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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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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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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Do ROI police have any powers in Ulster? [duplicate]
Do the Republic of Ireland’s police forces have any power in U.K. territory in Northern Ireland? Or do their powers simply cease to have effect when they exceed ROI territories?
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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 it legal to 3D scan anything and how are 'shapes' protected?
I'm surprised there are almost no questions on this site about 3D scanning and its legal implications on patents, copyrights, whatever laws or regulation apply on it.
As of 2023, 3D printing is ...
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extraterritorial jurisdiction of Europe
I have a question about the extraterritoriality of European laws. Let’s assume the following situation: a person who is not an EU citizen, is a citizen of a country in which viewing and storing child ...
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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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What rules determine jurisdiction on the internet?
It is in the news that Clearview AI has won an appeal against the UK Information Commissioner's Office (ICO). The reasons for judgment are here: Clearview AI Inc v The Information Commissioner [2023] ...
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Can authorities pursue you across state lines for something that's illegal in their state but legal in the other state?
As an example, in Arizona, one is free to own many types of firearms without a license, whereas such things are heavily restricted in California.
The cops in California receive video evidence of Bob ...
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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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Which countries law applies in online defamation?
Let's say Person A who lives in Germany writes defamatory statements on Twitter, incorporated in the US, about Person B who lives in Thailand.
Person B suffers damage abroad as a result of the Tweets. ...
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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 ...
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Why can Dutch police order Binance to freeze funds of Colombian customers?
In short, Dutch police ordered Binance (cryptocurrency exchange) to freeze funds of some Colombian customers, and those customers are supposed to prove - to the satisfaction of Dutch police - that ...
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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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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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In which state does a corporate firm file for bankruptcy?
Consider a corporate firm that is operating in Miami (e.g., leases office space, meet clients, do the actual work).
Suppose this firm's headquarter is in New York City.
But, it is incorporated in the ...
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Double Jeopardy in the UK for crime committed abroad
This question is about Double Jeopardy in the United Kingdom, focusing on the England and Wales jurisdiction.
Pretend the defendant commits a sexual crime in Spain, where one of the following happens:
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Do messages exchanged between students during a virtual class count as "Off-Campus Speech"?
I am the IT manager of a high school. I setup an online conference system during the height of the pandemic so that classes could be conducted virtually. We still sometimes switch to virtual classes ...
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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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Restrictions on incorporating a limited liability company abroad?
Let's suppose that a country (A) adheres to the incorporation theory. Could it be, that founding a (limited liability) company in another incorporation theory country (B) by a resident of A, and ...
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Jurisdictional Question
Imagine that something is legal in 49 states but illegal in Virginia. For example, imagine if Virginia was the only state to recognize publicity rights.
Which of the following situations would be ...
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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 legal arguments could the defense use to stop a State racketeering case against an individual based on them being elected president?
If an individual in the US is indicted on state racketeering charges (e.g. Georgia) and they are later elected as US president, what legal arguments could be made in court by the defense to stop or at ...
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In what forum would Iran sue Pakistan for damages?
According to reports, Iran may claim $18 billion in damages from Pakistan for an unfinished pipeline if Pakistan does not complete its part of it as agreed. What forum would such a claim take place in?...
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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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Could SCOTUS ban the pointing of guns at jurors?
With the Rittenhouse fiasco were a prosecutor pointed an assault rifle at jurors. Could SCOTUS give guidance as to how the issue of fire arms in the court room should be handled? And more specifically ...
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In which states can an out of state company be sued in small claims court?
In the U.S., where can a company be sued in small claims court for a breach of contract and fraudulent billing, when the plaintiff resides in one U.S. state, the company's headquarters and place of ...
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What laws define resident and employee rights and protections on federal land, esp. administered by the National Park Service?
How do you look up which laws apply to people who live, work, operate businesses, etc., on a particular parcel of U.S. federal land, especially on land administered by the National Park Service?
How ...
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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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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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What determines the valid jurisdiction for a subpoena for written information collected by a 3rd party who has connections to multiple jurisdictions?
Which of the following affect the valid jurisdiction:
The location of the collecting party?
What if the party (resides/does business/practices/is licensed) in more than one state?
The location ...
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Do anti discrimination laws bind overseas service providers when the victims of their discrimination are in the jurisdiction of the law?
Bob lives in Birmingham or perhaps Madrid. He joins an online club operated by an overseas entity based in Peru, or perhaps Chicago.
They incidentally find out that he is black and promptly cancel his ...
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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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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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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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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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Do any other consumer rights laws have extraterritorial applicability to international organisations that cater to British or European customers?
The GDPR purports to bind any organisation, wheresoever it may be based, that serves individuals based in the EU, or (as the case may be) the UK.
The GDPR governs the obligations of organisations and ...
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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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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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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 connections do different locations of county court in Greater London area have with one another? [duplicate]
Do county courts throughout the London area share any closer of a connection than do a county court in Bristol and one in York?
And how do they all bind each other?
It has been said in past answers ...
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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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How do lower level (county or magistrates) courts in the City of London differ in their jurisdictions from those in the surrounding boroughs?
Because the City of London has certain aspects of municipal autonomy, are there restrictions on their equivalence with the rest of the county or magistrate court system? In general any county court ...
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Statute of limitations in the USA
I was reading this interesting article by Bruce Schneier, where he explains how a notorious hacker called Kevin Mitnick "hacked" California Law in 1983 by researching the statute of ...
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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 authority grants the US to extradite and Charge Non US citizens for violating US sanctions?
Context: https://www.bbc.com/news/world-us-canada-54270739
What dominion does the United States have regarding the enforcement of sanctions? Can the US impose extradition of foreign nationals like Ms....
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Minimum sentence for Mutual Legal Assistance Treaty (MLAT) request
I was told by a friend studying Law, that for a country to submit a Mutual Legal Assistance Treaty (MLAT) request there would be certain criteria that must first be met. If they are not met, the MLAT ...
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Which country has jurisdiction over copyright violations?
If an individual registers an LLC or S Corp in a country with lenient copyright laws and lives in a country that takes copyright more seriously, which country has jurisdiction over that individual - ...
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How to know if a contract is enforceable or "void"?
I read, for example, that specific cryptographic smart contracts are "not enforceable" in the legal context of them, and I understand that an agreement or a contract between parties that ...
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