Questions tagged [jurisdiction]
For questions concerning whether a body has the power to make a legal decision on a particular matter.
149
questions
2
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73 views
Can the US Supreme Court's appellate jurisdiction over cases in which it has original jurisdiction be limited?
According to the US Constitution, the US Supreme Court has original jurisdiction in "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party&...
2
votes
1answer
35 views
What state or country can have criminal or civil proceedings?
The hypothetical scenario below occurs in the United States.
Suppose I live in State A, but am on vacation to State B. While on vacation, suppose someone living in State C, but currently in State D, ...
1
vote
1answer
87 views
Suppose Eviction bans are struck down
Suppose the Supreme Court strikes down both the CDC's eviction ban
and all local bans.
What happens if local governments ignore the Supreme Court and still refuse to evict? Can individual sheriffs, ...
2
votes
1answer
64 views
If the state is involved in a civil matter, can it use its criminal evidentiary powers against the other party?
I will preface this question by say I am a total layperson when it comes to the law so forgive me if I mix up ideas here. This question is based on the recent news that the EU is suing AstraZeneca for ...
1
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1answer
79 views
Local vs. State vs Sheriff police cruisers
I saw a sheriff's police cruiser having pulled someone over (North Carolina). It got me wondering. What defines the boundaries for each of state, local, and sheriff's jurisdictions?
An example that ...
0
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1answer
27 views
Instituting a suit in another jurisdiction
Can I institute a lawsuit in the US where both parties live, but for a contract of sale of real estate signed in a foreign country by representatives of the parties living in the U.S.?
1
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0answers
38 views
Can state officials demand I-9s from a company?
I have a state official asking me copies of I-9 forms for my former employees.
Does a state official have the legal authority to demand federal documents such as I-9s from businesses in the state?
2
votes
1answer
64 views
Constitutional Law in the absence of service-process
Can a Federal Judge make findings that substantially affects the property interests of third persons who are not and never were before the court {no action commenced against them, and no process) ...
26
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3answers
4k views
Resume Writer asks: Who owns the copyright - me or my client?
I'm a professional resume writer (among other things). Clients regularly pay me to completely overhaul their resumes. Over the years I've amassed a large collection of well-written resumes. I would ...
2
votes
1answer
102 views
What law applies in the case of a theft at a Border Patrol checkpoint? Who can make an arrest?
Travelers A and B are waiting in line at a border patrol checkpoint, when traveler B attempts to steal something of traveler A's. Can a Border Patrol officer intervene, or would they have to summon a ...
1
vote
1answer
128 views
If a person commits assault in Mexico and not charged in Mexico, can he or she be charged here in the U.S.?
A man assaulted a woman while in Mexico. She did not press charges there and they returned to the U.S. Can she press charges against him in this country for something he did in Mexico?
18
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2answers
4k views
Does Texas have standing to litigate against other States' election results?
https://abcnews.go.com/Politics/states-blast-texas-bid-overturn-election-seditious-abuse/story?id=74656637
What standing is required (if any) for an entity (person, corporation, state, etc.) to ...
0
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1answer
47 views
Circuit court misquotes supreme court: what precedent does district court follow?
In United States v. Bowman (1922), the Supreme Court ruled that the presumption against the extraterritorial application of a statute does not apply to statutes that are "not logically dependent ...
1
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0answers
27 views
How can an app company determine the validity of legal requests for user data from various countries?
Context
Suppose the following example (but I'd be grateful for clarifying comments and exceptions that make the rule):
An app named Twombly is made by a company registered in the United Kingdom.
Users ...
1
vote
1answer
45 views
Jurisdiction Over A Crime Committed In An Airplane Flying Over U.S. States
If a woman assaults another passenger while on a plane flying over the continental United States, which courts have jurisdiction to prosecute a criminal case against her?
(This question comes up in ...
3
votes
2answers
49 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 ...
1
vote
2answers
65 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,...
1
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1answer
70 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 ...
2
votes
1answer
44 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'...
0
votes
1answer
87 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 ...
4
votes
1answer
60 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 ...
2
votes
2answers
188 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 ...
-1
votes
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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votes
1answer
88 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+...
1
vote
1answer
110 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 ...
2
votes
1answer
234 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 - ...
0
votes
1answer
19 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 ...
3
votes
2answers
83 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 ...
0
votes
2answers
139 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 ...
1
vote
1answer
47 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 ...
1
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0answers
65 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 ...
0
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0answers
34 views
What is meant by Capacity to Perform Juristic Acts
What is the difference between Capacity to Act and Legal Capacity?
1
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1answer
59 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
91 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?
0
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0answers
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 ...
1
vote
2answers
83 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 ...
0
votes
2answers
100 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 ...
2
votes
1answer
157 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 ...
0
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0answers
54 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? ...
1
vote
1answer
97 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 ...
1
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1answer
105 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....
1
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1answer
56 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 ...
2
votes
1answer
93 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 ...
5
votes
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. ...
0
votes
3answers
74 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 ...
1
vote
1answer
103 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 ...
14
votes
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 ...
1
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2answers
294 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 ...
2
votes
1answer
120 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
votes
1answer
61 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 ...
