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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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-2 votes
1 answer
155 views

A tricky question about cybercrime

Let’s say I hack into a database when I’m in America, but the database servers are physically in Iran, but to complicate it even more- the company that owns the database is European. These are just ...
1 vote
1 answer
111 views

Is Baarle-Hertog/Baarle-Nassau the only case where businesses fall under multiple same-level jurisdictions because the border goes through them?

Baarle-Hertog and Baarle-Nassau are an international village on the border between Belgium and the Netherlands where a store literally can be located in 2 countries at once: a Belgian part and a Dutch ...
4 votes
1 answer
152 views

Texas HB 1181: How does jurisdiction work?

Texas HB 1181 requires commercial sites that serve more than 1/3 of their content as porn to verify users from Texas prior to serving them explicit material or face civil penalties. Can someone please ...
9 votes
4 answers
4k views

Why are the Lion Air and Ethiopian Airlines crashes being litigated in the US?

The current news is about the breach of Boeing's agreement with the US Justice Department which would otherwise grant them protection against criminal charges relating to the Lion Air and Ethiopian ...
15 votes
3 answers
5k views

Does a US city have the legal power to stop spam mail?

I live in a small apartment building that gets an onslaught of spam mail. Endless offers and coupon newspapers, etc all addressed to "To the resident of so and so". I, as a concerned and ...
3 votes
3 answers
2k views

Does a WIPO patent supersede a US patent?

If a United States utility patent has expired but a virtually identical World Intellectual Property Organization patent is still in effect, would the WIPO patent prevent any US manufacturers from ...
0 votes
1 answer
100 views

Are the final stages of a product’s lifecycle protected by patent?

This is a follow up to this question: International patents Consider the following stages of a product’s lifecycle: Manufacture Sales Import/export Use End of life/disposal It is presumed that in a ...
3 votes
1 answer
115 views

Does Spain have extraterritorial jurisdiction?

Does Spain have extraterritorial jurisdiction for any crimes? The extraterritorial jurisdiction in Spain could be for: Crimes committed by a Spanish national abroad. Crimes committed by a guest ...
1 vote
1 answer
71 views

Jurisdiction of the Scottish criminal courts (multi-jurisdictional case)

Recently, the Hate Crime and Public Order (Scotland) Act 2021 came into force. The author, J. K. Rowling, on X (formerly known as Twitter), asked the police to arrest her if she had violated the law. ...
0 votes
0 answers
52 views

Can you be prosecuted for doing something legal abroad (but that is considered illegal in your home country)? [duplicate]

Let's say you are a U.S. citizen and you go to Country X for vacation (or more specifically, with the intent to commit that crime abroad - in case that makes any difference). In Country X, it is legal ...
1 vote
1 answer
95 views

Are there major advantages to choosing personal injury lawyer from the car accident city?

If a car accident occurs in city X is there major reason to choose a personal injury lawyer from X? Or is it sufficient to be from the same state?
4 votes
3 answers
991 views

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 ...
1 vote
1 answer
60 views

What state does a web hosting service get sued in?

Bob uses a web hosting service. He has a dispute over a bill and did not get a customer service solution. Bob wants to take the web hosting service to small claims. The terms of service state: This ...
9 votes
3 answers
4k views

Why do corporate mergers require the approval of foreign governments?

Design fail: Adobe and Figma call off their merger as antitrust scrutiny intensifies But surprisingly not from American regulators, but from EU regulators. I also sometimes hear similar stories about ...
0 votes
1 answer
60 views

What are the territorial scopes of sections 4-5 of the Public Order Act 1986?

Sections 4, 4A & 5, Public Order Act 1986 contain offences, do they apply only to England and Wales, or do they also apply to Scotland or Northern Ireland?
0 votes
1 answer
147 views

I'd like to know if there jurisdiction in a lawsuit for debt collection when the plaintiff misidentified me in the court filing?

I am a defendant in a lawsuit. The plaintiff incorrectly named me as a resident of certain parish and state, of which, by state legal definition,I am not. Can I use this to oppose, in my answer to a ...
3 votes
2 answers
861 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 vote
1 answer
350 views

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 ...
1 vote
2 answers
400 views

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 ...
-3 votes
1 answer
157 views

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 ...
5 votes
1 answer
879 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 ...
3 votes
2 answers
188 views

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] ...
3 votes
1 answer
4k views

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 ...
7 votes
5 answers
4k views

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?
0 votes
1 answer
149 views

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. ...
1 vote
1 answer
152 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 ...
2 votes
1 answer
123 views

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 ...
5 votes
1 answer
492 views

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 ...
15 votes
3 answers
3k views

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, ...
2 votes
1 answer
131 views

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 ...
2 votes
3 answers
364 views

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: ...
1 vote
2 answers
147 views

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 ...
4 votes
1 answer
141 views

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 ...
0 votes
1 answer
21 views

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 ...
2 votes
1 answer
110 views

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 ...
1 vote
1 answer
362 views

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?
1 vote
1 answer
132 views

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 ...
1 vote
1 answer
156 views

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 ...
2 votes
1 answer
83 views

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?...
24 votes
4 answers
6k views

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 ...
-3 votes
1 answer
169 views

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 ...
3 votes
2 answers
2k views

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 ...
0 votes
0 answers
41 views

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 ...
4 votes
1 answer
384 views

'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 ...
1 vote
1 answer
167 views

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?
1 vote
3 answers
1k views

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 ...
0 votes
1 answer
53 views

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 ...
28 votes
1 answer
4k views

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, ...
9 votes
2 answers
1k views

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/...
7 votes
1 answer
4k views

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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