Jurisdiction Essays (Examples)

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Essay
Jurisdiction the Law Expresses Itself Through the
Pages: 3 Words: 953

Jurisdiction
The law expresses itself through the means of the court and its officers. The procedures and rules that accompany the various legal systems of these courts is essential knowledge for those wishing to gain a deeper understanding of the law and how it works. The purpose of this essay is to discuss and compare the differences jurisdictional issues within the United States court system. This paper will first define these terms before examining some of the requirements for each type of issue. This essay will also discuss the two types of cases federal courts may hear.

Subject vs. Personal Jurisdiction

According to the Legal Dictionary personal jurisdiction is the "The power of a court to hear and determine a lawsuit involving a defendant by virtue of the defendant's having some contact with the place where the court is located." According to the legal dictionary subject matter jurisdiction is " The power of…...

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References

Kesan, J.(ND). Brief Summary of Personal Jurisdiction Law. University of Illinois College of Law. Viewed 5 Sep 2013. Web.

The Legal Dictionary (ND). "Personal Jurisdiction." Viewed 8 Sep 2013. Web.

The Legal Dictionary (ND). Subject Matter Jurisdiction." Viewed 8 Sep 2013. Web.

Spencer, B. (1999). Nationwide Personal Jurisdiction for our Federal Courts. Denver Universtiy Law Review, 87,(2). Web

Essay
Jurisdiction Refers to Power in
Pages: 3 Words: 930

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 litigant in Federal court. For CompuServe, they may have chosen Federal court because it would have clearly had jurisdiction, whereas Ohio may not have had jurisdiction. This could have given Patterson an avenue for dismissal or appeal on jurisdiction grounds and CompuServe may have wished to mitigate this risk.

In determining the appropriateness of Ohio state court as a jurisdiction, we must consider the tests that would allow this case to be heard by a Federal court. Federal courts rely on the "minimum contacts" test to establish personal jurisdiction. "Minimum contacts" often relies on a three-prong test. The CompuServe v. Patterson case met all three prongs,…...

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Works Cited

Conner, Cheryl L. (1998) Compuserve v. Patterson: Creating Jurisdiction Through Internet Contacts. The Richmond Journal of Law and Technology. Retrieved March 11, 2009 at  http://law.richmond.edu/jolt/v4i3/conner.html 

Samson, Martin. (2009). CompuServe v. Patterson. Internet Library of Law and Court Decisions. Retrieved March 11, 2009 at http://www.internetlibrary.com/cases/lib_case163.cfm

No author. (No date). Jurisdiction. Cornell University Law School. Retrieved March 11, 2009 at  http://topics.law.cornell.edu/wex/jurisdiction 

Encyclopedia Britannica: Conflict of Laws. Retrieved March 11, 2009 at  http://www.britannica.com/EBchecked/topic/333023/conflict-of-laws/276355/Rationale-behind-choice-of-jurisdiction

Essay
Jurisdiction and Sovereignty Have Quickly Come to
Pages: 1 Words: 405

jurisdiction and sovereignty have quickly come to the fore in the era of the Internet. With that said, Medical Miracle in this situation has jurisdiction. Why? Well, first of all it is clear that having jurisdiction has something to do with whether a court has authority over a specific case. In this situation, Medical Miracle would have what is called venue which is the legal idea that states the most suitable forum for a trial. In a lot of situations it is frequently two or more courts that will have proper jurisdiction, but in this case for Medical Miracle, it would be more fitting to hear the case in a particular forum which would be in Colorado. Really, a number of courts can have a play in the case which would be both Arizona and Colorado because of the contact in both regions. However, it would benefit Medical Miracle…...

Essay
Internet Personal Jurisdiction
Pages: 20 Words: 7328

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 procedure while present actually within the region of that state. Checking of procedure and attachments are official methods for declaring personal authority over people or belongings and it also helps in the purpose of giving constitutionally essential notice of the pendency of a judicial happening that may end up in the withdrawal of property. Whether a person within the personal authority wants to contribute or not does not make any change. The supremacy is coercive. Likewise, if the possessor of the interests in property who is subjected to personal jurisdiction wants to take part or not also makes no difference. The control over the assets is coercive. The main task is to…...

