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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26
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3answers
4k views

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 ...
19
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4answers
12k views

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. ...
18
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2answers
4k views

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 ...
15
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4answers
2k views

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. ...
14
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3answers
2k views

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 ...
14
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3answers
3k views

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 ...
14
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1answer
1k views

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 ...
13
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2answers
7k views

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 ...
12
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3answers
3k views

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 ...
12
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2answers
383 views

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 ...
10
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2answers
1k views

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?
10
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1answer
321 views

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 ...
8
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2answers
785 views

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 ...
7
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2answers
1k views

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 ...
7
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1answer
291 views

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....
6
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2answers
515 views

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 ...
6
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1answer
240 views

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 ...
6
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1answer
596 views

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 ...
5
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5answers
1k views

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 ...
5
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2answers
1k views

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?
5
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1answer
2k views

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. ...
5
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4answers
354 views

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,...
5
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2answers
975 views

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 ...
5
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1answer
540 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 ...
5
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2answers
376 views

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 ...
5
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1answer
185 views

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 ...
4
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2answers
353 views

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 ...
4
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3answers
179 views

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 ...
4
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2answers
1k views

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 ...
4
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1answer
887 views

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 ...
4
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1answer
227 views

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 ...
4
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4answers
5k views

Public exposure/indecency: how do porno companies get away with it?

I hate to ask, but with all the disgusting porn out there how is it legal that some is filmed in public? For example, in Eastern countries such as Hungary do they not have indecent exposure/public ...
4
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1answer
62 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 ...
3
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1answer
301 views

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 ...
3
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2answers
260 views

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 ...
3
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1answer
264 views

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 ...
3
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1answer
896 views

In Canada, is there a difference between province and territory?

As it goes, Canada is a country in North America, consisting of 10 provinces and 3 territories. Are there any legally significant differences between being a province compared to a territory? Do all ...
3
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2answers
49 views

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 ...
3
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1answer
331 views

Can a person outside the US, who is affected by a product in a US class action, join the class case?

This question is motivated by a class action suit in the US, against a US manufacturer who sells their products worldwide. The product is alleged faulty, and a class action suit has been filed in the ...
3
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2answers
188 views

Can a court rule on a contract created by laws outside its jurisdiction?

Suppose a contractual obligation is formed under EU law (e.g., by consumer protection laws). Now suppose that the parties to that contract (a buyer and a vendor or manufacturer) have agents in a non-...
3
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1answer
97 views

Can states legitimately enact immigration law or policy that is contrary to federal immigration law?

Federal Immigration and Nationality Act Section 8 USC 1324(a)(1)(A)(iv)(b)(iii) says Any person who encourages or induces an alien to reside in the United States, knowing or in reckless disregard ...
3
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1answer
2k views

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 ...
3
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1answer
813 views

Proper jurisdiction for injunctive relief not involving a monetary claim in Boston

I am trying to figure out the proper venue for petitioning a civil injunction, a complicated problem in Boston. The pleading is for a mandatory injunction against the directors of a corporation ...
3
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2answers
1k views

How can two separate federal judges rule on the same question at basically the same time?

In relation to Trump's executive orders, both the first version and the new watered down one, it seems that two (or more) separate judges were asked to rule on its constitutionality. How can this be ...
3
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1answer
3k views

Who has jurisdiction over civilian crimes on a US military base overseas?

A friend of mine works for the US military, and their family was living on a base in an allied nation. While they were there, a person known to them did some terrible things to their family, the kind ...
3
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1answer
257 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 - ...
3
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2answers
89 views

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 ...
3
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1answer
152 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 ...
3
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2answers
3k views

Jurisdiction of Texas Rangers in Louisiana?

I understand that Texas Rangers are responsible for killing Bonnie& Clyde in North Louisiana. Is it lawful for a Texas Police Agent to engage a citizen in New York City?
2
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3answers
225 views

What to do if the defendant failed to follow the court order and send documents to other party

I started a claim against a photography company that failed to attend our engagement party and refused to pay us back. Last week I received a letter from the court saying that our claim is allocated ...