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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53 views

Is “forum-shopping” possible?

Forum-shopping is commonly defined as a case when a person who takes the initiative of bringing a court action may be tempted to choose his court on the basis of the law applied there. Basically the ...
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1answer
217 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 ...
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Can a contract specify that it will be followed by the law of a state neither party resides in?

I have had a client approach me with a contract that includes a section specifying that the contract will be governed with the laws of a specific state, but neither the client nor myself live or ...
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Who has jurisdiction when someone says in a chatroom that they are being harmed?

Called local police in Ontario, Canada. I have evidence of the chat. They say they have no jurisdiction over this since they do not know where the user is from. Is this not a cybercrime? Could they ...
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Is “who has jurisdiction” the same as “which laws apply?”

This question asks "which laws apply" and this answer talks about "who has jurisdiction." Reading that led me to wonder if they are necessarily the same statement. Are they? Or, are there cases where ...
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3answers
179 views

Which state telemarketing laws apply to interstate calls?

Base question: Suppose a telemarketer in State T calls a consumer who is a resident of, has a phone number associated with, and is physically present in, State C. In addition to federal law applying, ...
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2answers
360 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 ...
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1answer
80 views

If a cybercrime were committed while the attacker is on an aircraft, who has the jurisdiction?

Say, the plane is flying from country A to B. A cybercrime was committed while the plane was above country C. The attacker hacked into country D. Who has the jurisdiction in this case?
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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 ...
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489 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 ...
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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 ...
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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 ...
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734 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 ...
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204 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 ...
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1answer
156 views

Is this a case of being able to ask for a writ of mandamus?

Is this a case of being able to ask for a writ of mandamus from district court? Person A has Neighbor B who owns several dogs that bark beyond the statutory limits in city code. Person A has filed ...
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275 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 ...
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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. ...
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1answer
112 views

Jurisdiction in Canada (cybercrime) - where can I file the lawsuit

I'm looking for some information regarding jurisdiction in cybercrime cases in Canada (just educational purposes) Assuming someone gained unauthorized access to my personal accounts (such as online-...
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1answer
880 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 ...
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2answers
155 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-...
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209 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 ...
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355 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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1answer
562 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 ...
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6k 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 ...
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0answers
52 views

What do you do if you get bothersome local calls to an international number?

I've come to an issue that FCC.gov's DoNotCall.gov list does not accept Canadian area codes. However, I kept getting unwanted calls from several American companies trying to scam me with their ...
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715 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 ...
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1answer
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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 ...
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278 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 ...

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