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References

Cases Cited:

An Apple A Day, 977 F.Supp. 404, 406 (E.D.Va. 1997).

Asahi Metal Industry Co.v.480. U.S.102, 112, 117 (1987).

Barrett v. Catacombs Press, 44 F.Supp.2d 717, 727 (E.D.Pa. 1999)

Essay
Criminal Justice Jurisdiction
Pages: 2 Words: 545

Criminal Justice, Jurisdiction
Explain what the term "jurisdiction" means.

Jurisdiction is defined as the "geographic area over which authority extends: legal authority; the authority to hear and determine causes of action" (Thefreedictionary.com, (n.d.)). An understanding of jurisdiction is needed to help determine where legal authority begins and ends. Legal cases need to be filed, heard and tried in an organized manner through the court system. This cannot happen if jurisdiction is unclear. Using geographic markers is the simplest way to determine jurisdiction. The easiest way to illustrate this is using the federal courts. Federal court jurisdiction covers the whole United States. State court jurisdictions cover each state. Simply put, jurisdiction determines which court hears which case. A person with a case cannot take their action to any court. They must determine which appropriate court is authorized to hear their case.

Jurisdiction could also mean the origin of the courts' authority (Thefreedictionary.com, (n.d.)). For…...

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References

Thefreedictionary.com. Jurisdiction. Retrieved from  http://legal-dictionary.thefreedictionary.com/jurisdiction .

Siegel, L.J. (2010). Introduction to Criminal Justice. Belmont, CA: Wadsworth.

Essay
Distinguish Between the Jurisdiction of State and Federal Court Systems
Pages: 1 Words: 446

Distinguish etween the Jurisdiction of State and Federal Court Systems
State and Federal Court Systems

When the Founding Fathers of America were setting up the Judiciary system, it was intended to be a completely separate and independent institution of the federal government, a vital part of the checks and balances system. The most important function of the judiciary system is to interpret the law so that rules and laws made in the past can be applied reasonably to present situations, and it focuses on broad legal questions. In the federal judiciary system, judges are nominated by the president and confirmed by the Senate, for terms of either life or good behavior. There is no constitutional restriction on what the age, residency, or citizenship qualifications of federal judges can be.

The Federal court system is comprised of four levels: The Supreme Court, the Court of Appeals, District Courts, and other special courts. The Federal…...

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Bibliography

Chapter 14 Outline.

Deaton, John. "Lesson Three: Relationship of State Courts to Federal Courts." Northland Pioneer College. http://www.northland.cc.az.us/Pos221/Content/module03/m3_l03.htm

Knowledge & Information Services. "State-Federal Relations: Frequently Asked Questions." The National Center for State Courts. January 5, 2004. http://www.ncsconline.org/WC/FAQs/KIS_StaFedFAQ.pdf

Essay
Federal and State Jurisdiction
Pages: 1 Words: 352

Alaska Federal and State Jurisdiction
THE ALASKA MODEL

Federal and State Jurisdiction

Alaska is the 49h state of the United States of America and the largest (State of Alaska, 2013). Its capital is Juneau and Fairbanks is the only large city. Its government is divided into three co-equal branches, namely the executive, the legislative, and the judicial, for purposes of checks and balances. The judicial branch consists of three separate entities, i.e., the Alaska Court System, the Alaska Judicial Council and the Alaska Commission on Judicial Conduct (State of Alaska).

Alaska has a unified and centrally operated court system, which is completely State-funded (State of Alaska, 2013). The State's court system has four levels with individual powers, duties and responsibilities. The first two, the Superior Court and District Court, are trial courts. They are the first that hear and decide cases. The other two are the Supreme Court and the Court of Appeals, which…...

