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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Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?
In Westenbroek v. Kappa Kappa Gamma Fraternity (2023), filed in the Wyoming District of U.S. court, the plaintiffs are seven women, members of Kappa Kappa Gamma sorority at University of Wyoming, ...
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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 ...
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Can teachers search our dorms without our explicit consent if they have "suspicion"?
I am a girl attending a boarding high school in the US. In June, some students who returned to the dorm early saw some male teachers exiting their rooms. They reportedly ran back to the school ...
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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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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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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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To what extent are England and Wales one completely wedded jurisdiction?
Are there any legal provisions that apply only to England or only to Wales but not respectively to the other? Why are they so closely associated with each other as to have just one tag on the site, ...
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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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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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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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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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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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What jurisdiction does an IP address fall under?
What is an IP Address?
An Internet Protocol address (IP address) is a numerical label
assigned to each device (e.g., computer, printer) participating in a
computer network that uses the ...
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Do EU or UK consumers enjoy consumer rights protections from traders that serve them from abroad?
Bob lives in Manchester, or alternatively in Lyon. He purchases a product or service from a vendor in the USA, or perhaps Timbuktu.
Do European or British consumer rights legislations bind the ...
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Practicing Law without a License over the Internet
John Smith is a US citizen who is ordinarily a resident of California who is not and never has been admitted to the bar in any jurisdiction. He is travelling in the UK, and gives legal advice on ...
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What happens if Federal Courts contradict each other?
Regarding the recent travel ban, federal judges in Hawaii and Maryland both ruled against the ban.
What would have happened if one of those judges ruled against the ban and the other did not?
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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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Jurisdiction over FDA
What exactly grants Federal courts jurisdiction / authority over the FDA, such that they can invalidate approval of pharmaceuticals?
This article prompts the question:
https://abcnews.go.com/Health/...
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Does the European Commission have jurisdiction in the U.S.?
When U.S. corporations want to merge or are subject to acquisitions (for example Oracle acquiring Sun Microsystems in 2009) it seems they must seek approval from the European Commission --- which is ...
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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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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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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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Why was the Dominion v. Fox case tried in Delaware?
As reported, Fox News is sued in the Delaware courts by Dominion.
What determines which state(s) the Dominion v. Fox case is tried?
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Minimum penalty for extradition makes no sense?
I have been looking into extradition law, focusing on the United Kingdom (England and Wales jurisdiction) wanting to extradite an individual back from a country abroad.
There are many factors to ...
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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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Could someone who participated in a legal execution in the USA be arrested for murder in France?
According to Wikipedia France is the most visited country in the world. At the same time, the USA is still practicing the death penalty. For example, 28 people were executed in 2015. For each ...
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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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Floating drug laboratory in international waters
This morning I read about Hongkongers being charged for operating a floating drug laboratory in front of the Phillipines coast. What would be the legal grounds for this operation in case these ...
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Governing law clauses with parties in different countries
If I am in the United States, and I agree to a contract stating that both parties agree to submit to the exclusive jurisdiction of a court in a foreign country, can I be compelled to appear in that ...
6
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If a murder was committed in Antarctica and it was unclear who did it, who would investigate?
If a murder were committed in Antarctica and it was unclear who did it, what country/agency would investigate? And, if the guilty party were identified, who (if anyone) would have the authority to ...
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Does EU consumer law apply on products purchased in the EU but used abroad?
A product (computer) was purchased in a EU country, from a EU retailer, by a EU citizen, and paid for from a EU bank account, but is currently being used outside the EU (in Asia) because the owner is ...
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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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On the legality of seizing narco yachts
Allegedly, in February 2007, some 100 nautical miles northeast of the Madeira Archipelago, Portuguese frogmen boarded the Spanish-flagged yacht Blaus VII and found 3 Greek sailors and 1500 kilograms ...
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Labor law: which state's law applies when firm has multiple locations?
I work at a firm in Massachusetts (USA) which was acquired in 2012 by a firm in Ohio. I came on board after the acquisition.
Am I covered by Massachusetts labor law or Ohio?
The particular ...
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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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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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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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What limits a court's power to order a company or private party to do anything?
Let's take the current case of the FBI vs Apple. The FBI wants the courts to force Apple to enable the FBI to crack a previously uncrackable password.
What limits are there on any court's power to ...
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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 ...
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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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Divorce court jurisdiction: filing
Is there a uniform rule on where a spouse can file for divorce? I can see 4 possible jurisdictions:
Where the couple married
Where the filing spouse lives
Where the non-filing spouse lives, if ...
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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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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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'Homicide by words' hypothetical - First Amendment and jurisdictional questions
This hypothetical is based on the ongoing prosecution of Mandie Reusch.
Mr Y lives in Nevada, and Ms X lives in Wyoming. Ms X also suffers from depression and PTSD. They still speak to each other, and ...
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In the US, can a senator get a prisoner out?
In the latest TV series Scandal episode, "Get Out of Jail, Free", Olivia asks Mellie, a senator from Virginia, to release a prisoner imprisoned in Virginia, assuring that this is within her powers. I ...
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Can the US House compel a state prosecutor to provide documents about an upcoming state court case?
The US House Judiciary Committee, Oversight Committee, and Administration Committee all sent a letter to Alvin Bragg, the current New York County District Attorney overseeing the New York "Hush ...
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Does the US judicial system treat the constitution differently to any other law?
In france, there's a thing called the law-screen theory which states that a judge only applies the law, and not the constitution. If someone says they're being tried unconstitutionally, they can claim ...
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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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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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Does an MLAT request have an age limit?
Having recently found out about Mutual Legal Assistance Treaty (MLAT) requests, I had some questions that I could not find on the government (gov.uk) website. I am interested in both between UK and EU ...
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