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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1answer
252 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 ...
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1answer
61 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,...
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1answer
78 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 ...
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1answer
44 views

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 ...
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1answer
82 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?
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359 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 (...
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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 ...
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1answer
55 views

Space Law Jurisdiction

Given the recent increase of space-tourism and space-related activities (Go Mars Colony!) I wanted to ask about judicial jurisdiction. In my mind, if Organization X sends a colony ship to well... ...
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4answers
327 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 ...
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3answers
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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 ...
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1answer
319 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 ...
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1answer
237 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....
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1answer
53 views

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 ...
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1answer
205 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 ...
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4answers
7k 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. ...
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1answer
423 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 ...
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2answers
465 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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4answers
322 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,...
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1answer
53 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 ...
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1answer
120 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 ...
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1answer
74 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 ...
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1answer
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. ...
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1answer
45 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 ...
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1answer
806 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 ...
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1answer
60 views

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 ...
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1answer
219 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". ...
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1answer
1k views

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 ...
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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 ...
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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?
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2answers
209 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 ...
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7answers
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 ...
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2answers
95 views

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 ...
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1answer
479 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 ...
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1answer
430 views

Police jurisdiction outside of their agency's area

In Georgia can a municipal police officer, still in his official cruiser, but outside of the his municipality's limits, pull you over for speeding?
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1answer
81 views

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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1answer
621 views

Can I sue from California, in small claim court, someone in England who is British?

Can I sue from California, in small claim court, someone in England who is British? I live in California and this guy sometimes comes to CA for business. He stole money from me in the U.S.
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3answers
172 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 ...
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1answer
3k views

If you commit a crime in an airport, are you tried under maritime law?

Airports occupy an interesting legal grounds, wherein they are not technically a part of the country they are in (hence tax-free purchases in duty-free), and yet still must obey some set of laws. By ...
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3answers
768 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 ...
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2answers
637 views

Persuasive authority using other jurisdiction's opinions

I'm an English teacher who teaches legal English to foreign students using the UK legal system for context. I was checking the definition of 'Persuasive authority' using TransLegals' dictionary and ...
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2answers
705 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 ...
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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 ...
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2answers
2k views

If you commit a crime on the border of two different countries, which will you be charged in?

If you commit a crime on the border of two different countries*, which will you be charged in? In addition, for the sake of argument: Both countries want to separately trial the criminal The ...
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1answer
32 views

Small Claims Court jurisdiction over multi-property company

If I want to sue a Property Management company, that is domiciled in a different city and county from various properties they manage: Can I sue them in any city where they have property, or do I have ...
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1answer
85 views

Is the basis of California 'sanctuary' the same, from cannabis to immigrants?

In hearing news about so-called "sanctuary jurisdictions," it occurred to me that the states-rights that protected CA cannabis users might provide the same basis to protect an immigrant. For the ...
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1answer
186 views

Liability for selling electronics on eBay

Say I want to sell my computer on eBay. I'll make a profit and report the profit to state/IRS. No problem there. What happens if the buyer makes a claim that it fried his cat or any personal injury / ...
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2answers
306 views

Can a court be a party in a civil lawsuit?

Can a State or Federal court in the U.S. be a party in a civil lawsuit? I mean lawsuits completely unrelated to cases heard or adjudicated by the court, such as: A suit filed by a fired employee (e.g....
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1answer
89 views

Jurisdiction in wrongful death lawsuits?

In the case of a wrongful death lawsuit involving a manufactured part, where is the jurisdiction? Is it where the accident occurred or where the manufacturer is located. For example, let's say an ...
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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?
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2answers
250 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 ...