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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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 ...
0 votes
2 answers
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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 ...
3 votes
1 answer
135 views

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 ...
6 votes
2 answers
2k 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?
4 votes
1 answer
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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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1 answer
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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 ...
2 votes
1 answer
62 views

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 ...
6 votes
2 answers
593 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 ...
13 votes
3 answers
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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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2 answers
837 views

Can the US Supreme Court hear an appeal from State Supreme Court w/o a federal question?

Is it a matter of choice that the US Supreme Court will reject a case from a State Supreme Court that does not have a federal question or are there binding jurisdictional requirements that would ...
0 votes
1 answer
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Are there any country with laws allowing insurance buyers to cancel their insurance within 14 days?

In Indonesia, there is a rule. If you buy an insurance, after you send the money, you will get some info. Some info are written more clearly after you buy the insurance. If you don't like it, you ...
2 votes
3 answers
266 views

Are there any legal precedents regarding the enforcement of a country's laws on its citizens abroad?

I'm asking about the United States specifically but it would be valuable to hear about other countries as well. Are there legal/constitutional arguments against the application of US laws on US ...
2 votes
4 answers
459 views

Would Santa Claus at the North Pole be under the legal jurisdiction of any country?

So Santa Claus lives at the North Pole (which we'll naturally assume is at the exact location of the Earth's north pole). If someone wanted to, for instance, sue Santa for IP infringement or arrest ...
2 votes
2 answers
173 views

What happens if a piece of Literature falls within the Public Domain in one Territory but is Copyrighted within another Territory?

I am considering the use of some literature, for use on products on an e-commerce site. For the most part, the literature is classified as being in the public domain. Thus, free of copyright. For a ...
2 votes
2 answers
162 views

What is meant by 'place of first publication'?

I am currently trying to get my head around the various Laws and Regulations, surrounding Copyright and Public Domain, when it comes to Literature. My initial question opens the discussion, where ...
1 vote
2 answers
145 views

When is Pro Hac Vice an actual thing?

"I am licensed in the State of Texas and have been admitted on a pro hac vice basis for a case I am handling in Florida. I am not licensed as an attorney in Florida." This is what a lawyer wrote to ...
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1 answer
177 views

Theory: Murder in neutral waters by person without citizenship?

Theoretical question: Murder in neutral waters by person without citizenship? Will person be prosecuted? What if victim is also a person without citizenship?
2 votes
0 answers
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Can a local police officer (or local DA) charge someone with breaking a federal law?

Can a local police officer (or local DA) charge someone with breaking a federal law or can they only charge suspects with violating state laws?
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1 answer
271 views

Do complaints under the Privacy Act of 1974 need to be made in local court first?

In cases where a complaint involves a US Federal law, like the Privacy Act of 1974, does the petitioner need to file the complaint first in a local (state) court, or can the petitioner file ...
1 vote
2 answers
1k views

Immunity to prosecution vs multiple jurisdiction

Consider the following scenario: Witness (not defendant) asked to testify at a civil case at a state court. Witness takes the fifth out of nowhere, that is at a completely unexpected place in ...
3 votes
1 answer
829 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 ...
0 votes
1 answer
70 views

Jurisdictional vs appeal of right

Does an appeal of right that is not heard or briefed remain an appeal of right if dismissed and brought in front of the Supreme Court on a jurisdictional appeal. Also, on that appeal, would the brief,...
3 votes
1 answer
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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 ...
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1 answer
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Why did the Supreme Court set a 3-year time-frame? Sebelius v Auburn Regional Medical Center

In Sebelius v. Auburn Regional Medical Center, the decision was that (a) the jurisdiction really did not belong to the agency but to the legislation and so they didn't agree to there being a 180 time ...
1 vote
1 answer
411 views

Small claims court jurisdication over international employment agreement?

