28
DUI is a crime under Massachusetts law so Kurt would be prosecuted there by that state.
Germany would offer consular assistance but this would not extend to preparing or paying for his defence. If convicted, and after serving his sentence, Germany and the USA would coordinate his deportation.
The UK would offer consular assistance for the repatriation of ...
27
You can be prosecuted for the crime in the U.S., both at the federal level and at the U.S. state level (or both), completely without regard to what happened in the criminal justice process elsewhere.
This is true in all of the scenarios you pose, for any offense, and with or without an extradition treaty (of course, unless the treaty had some anomalous ...
21
However, if a website is based in the US and the terms of service say that the law governing the terms is US law, how can GDPR have any affect?
It is unlikely that the EU will be able to enforce financial penalties against a company with no presence in the EU. But they could for example block your website in the EU, depriving you of your EU user base. The ...
16
According to Wikipedia's article Diplomatic Mission:
Contrary to popular belief, most diplomatic missions do not enjoy full extraterritorial status and – in those cases – are not sovereign territory of the represented state. Rather, the premises of diplomatic missions usually remain under the jurisdiction of the host state while being afforded special ...
15
The US Virgin Islands does have their own criminal code, and the Superior and Supreme courts of the Virgin Islands hear cases related to it (the District Court is a federal district court). However, while I haven't looked at the specific facts in the case against him, I'm sure Mr. Epstein was accused of human trafficking that crossed state and probably ...
11
It depends.
International aviation law is tricky. One effort to set some standards down was the Tokyo Convention, also known as the Convention on Offences and Certain Other Acts Committed On Board Aircraft. Here are some excerpts:
ARTICLE 3
The State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on ...
11
If the Supreme Court is the final authority
The Supreme court is not the final authority. The Supreme Court is the court of last resort, but that does not prevent its case law from possibly being superseded or invalidated by constitutional amendments or the enactment of legislation.
Wouldn't past and future courts be of equal authority
No. Whether in ...
11
What you are asking for is, in effect, an "opt out" clause. It might be framed in terms of choice of governing law, but effectively it seeks to opt you out of EU consumer protection laws.
Not surprisingly, most consumer laws just don't allow you to do that.
Otherwise a car seller would simply write onto their contract "If this car has a fault that kills ...
10
Jurisdiction is generally a matter for courts to decide. For example, in Kernel Records Oy v. Mosley, 694 F. 3d 1294 (2012), the plaintiff, having had their work published in Sweden, had filed a claim there, and lost. They then took the claim to the United States.
Copyright infringement is generally actionable per se - no damage needs to actually be proven ...
10
I said this in a comment, but I'll put it in an answer. When France forcibly confines an American, the United States is entitled to ask France, "what the hell do you think you're doing, trying to confine our citizen in your country?" There are really just six basic answers that the United States will accept, and nothing in this scenario is specific to France ...
10
The general rule is that a governmental institution cannot bind future versions of itself. Thus a legislature can pass a law, but a later session of that same legislature can amend or repeal it, and the legislature cannot make it unamedable. Similarly, a President can issue an executive order, but later that same President, or a different one, can cancel or ...
9
I'm not sure it makes sense to talk about having "jurisdiction" over an IP address, for the purposes you're discussing.
If you wanted to sue the IP address itself--something that is possible under limited circumstances--then you might need to locate it for jurisdictional purposes. But I don't think that's what you're talking about. You're talking about ...
9
No. The true accuser is the state and the state always has standing to enforce its laws. This is an injury in fact. The judge would laugh at you and probably then double the fine for your insolence. This defense would be considered frivolous.
8
If you are employed at an office in Massachusetts, you are covered by Massachusetts labor law. When an Ohio company wants to operate in Massachusetts, it cannot just come in and unilaterally decide to use the labor law of another state.
8
The relevant law is the United Nations Convention on the Law of the Sea, to which both the Philippines and China are signatories. With very few exceptions, the only country with jurisdiction over a ship in international waters is the country whose flag it is flying.
Ships engaged in the drug trade appear to be one of those few exceptions:
Article 108
...
8
Is it actually necessary for businesses (such as a Small Town News USA
Inc) that do not reside in EU to care about GDPR?
Only if they offer goods/services to or monitor behavior of people in the EU (Art. 3(2)).
Note that:
having a commerce-oriented website that is accessible to EU residents
does not by itself constitute offering goods or services in ...
8
The answer of @David Siegel is correct as far as it goes.
I would further venture the opinion that it is very likely that even though the Saudi Arabian embassy is not the territory of Saudi Arabia, that diplomatic immunity would very likely pose a bar to the prosecution of at least some of the defendants in a case if one was brought in Turkish courts and ...
7
What you're asking about is extraterritorial jurisdiction, and it will depend on the country and crime(s) involved.
As an example, under Australian law, it is a crime to engage in sexual activities with minors barring specific exemptions, which are not relevant to this example.
There are countries where the age of majority is less than that in Australia. ...
7
Whether a state has jurisdiction over a crime or not is determined exclusively by the laws of that state, including any treaties the state has signed. It is entirely possible for multiple countries to have jurisdiction over a crime; this is likely to be just such a situation.
As a practical matter, if there is a murder on an airplane the plane will be ...
7
Answering the question title, a Texas law enforcement officer can certainly make arrests in Louisiana these days under the right circumstances (I'm not about to look up the laws as of 1934). For starters, Louisiana law grants any person the authority to make an arrest when the person being arrested has committed a felony, whether or not that felony was ...
6
Countries, and supranational governments like the EU, have jurisdiction over companies that do business in their jurisdictions.
Oracle is technically not a U.S. corporation; it's a closely related group of California and Delaware corporations. Very few companies incorporate under U.S. federal law (I believe some banking corporations are required to, but don'...
6
To answer the more general question in the title:
What happens if federal courts contradict each other?
It depends on the context.
In some cases, like this, the outcome is the same. If one district court decides to issue an injunction (or restraining order) then the injunction exists even if other courts decline to issue a similar injunction. Only a ...
6
Yes. Not only could the US prosecute you if another country already tried you, it can prosecute if one of the 50 states already tried you. US courts have treated the rule against double jeopardy as a rule against two prosecutions by the same sovereign. But a US state is a separate sovereign from the feds and from other states, and the US is a separate ...
6
The Supreme Court has ruled, in Gonzales v. Raich, 545 U.S. 1, that Congress is empowered to pass the Controlled Substances Act: whether or not you agree with the ruling, that is what the current law is. Citing Wickard v. Filburn, 317 U.S. 111 and Perez v. US, 402 U.S. 146, the court held that
If Congress decides that the “‘total incidence’” of a practice ...
5
No a senator does not have that power under their elected position. However politics does not work like that. A senator could know the governor of their state very well. Governors could issue pardons which will release people from jail. Governors can also command a certain person to do something, like release a prisoner.
5
Go to the scheduled hearing and present your complaint. Apparently the defendant will present no documents in court.
5
Chapka's answer covers the legal aspects that give the EU authority to impose their laws on US companies. However, there are also practical aspects around enforcing penalties. A court has no formal power outside its jurisdiction; a European court judgment (which is what happens if a company violates EU rules) can't be directly enforced in the US, because US ...
5
The short answer is, in absence of a treaty or convention governing travel, then the law of the country over which the plane is located governs for the time the plane is in overflight. Laws of a jurisdiction (a country, or a state) are generally taken to extend upward from their boundaries (and downward for the control of mineral rights, etc.).
There are a ...
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