41
votes
Does Texas have standing to litigate against other States' election results?
UPDATE: There is now a definitive answer.
There Is No Binding Judicial Precedent Adjudicating The Key Standing Issues Raised That Are Factually Squarely On Point
This is a novel argument.
To my ...
- 130k
28
votes
Accepted
Order of precedence in cases where more than one nation has an interest?
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 ...
- 148k
27
votes
Accepted
If I've been prosecuted for a crime by another country can the US prosecute me for the same crime afterwards?
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.
...
- 130k
22
votes
Why can't I add a governing law to my terms of service to avoid GDPR?
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 ...
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21
votes
Accepted
Resume Writer asks: Who owns the copyright - me or my client?
This is a common issue when a contractor is hired to write a technical document. Under united-states law, at least, the answer is clear. The contractor owns the copyright unless there is a written ...
- 89.8k
18
votes
U.S. Jurisdiction over Virgin Islands
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, ...
- 4,086
16
votes
What is the jurisdiction of the Khashoggi murder case?
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 ...
- 89.8k
12
votes
Why can't I add a governing law to my terms of service to avoid GDPR?
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 ...
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11
votes
Accepted
Which state has jurisdiction in a case of a murder in an airplane?
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 ...
- 2,841
11
votes
Accepted
What jurisdiction does an IP address fall under?
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 ...
- 5,537
11
votes
Could someone who participated in a legal execution in the USA be arrested for murder in France?
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 ...
- 20.6k
11
votes
Is standing required in traffic court cases when the accused raises the interest?
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. ...
- 130k
11
votes
Accepted
Source of Supreme Court's authority to overrule prior Supreme Court decisions
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 ...
- 40.3k
10
votes
Accepted
Which jurisdiction applies to copyright violations on the internet?
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 ...
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10
votes
Source of Supreme Court's authority to overrule prior Supreme Court decisions
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 ...
- 89.8k
9
votes
Accepted
Floating drug laboratory in international waters
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 ...
- 5,508
8
votes
Accepted
Labor law: which state's law applies when firm has multiple locations?
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 ...
- 24.6k
8
votes
Under which country's jurisdiction does a website fall?
Websites are not ships that can choose a flag of convenience to govern which country's laws govern them. Generally speaking an analysis of which jurisdiction's law applies (which is strictly speaking ...
- 130k
8
votes
Accepted
Would a business that has no office in EU still have to worry about GDPR, and if so, why?
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 ...
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8
votes
What is the jurisdiction of the Khashoggi murder case?
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, ...
- 130k
7
votes
Accepted
Breaking Laws in Different Jurisdictions
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 ...
- 11.6k
7
votes
Which state has jurisdiction in a case of a murder in an airplane?
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 ...
- 20.6k
7
votes
Jurisdiction of Texas Rangers in Louisiana?
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 ...
- 20.6k
7
votes
Accepted
Could someone who participated in a legal execution in the USA be arrested for murder in France?
In short, it is doubtful that France would arrest an executioner vacationing abroad. The concept of functional immunity relies on mutual respect of sovereigns and applies to government officials ...
- 4,027
7
votes
Resume Writer asks: Who owns the copyright - me or my client?
Is there a reason why you want to include real examples in the book? There is no implication that an example is real unless you make that claim.
I think you should consider how much effort it will ...
- 171
6
votes
Does the European Commission have jurisdiction in the U.S.?
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 ...
- 5,537
6
votes
Which jurisdiction applies in a vessel?
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 ...
- 658
6
votes
Accepted
Can a single act by tried as different crimes (or different versions of the same crime) in different jurisdictions, to bypass double jeopardy?
Yes, this is allowed. A famous example was the Rodney King beating, where police officers were acquitted at the state level but convicted federally. US v. Lanza formalized the rule, and it has ...
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6
votes
Can I sue from California, in small claim court, someone in England who is British?
In California, the small claims court has jurisdiction over claims up to $10,000. In order to have personal jurisdiction over him:
He must have a summons and complaint hand delivered to him (or to ...
- 130k
6
votes
Is standing required in traffic court cases when the accused raises the interest?
Ohwilleke's answer covers why the state would have standing. However, your question is also wrong to assume that standing and injury-in-fact is a federal mandate; federal rules about standing are ...
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Only top scored, non community-wiki answers of a minimum length are eligible