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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45 views

If a person commits assault in Mexico and not charged in Mexico, can he or she be charged here in the U.S.?

A man assaulted a woman while in Mexico. She did not press charges there and they returned to the U.S. Can she press charges against him in this country for something he did in Mexico?
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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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43 views

Circuit court misquotes supreme court: what precedent does district court follow?

In United States v. Bowman (1922), the Supreme Court ruled that the presumption against the extraterritorial application of a statute does not apply to statutes that are "not logically dependent ...
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How can an app company determine the validity of legal requests for user data from various countries?

Context Suppose the following example (but I'd be grateful for clarifying comments and exceptions that make the rule): An app named Twombly is made by a company registered in the United Kingdom. Users ...
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1answer
40 views

Jurisdiction Over A Crime Committed In An Airplane Flying Over U.S. States

If a woman assaults another passenger while on a plane flying over the continental United States, which courts have jurisdiction to prosecute a criminal case against her? (This question comes up in ...
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2answers
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Do any countries have effective policies that bolster common convention and the rule of law itself?

In the United States, we have a problem where a certain individual continues to flout long-held common convention, safeguards against autocratization, and even several very old and cherished laws that ...
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45 views

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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67 views

Contradicting laws

If one law is valid in one jurisdiction say country A Wich says you must use digital currency on Sundays and another law opposing that law is there in another jurdiction say country B which say you ...
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1answer
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Does city municipal code apply to the towns that are part of it in New York?

I was reading the Towing Municipal Code for the City of Rochester (New York, USA) and was curious if the municipal code applied to my jurisdiction. Specifically I reside in the Town of Henrietta and I'...
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1answer
84 views

Does any legislature purport to legislate for everybody?

Is there any legislator or legislature that has regarded its laws as being of universal application? It is said in Wikipedia that the Emperor Qianlong was like this, and worked on the 'assumption of ...
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1answer
52 views

Do US coastal waters belong to specific states?

Do US coastal waters belong to the state adjacent to those waters? Ditto for the county, the city, and the school district. Here are some examples; assume for each of them that I am moored in Pacific ...
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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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Who has the jurisdiction over sushant singh case?

Sushant Singh was found to be dead in Mumbai. But after 1.5 months his dad filed an FIR in Patna now Mumbai police is asking to transfer the FIR in mumbai and let mumbai police investigate this issue. ...
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What Relevance Does Litigation Misconduct Have In Custody Cases? Does The PKPA Play A Role?

I'm having trouble understanding how the parental kidnapping prevention act works. There is a case where a lawyer coordinated with a family member to file falsified domestic violence (assault) then 14+...
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1answer
96 views

Original work or derivative work if published posthumously and never previously registered?

I'm trying to determine how a literary work should be registered -- as a derivative work with two authors, or as a derivative work with me as claimant and author? Or neither? Details: My mother wrote ...
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147 views

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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17 views

Jurisdiction for international contracts where it is unspecified in a contract clause

Assuming a contract doesn't have a clause specifying jurisdiction how is jurisdiction decided. I am talking about international contracts and which country's laws would govern the contract. So to ...
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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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131 views

Does the ATF have jurisdiction to prohibit gun sales to marijuana users when the marijuana used is not subject to federal jurisdiction?

Does the ATF have jurisdiction to prohibit gun sales to marijuana users when the marijuana used is not subject to federal jurisdiction? https://www.law.cornell.edu/wex/commerce_clause If the ...
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The “focus” of a statute (RJR Nabisco v. European Community)

In the US Supreme Court's decision in RJR Nabisco v. European Community, the court utilizes a two-step framework for analyzing matters of extraterritoriality. In the second step of this framework, the ...
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Can the trial court's jurisdiction over new trial motion be extended by itself on the basis the court “tolled statutory time limit” due to COVID-19?

This is a family court DV case in CA, which a trial was held and both parties prevailed in prosecution but failed in defense. After the trial, a party timely filed a new trial motion seeking a new ...
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What is meant by Capacity to Perform Juristic Acts

What is the difference between Capacity to Act and Legal Capacity?
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Does a U.S. District judge's decision set binding horizontal precedent in the same district?

Suppose a U.S. district judge in, say, the Southern district of New York writes a decision regarding some legal procedure. Can a different U.S. district judge in the same district write a ...
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82 views

Is the moon terra nullius, or do there exist property rights to the moon?

Is the moon terra nullius or do any property rights exist for it in any shape or form?
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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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Can Australians Accept The Ritchey Permissive License?

According to this post, in Australia you cannot disclaim all warranties. The Ritchey Permissive License does ("The material is provided without warranties of any kind"), but it also states "You must ...
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What is the intent and limit of case law?

What is the purpose, intent, scope, authority and/or limitations of case law? Does case law have limitations? Can case law create procedural rules, civil and/or criminal? Can procedural rules be ...
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141 views

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 court. The case was then transferred to FLA (after a motion to do so was accepted). If they have recorded ...
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48 views

Interview before court date

If you have gotten a court date for a civil case by the labor tribunal (violation of contract clause), is it normal to have some interview session asking for necessary documents before the court date? ...
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1answer
90 views

Sued outside a country

What happens when you get sued for civil matters such as breaching employment contract in one country, after you have already left to another country for good? What is the general protocol for these ...
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96 views

How does a company, with a multinational presence, establish the correct Jurisdiction to work within?

For the purpose of this question, let's assume an eCommerce company has the following profile: Registration Location: London; Distribution and Manufacturing: London; Domain Name: www.example.co....
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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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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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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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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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264 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
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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
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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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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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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
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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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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 personal ...
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144 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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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 ...