Questions tagged [jurisdiction]
For questions concerning whether a body has the power to make a legal decision on a particular matter. **NOT TO BE CONFUSED WITH "GEOGRAPHIC" JURISDICTIONS** e.g. country, province, state, principality etc
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Which jurisdiction applies to copyright violations on the internet?
A person residing in country A takes a work by an artist in country B and puts it onto a website they own but which is hosted in country C which is intended for an audience of people in country D.
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What jurisdictions could a crime committed in an internet chat room fall under?
This arose from an actual conversation in chat. The question was originally posed by Doorknob.
Let's say that someone denied the Holocaust in a message posted in a Stack Exchange chat room. This is a ...
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Can I be tried for something that's a crime in another state?
Florida Criminal Code 893.13(2)(a) says that
Except as authorized by this chapter and chapter 499, a person may not
purchase, or possess with intent to purchase, a controlled substance.
and if I ...
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Which state has jurisdiction in a case of a murder in an airplane?
A murder happened in an airplane flying from country A to country B when crossing above country C.
Who will have jurisdiction?
Bonus question: What if countries A, B and C are members of the ...
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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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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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Can a single act by tried as different crimes (or different versions of the same crime) in different jurisdictions, to bypass double jeopardy?
Sparked by this comment:
@Raven That is impossible. The crimes at the state and federal level are ?different crimes, enacted by different sovereigns and punishing offenses against different ...
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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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How long an arm does the U.S. have against foreign "violators" of U.S. law outside the U.S.?
Suppose there is a foreign manufacturer who observes say, anti-pollution laws in his home country, but engages in practices that would be clearly illegal under U.S. environmental laws. Suppose the ...
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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 state court. The case was moved to a NJ federal court, and then transferred to a FLA federal court (after a ...
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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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If you commit a crime on the border of two different countries, which will you be charged in?
If you commit a crime on the border of two different countries*, which will you be charged in?
In addition, for the sake of argument:
Both countries want to separately trial the criminal
The ...
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is after the fact consent ever possible or a defence? [closed]
Are there any Jurisdictions around the world that allow for consent to be after the fact ? or is there defences that allow for consent obtained after an act to be a defence (as in the accuser or ...
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Limits of navy jurisdiction/authority in international waters
Once and then I read news about US navy stopping, searching and even sinking commercial vessels flowing non-US ensign (most recently Iranian). Sometimes news regard navy vessels not conforming to ...
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Does the NI Police have any powers in the Republic of Ireland?
I imagine that if they do, then they would be significantly limited compared with what is enjoyed in their native NI, but are there any limited powers? For example interstate “hot pursuit” type ...
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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 ...
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In the USA what state's laws do I have to abide by when rafting on a river boundary?
Lets say I'm rafting in a river that marks the boundary between state A and B. While in said river I perform an action legal in state A but not in state B. I want to know if I broke the law.
How do ...
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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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Which jurisdiction applies in a vessel?
Consider an aircraft registered in country A. On a flight operated by an airliner based in country B, it carries passengers on a flight from country X to country Y. The flight path overflies airspace ...
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Is it true that common law courts will not resolve a question without a controversy?
Is it true that common law courts will not resolve a question without a controversy and will not give governments pre-emptive advice on the legality of laws or regulations?
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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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Does San Francisco and California law have jurisdiction in the Presidio of San Francisco?
The Presidio is rumoured to be federal land, and I'm wondering how that affects what law is applicable there. Does California law have any effect there?
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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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Is the illegality of an action constrained to a country?
John is a citizen of country X. Doing action A is illegal in his country.
He travels to country Y where action A is legal (officially legal, that is codified as being legal, not merely tolerated) and ...
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Breaking Laws in Different Jurisdictions
I am a citizen of the United States of America. As such, it is illegal for me to--to take an extreme example--murder. However, say I am going on vacation to a little nation where it is not illegal to ...
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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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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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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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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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What is the difference between the seat theory and the incorporation theory?
In corporate law, what is the difference between the seat theory and the incorporation theory? Where do I find the list of countries (jurisdictions) adhering to each?
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On the legality of stopping a foreign ship and seizing goods [duplicate]
I read today that in the Gulf of Oman, in international waters, a small Iranian ship was detected by the US Navy. The Americans assumed that it transported weapons to Yemen and contacted the British ...
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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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Does a county court circuit judge’s decision in Birmingham bind a district judge in London?
They are more senior but in a different region of the English “county court.”
So how does this work?
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Which state telemarketing laws apply to interstate calls?
Base question:
Suppose a telemarketer in State T calls a consumer who is a resident of, has a phone number associated with, and is physically present in, State C. In addition to federal law applying, ...
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