understanding it basically "law in specific region". I understand the concept is much more than that,...
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1answer
63 views

Contradicting laws

If one law is valid in one jurisdiction say country A Wich says you must use digital currency on Sundays and another law opposing that law is there in another jurdiction say country B which say you ...
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1answer
31 views

Does city municipal code apply to the towns that are part of it in New York?

I was reading the Towing Municipal Code for the City of Rochester (New York, USA) and was curious if the municipal code applied to my jurisdiction. Specifically I reside in the Town of Henrietta and I'...
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1answer
83 views

Does any legislature purport to legislate for everybody?

Is there any legislator or legislature that has regarded its laws as being of universal application? It is said in Wikipedia that the Emperor Qianlong was like this, and worked on the 'assumption of ...
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1answer
52 views

Do US coastal waters belong to specific states?

Do US coastal waters belong to the state adjacent to those waters? Ditto for the county, the city, and the school district. Here are some examples; assume for each of them that I am moored in Pacific ...
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2answers
138 views

Can an American sue their own state directly in the federal Supreme Court?

According to Article III, Section 2 of the constitution, The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties ...
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1answer
33 views

Who has the jurisdiction over sushant singh case?

Sushant Singh was found to be dead in Mumbai. But after 1.5 months his dad filed an FIR in Patna now Mumbai police is asking to transfer the FIR in mumbai and let mumbai police investigate this issue. ...
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1answer
82 views

What Relevance Does Litigation Misconduct Have In Custody Cases? Does The PKPA Play A Role?

I'm having trouble understanding how the parental kidnapping prevention act works. There is a case where a lawyer coordinated with a family member to file falsified domestic violence (assault) then 14+...
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1answer
93 views

Original work or derivative work if published posthumously and never previously registered?

I'm trying to determine how a literary work should be registered -- as a derivative work with two authors, or as a derivative work with me as claimant and author? Or neither? Details: My mother wrote ...
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1answer
122 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
17 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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2answers
68 views

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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2answers
130 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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0answers
64 views

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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28 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
56 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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1answer
81 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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42 views

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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2answers
74 views

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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2answers
81 views

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
135 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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0answers
46 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
87 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
95 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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1answer
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
90 views

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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1answer
2k views

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
71 views

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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1answer
79 views

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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3answers
2k views

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
261 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
115 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 ...
2
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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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2answers
44 views

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
149 views

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 ...
2
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1answer
79 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
1k views

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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143 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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1answer
222 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
68 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 personal ...
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1answer
138 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
58 views

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
3k views

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
669 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
47 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
127 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
118 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 ...