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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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 ...
user9361
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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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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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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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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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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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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 / ...
user7553
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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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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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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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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 ...
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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