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BIBLIOGRAPHY

Alaska, State of (2013). Profile of the Alaska court system. State of Alaska. Retrieved on August 30, 2013 from http://www.courts.alaska.gov/reports/profile2013.pdf

Alaska Humanities Forum (2013). Governing Alaska. Alaska History and Cultural

Studies. Retrieved on August 30, 2013 from http://www.akhistorycourse.org/articles/article.php?artID=405

Essay
Universal Criminal Jurisdiction When a
Pages: 14 Words: 4633

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, Goodwin (2006) points out that, 'For hundreds of years, the world has allowed any nation-state to exercise universal jurisdiction over high seas piracy. This has been recently codified by the United Nations in the Convention on the Law of the Seas (UNCLOS). It has been almost universally assumed that allowing states to do this was legitimate.' In the post-September 11, 2001 climate, this initiative in particular has been singled out by some contemporary analysts as being a step in the right direction in helping to prosecute the international war on terrorism. For example, Shulman (2006) reports that, "The characterization of certain actors as pirates and certain terrorist acts…...

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References

Yusuf Aksar, Implementing International Humanitarian Law: From the AD Hoc Tribunals to a Permanent International Criminal Court, London: F. Cass (2004).

Black's Law Dictionary, St. Paul, MN: West Publishing Co. (1990).

James R. Crawford, 'The Internationalisation of Criminal Law' (1995), ASIL Proceedings at. 301 in Aksar at 50.

Caroline Davidson, 'Tort Au Canadien: A Proposal for Canadian Tort Legislation on Gross Violations of International Human Rights and Humanitarian Law (2005) 38 Vanderbilt Journal of Transnational Law 5 at 1403.

Essay
International Court of Justice Jurisdiction
Pages: 6 Words: 2025

egulation
Ecks Company is a firm with most of its workers and shareholders as well as operating in State Y despite being incorporated and headquartered in State X. One of the small branches of this company decided to hire an industrial spy, Mr. Seven in order to gather secrets from a large business rival in State Z in 1980. Mr. Seven was successful in his work since he supplied the small branch of Ecks Company with information regarding the competitor's most vital industrial secrets for over a year. The small branch then passed on the information to Ecks Company including information about State Z's national defense. When the industrial spy was caught red handed in 1981, he was convicted of espionage and agreed to testify against the company and branch manager in order to get a reduced sentence. This was followed by a series of events including prosecution of the…...

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References

Bianchi, A., Peat, D. & Windsor, M 2015, Interpretation in international law, Oxford University Press, Oxford.

Posner, E.A. & de Figueiredo, M.F.P 2005, "Is the International Court of Justice Biased?" Journal of Legal Studies, vol. 34, no. 2, pp.599-630.

Posner, E.A. & de Figueiredo, M 2004, Is the International Court of Justice Politically Biased? Berkeley Law -- University of California, viewed 15 April 2016,

Steiner, H.J 2004, 'Three Cheers for Universal Jurisdiction -- Or Is It Only Two?' Theoretical Inquiries in Law, vol. 5, no. 1, pp.199-236.

Essay
Federal Criminal Jurisdiction Unlike Local
Pages: 3 Words: 1273

The last and final level of the federal court system is the U.S. Supreme Court. A federal defendant begins his case in the District Court, but can appeal decisions.
Because there is an essential difference between the violation of state and local laws and the violation of federal laws, it would seem as if federal law enforcement agents would play a different role from state or local agents. Pop media portrayals of the heartless federal agent who is willing to sacrifice individuals for the greater good accentuate this difference. However, the reality is that there is a tremendous amount of cooperation between state, local, and federal law enforcement agencies. The agencies share the common goals of preventing, detecting, and punishing criminal behavior. However, each agent is confined to the roles of their jurisdiction. For example, local and state law enforcement agencies have de facto jurisdiction over most crimes. It is…...

Essay
Local Jurisdiction What Are the
Pages: 1 Words: 384

(erg, 2007)
Community oards

Non-voting public advocate groups that will advise the City Council on: how different policies will affect neighborhoods. Their main responsibility is to represent the interests of the general public. (erg, 2007)

What form of city or county government does your local municipal or county jurisdiction have?

Executive branch

Representative democracy.

Legislative branch

Representative democracy.

