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 ...
- 195k
37
votes
Accepted
Why the obscure but specific description of Jane Doe II in the original complaint for Westenbroek v. Kappa Kappa Gamma Fraternity?
This case was filed in federal court under diversity jurisdiction, meaning that it’s a lawsuit between citizens of different states. In most cases, diversity jurisdiction requires “complete” diversity:...
- 23.6k
37
votes
Can teachers search our dorms without our explicit consent if they have "suspicion"?
A private school in the US is not bound by the 4th Amendment requirement for searches to be "reasonable", just as parents do not need a search warrant to search your room. Instead, ...
- 210k
29
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.
...
- 195k
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 ...
- 198k
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 ...
- 35.2k
22
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 ...
- 113k
20
votes
Accepted
In the USA what state's laws do I have to abide by when rafting on a river boundary?
In most cases, the state boundary line controls.
For example, Kentucky owns the Ohio River along its border with Ohio, Indiana, and Illinois. In essence, the boundary between Kentucky and these three ...
- 195k
20
votes
Can teachers search our dorms without our explicit consent if they have "suspicion"?
in some cases underwear and other things were missing.
This is a bigger problem than merely entering dorms. Theft is unambiguously a crime. Additionally, theft of underwear, especially from underage ...
- 2,418
18
votes
Why was the Dominion v. Fox case tried in Delaware?
The defendant Fox corporation (there are a variety of affiliated or formerly affiliated companies with very similar names) is organized under the laws of Delaware so lawsuits related to its activities ...
- 195k
18
votes
Jurisdiction over FDA
Article III of the United States Constitution vests the nation's judicial power -- which includes the authority to hear "all cases, in law and equity, arising under ... the laws of the United ...
- 57.2k
17
votes
To what extent are England and Wales one completely wedded jurisdiction?
What Do England And Wales Share Legally?
Why are they so closely associated with each other as to have just one
tag on the site, but Northern Ireland and Scotland each seem to be
their own worlds?
...
- 195k
16
votes
Accepted
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 ...
- 113k
16
votes
Do EU or UK consumers enjoy consumer rights protections from traders that serve them from abroad?
In theory, what Dale says. However, in practice:
Nope, and that's why the trader is in Timbuktu.
And I apologize profusely to the Malian people, I have every reason to think it is a fine country in ...
15
votes
Minimum penalty for extradition makes no sense?
You might be misreading the extradition criterion
The UK–USA extradition treaty has an example of the clause you're asking about:
An offense shall be an extraditable offense if the conduct on which ...
- 43.3k
12
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 ...
- 23.6k
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 ...
- 3,179
12
votes
Accepted
Governing law clauses with parties in different countries
This is not illegal if the transaction has any relationship to the foreign country (this limitation is called the minimum contacts test). These agreements called choice of law or forum selection ...
- 195k
11
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 ...
- 12.1k
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. ...
- 195k
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 ...
- 113k
10
votes
Do EU or UK consumers enjoy consumer rights protections from traders that serve them from abroad?
Yes
The Consumer Rights Act 2015 applies to most contracts between traders and consumers that are subject to the jurisdiction of English and Welsh, Scottish, or Northern Irish courts. All this ...
- 198k
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 ...
- 6,081
9
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 ...
- 25.6k
9
votes
is after the fact consent ever possible or a defence?
Where consent is required for some act to be lawful, the consent is required before or at the time of the act.
Typically, consent does not need to be express, but can be implied by conduct.
It's ...
- 2,472
9
votes
Jurisdiction over FDA
The Administrative Procedures Act grants federal courts the power to review agency actions, including approval of pharmaceuticals. See 5 U.S.C. § 706. This section gives federal courts the power to ...
- 43.3k
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 ...
- 35.2k
8
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 ...
- 4,254
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 ...
- 195k
Only top scored, non community-wiki answers of a minimum length are eligible