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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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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142 views
Can the TSA still give you a pat down even if you change your mind about flying?
I recently discovered that the TSA will pull you aside and inform you that they have to give you a full pat down for failing to empty everything out of your pants pockets before going through the ...
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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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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
69 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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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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Can A person get a CPS case transffered to another county in Mississippi
If joint custody is involved and the 2 parents live in 2 separate counties can you get a CPS case transferred a case to another county. If the accused violation happened in one county, the case is in ...
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206 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
109 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
49 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
73 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 ...
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1answer
65 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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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
197 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
55 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
117 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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2answers
643 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
45 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
108 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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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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102 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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0answers
41 views
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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91 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
366 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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0answers
52 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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2answers
763 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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164 views
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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242 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
60 views
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
74 views
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
42 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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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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271 views
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
2k 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
45 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
301 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
315 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
201 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
53 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
161 views
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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5k views
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.
...
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1answer
284 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 ...