Judicial branch

Representative democracy.

Community oards

Representative democracy. (erg, 2007)

What kinds of elections do your local city, county, and school board employ?

Executive branch

Direct elections every four years.

Legislative branch

Direct elections every four years.

Judicial branch

Direct elections every four years.

Community oards

Appointed by orough Presidents. (erg, 2007)

ibliography

Community oards. (2011). NYC. Retrieved from: http://www.nyc.gov/html/cau/html/cb/directory.shtml

Mayor loomberg. (2011). NYC. Retrieved from: http://www.nyc.gov/portal/site/nycgov/?front_door=true

The New York City Council. (2011). NYC. Retrieved from: http://council.nyc.gov/html/home/home.shtml

New York City Courts. (2011). New York Unified Court System. Retrieved from: http://www.courts.state.ny.us/courts/nyc/index.shtml

erg, . (2007). New York City Politics. New runswick, NJ: Rutgers University Press....

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Bibliography

Community Boards. (2011). NYC. Retrieved from: http://www.nyc.gov/html/cau/html/cb/directory.shtml

Mayor Bloomberg. (2011). NYC. Retrieved from:  http://www.nyc.gov/portal/site/nycgov/?front_door=true 

The New York City Council. (2011). NYC. Retrieved from:  http://council.nyc.gov/html/home/home.shtml 

New York City Courts. (2011). New York Unified Court System. Retrieved from:  http://www.courts.state.ny.us/courts/nyc/index.shtml

Essay
State and Federal Jurisdiction in the Courts
Pages: 3 Words: 936

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 for all types of legal cases since it relates to the courts authority to hear and decide on specific legal issues or controversies and, in turn, award damages or other types of relief as appropriate. Drawing on Carper\\\'s Understanding the Law by McKinsey and Burke (2023), the purpose of this paper is to examine the different forms of jurisdiction, the political boundaries of state and federal courts, jurisdiction over subject matter, and the challenges of determining jurisdiction in the context of the Internet. Finally, the paper provides a summary of the findings that emerged from the research and important points in the conclusion.What Is Jurisdiction?According to the definition provided by McKinsey and Burke…...

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ReferencesMcKinsey, J. A. & Burke, D.D. (2023). Carper\\\\\\\\\\\\\\\'s Understanding the Law, 7th ed., Cengage Learning Publishers, ISBN 13:978-1-285-42842-0.

Essay
Fourth Amendment and Court Jurisdiction Based on
Pages: 3 Words: 942

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'. eferring to personal rights against 'unreasonable searches and seizures' (Wolfish, 441 U.S. At 595 Stevens, dissenting LectLaw, 2011). The definition implies that people cannot be detained or intruded upon by police or other law enforcement without a reasonable cause. It is a protection to acknowledge a citizen's rights under a higher authority or power that they must submit to. The Constitutional intent may be at odds with law enforcement because it protects the people by prohibiting the law to intrude even if the person(s) is a known criminal unless there is a reason (Wolfish, 441 U.S. At 595 Stevens, dissenting Lect Law, 2011).

For law enforcement to seize or detain a citizen there must be a reasonable cause. There are many court cases that have precedent over the…...

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References

Cornell Law. (1971). U.S. v. U.S. District Court. Retrieved August 6, 2011 from law. cornell. edu/supct/html/historics/USSC_CR_0407_0297_ZO. htmlhttp://www.

LectLaw Library. (2011). Fourth Amendment U.S. Constitution. Retrieved August 6,

2011 from lectlaw. com/def/f081. htmhttp://www.

U.S. Legal. (2011). Writ of Certiorari. Retrieved August 6, 2011 from lectlaw. com/articles/at0037. htmhttp://www.