I am a US citizen originally residing in state S. I entered into an employment agreement with a company headquartered in country C1 (not the US), with physical offices in another country C2 and US (...
12 votes
2 answers
484 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 ...
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1 answer
1k 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 ...
14 votes
3 answers
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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 ...
3 votes
1 answer
347 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 ...
7 votes
1 answer
398 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....
3 votes
1 answer
948 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 ...
1 vote
1 answer
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Business obligations under the OECD AEI/CRS

101 governments have meanwhile signed the OECD Standard for Automatic Exchange of Financial Account Information in Tax Matters (AEI, AEoI) and have thus agreed to send information on foreign account ...
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1 answer
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What is an american crime? [closed]

My friend believes that the Amanda Knox case, for instance, is an American crime because she herself was an American. I believe what constitutes an American crime is a crime committed on US soil where ...
0 votes
1 answer
331 views

What constitutes "doing business in a jurisdiction?"

In order to be sued in a particular jurisdiction, say New York, a company must have a minimal business presence in the jurisdiction. What constitutes such a presence? Suppose the company engaged a ...
3 votes
1 answer
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 ...
2 votes
2 answers
1k views

Under which country's jurisdiction does a website fall?

My site is hosted in the US. The domain was bought from an Indian vendor, and is being developed in India by an individual. There is no registered office or anything of that sort. The site's content ...
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7 answers
4k views

Is standing required in traffic court cases when the accused raises the interest?

I have a speeding ticket court date coming up soon in NY and I don't know if there will be a prosecutor or a plaintiff or just the police officer against me. One of my main arguments will be that the ...
-1 votes
1 answer
61 views

Contract jurisdiction? - UK client purchasing from Spain

I'm a UK reg'd business looking to appoint a Spanish company to do some web development. Which legal jurisdiction would it be most normal and fair to have to contract written under? (small total ...
2 votes
1 answer
203 views

Which state's laws determine guidelines for voluntary termination of parental rights?

A couple has a child out of wedlock. The father pays child support for several years, but the mother and child live in a different state from the father/where the birth occurred. The father wishes to ...
1 vote
1 answer
164 views

Do courts have jurisdiction over online service providers from overseas?

Consider this pretty common scenario: company (or person) A, incorporated/residing in country X, provides online services all over the world. Technically, the services do not require any physical ...
0 votes
1 answer
2k views

Which court is the correct court to file a suit against a school district issues in Texas?

Would this be a county or state court, or is there some other court in which to bring a suit against a Texas school district? I believe some school districts straddle county lines, but I am not sure. ...
0 votes
1 answer
61 views

Social Services - Legal Jurisdiction of Child Abroad

Does the child care department of social services have the legal right to interviene with a child that has a legal domicile (and juristiction) from another country? For the sake of argument: Child A ...
0 votes
1 answer
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Copyright issues when making an app

This following question concerns different copyright issues. A friend of mine and myself are planning to develop an app to facilitate a role playing game. (Most of the time it is called "Werewolf", I ...
0 votes
1 answer
528 views

Are municipalities responsible for rat problems?

A friend of mine is having some problems with rats along with a handful of his neighbors. He is under the impression that the city should be coming out to get rid of them since it's a "health issue". ...
11 votes
2 answers
2k 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?
1 vote
1 answer
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Can I do a small claims suit against someone that moved out of the country

We had both agreed that the defendant would sell me a car on a given date. He then contacted me 4 days before the date to tell me that he was going to be unable to give me the car on the set date, and ...
3 votes
2 answers
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 ...
1 vote
2 answers
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Studying abroad - penalty clause

Some countries provide grants for their citizens to study abroad on the condition that the student will return to work in the country after graduation. For example, the Thai government offers such ...
2 votes
1 answer
1k views

Can I destroy foreign currency?

In most countries it is illegal to destroy money, more precisely, their own currency. But what about foreign currency? Can I tear a dollar in the UK? Would it be against American or English law? I ...
6 votes
5 answers
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 ...