If jurisdiction allows a choice between the two, any of these criteria could sway a firm to file in one court or the other. However, there may be instances where Federal court is preferred. The laws and rulings may favor be more favorable for the l Continue Reading...
The Various Types of JurisdictionsToday, the concept of jurisdiction is frequently heard with respect to high-profile criminal cases where the legal stakes are high. Jurisdiction, though, is also a relevant and essential aspect of the legal system fo Continue Reading...
This is not a new development -- international law had long recognised universal jurisdiction for piracy and slavery, for example -- but it marks an extension of the principle, in a modified form, into a new subject area' (emphasis added). In fact, Continue Reading...
It could be argued that a conflict of interest could arise in the executive's ability to create or destroy a convention, assuming inadequate resistance from the rest of the governmental body. The idea that constitutional conventions exist outside o Continue Reading...
Internet Personal Jurisdiction Normally, when the belongings are attached to a state, the courts are given authority over any assets actually present within the regional limits of the state and courts are also given authority on anyone provided with Continue Reading...
Constitution gave Congress the power of legislation. In fact, its major function is to make laws. Essentially, Congress converts public will into public policy by way of law. The Constitution provides some rules to which Congress must adhere througho Continue Reading...
They point out that if a suspected terrorist gets on a plane and gets off at a place like Copenhagen or Toronto and demands asylum, even if he is not granted asylum, he's pretty much got a safe haven to operate in because he can' be deported or extr Continue Reading...
Separation of Powers Doctrine of Separation of powers in Australia The concept of separation of powers has been in operation and application in many countries. This has always helped them in ensuring efficient governance and effective working of ea Continue Reading...
Regulation and accreditation of higher education refers to control processes carried out on institutions offering higher education with the aim of ensuring that they operate according to some set standards. Higher education regulation generally ref Continue Reading...
Fourth Amendment and Court Jurisdiction Based on the Fourth Amendment to the U.S. Constitution citizens have a right to 'be secure in their persons'. Referring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Continue Reading...
Furthermore, there is often a veil of silence from witnesses in these types of assaults, which makes investigation very difficult. However, when an officer exercises the discretion to treat these incidents as lesser-crimes, he reinforces the devalua Continue Reading...
Stress: Regulation of Wetlands in the United States Regulation of Wetlands in the United States Defining Wetlands and their Value A wetland refers to a place where water covers the soil. A wetland is a saturated land that comprises of swamps or ma Continue Reading...
Criminal Justice DQ The legislative process is effective in the administration of justice. Conservative lobby groups define proper legislation processes as inclusive governance that promotes inclusiveness of people in decision-making and policy form Continue Reading...
This essay provides a brief overview of several of the key factors in conflict of laws, including the areas where choice of law is likely to be at issue. Domicile Domicile is one of the key factors in choice of law. Domicile is not the same as loc Continue Reading...
Federal CourtsThe United States judicial system is based on the federal courts structure as established in Article III of the Constitution. This system has been the subject of numerous studies and publications that seek to explain how it works. Willi Continue Reading...
American Government: Judicial Branch1. In order for a court to hear a case, it must have jurisdiction. What is jurisdiction? Distinguish between original jurisdiction and appellate jurisdiction.The term jurisdiction is used to refer to the legal auth Continue Reading...
The Magna Charta is apparently responsible for limiting the power of sheriffs in England, meant to lessen the number of abuse cases involving a sheriff physically harming royal subjects with the purpose of collecting taxes. If the colonists had not Continue Reading...
Harmonization of International Civil Procedure and International Commercial Arbitration The objective of this study is to address the idea that when all the recently formulated harmonization instruments relating to transnational commercial litigatio Continue Reading...
Confusion Hypothetical: Can the State Enact a Statute Requiring a Specific Tow Hitch? Facts: Tanya Trucker is a trucking company owner who resides in and/or operates her business in the state of Denial. Her trucking business operates in the state o Continue Reading...
These words, 'necessary and proper,' in such an instrument, are probably to be considered as synonymous. Necessarily, powers must here intend such powers as are suitable and fitted to the object; such as are best and most useful in relation to the e Continue Reading...
Parliament What three factors were most important in the development of Parliament as an independent institution with broad political, legislative and financial powers prior to Henry VIII? Parliament (meaning parler, or 'to talk' in French) came in Continue Reading...
Homicide in Puerto Rico Puerto Rico has been showing a higher number of Homicides in past two decades. Recently, its homicidal number is found to be 50% more than the Mainland figure. The main reasons identified are presence of gangs involved in dru Continue Reading...
Indian Legal Environment Foreign Companies Introduction Today, International Businesses buy sell, India. It essential a foreign company planning enter India, understand culture, traditions peoples' mindset. Conflict in Employment Relations The issu Continue Reading...
Europe After World War II Historical Development Unification Historical Development of Unification Ideas in Europe after World War II Europe was torn to shreds by the ugly forms of national and ethnic hatred after World War II (1939-1945). Europe Continue Reading...
Rise of the Secular Turkish Republic It was in 1923 that the Republic of Turkey appeared on the face of the globe. The Turks consider the preceding years i.e. 1919-1922 as the years of their struggle for independence. The Turkish state that was form Continue Reading...
Adverse circumstances and heated verbal attacks by angry citizens sometimes triggers a (natural) response on the part of police officers to respond in kind, or, at the extreme, with verbal abuse in the form of threats to use their lawful powers of Continue Reading...
In other words, the PAHPA should protect volunteers (that rush to the scene of a disaster like Hurricane Katrina) from lawsuits for their "non-criminal actions" in humanitarian efforts (Hodge, p. 3). Also, Hodge writes that PAHPA does not "…e Continue Reading...
There were many factors quoted for the reasons for this type of incompatibility, and they were the following: Article 2 of the Brussels Convention is in fact mandatory, and it can only be derogated from in the numerous ways and means that have been Continue Reading...
That is if the jurisdiction of no other contracting state was in issue and the trial had no connecting dynamic to any other contracting state. In response to this question, the European court responded in the negative and asserted that the internat Continue Reading...
Jurisdiction is not simply of the personal variety; when attempting to sue someone, one needs to find someone who has both personal jurisdiction over them as well as subject matter jurisdiction. All states have for the most part, given their courts Continue Reading...
Regulation of Banks Banks are an important aspect of any modern economy. They provide financing for commercial businesses, access to payment systems and a variety of financial services for the economy as a whole. The integral role that banks play in Continue Reading...
According to the Congressman, there is a basic lack of interoperability across more than 80% of the United States' first responders. They are not able to communicate with each other, and are therefore also not able to launch adequate rescue operatio Continue Reading...
For example, the EP has the right to bring an action for failure to act, and can also take action to have the ECJ review acts of the Council or the Commission. Despite those protections, the ECJ determined that the legal remedies provided for in th Continue Reading...
Examples of offenses that are based on constitutional endowments of right contain tax evasion, possessing illegal substances and conspiring to violate civil rights. Courts have specified on the whole a wide explanation to the Commerce Clause authori Continue Reading...
Since 1869, eight associate justices have complemented the Chief Justice, though this number is not set in stone. Congress has the right to manipulate the organization of the Supreme Court, and has over the years varied the number of associate justi Continue Reading...
Private Property & the Commons of 16th Century Spain Private Property in 16th Century Spain Historically, 16th-century Castile was considered to be fundamentally an urban society that depended on cities and towns for the articulation of its loc Continue Reading...