Essay
EMS Response and Management During Multi-Jurisdiction Emergencies
Pages: 2 Words: 644

Management System: ole of EMS
EMS Duties during Emergency Operations

The Emergency Operations Plan for most municipalities in the United States defines how emergency services will respond to a disaster. A good example is the one outlined by the City of St. Pete Beach in Pinellas County, Florida (St. Pete Beach City Commission, 2011). Based on their analysis, the main hazards for their municipality are flooding due to heavy rainfall, hazardous materials storage and transportation, transportation accidents, tornados, hurricanes, and coastal erosion (p. 27). The frequency of these incidents range from dozens per year to a major hurricane once every 50 years. In St. Pete Beach, if an incident can be effectively handled by their own resources the response is organized using the National Incident Management System (NIMS) (p. 33). The incident commander will control the response, including first responders, even if more than one jurisdiction is involved. Support is provided…...

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References

St. Pete Beach City Commission. (2011). Special Commission Workshop Meeting. Retrieved from  http://stpetebeach.granicus.com/DocumentViewer.php?file=stpetebeach_1b0ba9fdb12bd7e90fc339c9b7ef6e3d.pdf&view=1 .

Essay
Jurisdiction Regarding Unlawful Traps
Pages: 2 Words: 644

Legality of Booby Traps
A property owner should most certainly not be allowed to utilize booby traps on his or her property, even if he or she has provided notice to intruders. There are too many negative consequences that booby trapping can present -- many of which might be unintended. Additionally, there are other ways that property owners can protect their property than by utilizing booby traps, which are tactics for use in martial encounters and not for daily civil ones. The plethora of other means by which a property owner can defend his or her property (without involving booby traps), and the negative consequences that individuals can incur because of booby traps supports the notion that individuals should not use these ploys to guard their property.

One can argue that the crux of this particular issue is a judgment in value. Whether or not booby traps -- even when proper…...

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References

Burgess-Jackson, K. (2012). Lecture notes. www.uta.edu Retrieved from https://www.uta.edu/philosophy/faculty/burgess-jackson/Katko%20v.%20Briney%20(Iowa%201971).pdf

Q/A
I am doing an assignment on curfew (night) and need help?
Words: 385

The Toulmin Model refers to a way of making arguments.  It breaks the argument into six parts: claim, grounds, warrant, qualifier, rebuttal, and backing.  The first three parts, the claim, grounds, and warrant are considered the fundamental parts of the argument, with qualifier, rebuttal, and backing considered as supplementary to the argument.  The claim refers to what you are trying to prove.  In this assignment, you would either be trying to prove that curfews are beneficial or detrimental. 

One of the difficulties with your assignment is that it is not clear what type of curfews you need to....

Q/A
I need to know how to write a position paper on mediation course?
Words: 376

Mediation is one of the most popular forms of alternative dispute resolution (ADR).  While there are many benefits to mediation and other forms of ADR, including reduced costs for both parties, more rapid resolutions, and the decision-makers ability to consider principles outside of the legal principles involved, there are times when mediation is not the best solution.  If we were writing a position paper on mediation and mediation education, we would focus on domestic violence scenarios and why mediation is not a proper dispute resolution procedure in cases....

Q/A
How do I write an essay on ethical issues involved in counseling clients who have AIDS or are at high risk for acquiring HIV?
Words: 362

Counseling people who have AIDS or are at high risk for acquiring HIV can present several ethical issues for healthcare providers.  While client care must remain the priority in any counseling relationship, it is important to acknowledge that a client who has AIDS, is HIV+, or is at high risk of acquiring HIV may present a health risk to their current or future sexual partners.  In addition, other high-risk behaviors, such as needle-sharing, present a community risk. 

The first step in writing an essay on this topic is recognizing the various ethical issues....

Q/A
Could you help me draft an essay outline about Court room technology?
Words: 554

I. Introduction
A. Explanation of court room technology
B. Importance of technology in court proceedings
C. Purpose of the essay

II. History of court room technology
A. Evolution of technology in the court room
B. Impact of technology on court proceedings
C. Examples of early court room technology

III. Current technology used in court rooms
A. Video conferencing
B. Digital evidence presentation
C. Electronic filing systems
D. Court room management software

IV. Advantages of court room technology
A. Increased efficiency in court proceedings
B. Improved access to justice
C. Better organization of evidence and case files
D. Cost savings for the court system

V.....

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