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…...
mlaReferences
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
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,…...
mlaWorks 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
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…...
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…...
mlaReferences
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)
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…...
mlaReferences
Thefreedictionary.com. Jurisdiction. Retrieved from http://legal-dictionary.thefreedictionary.com/jurisdiction .
Siegel, L.J. (2010). Introduction to Criminal Justice. Belmont, CA: Wadsworth.
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…...
mlaBibliography
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
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…...
mlaBIBLIOGRAPHY
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
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…...
mlaReferences
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.
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…...
mlaReferences
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.
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…...
(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....
mlaBibliography
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
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…...
mlaReferencesMcKinsey, J. A. & Burke, D.D. (2023). Carper\\\\\\\\\\\\\\\'s Understanding the Law, 7th ed., Cengage Learning Publishers, ISBN 13:978-1-285-42842-0.
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…...
mlaReferences
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.
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…...
mlaReferences
St. Pete Beach City Commission. (2011). Special Commission Workshop Meeting. Retrieved from http://stpetebeach.granicus.com/DocumentViewer.php?file=stpetebeach_1b0ba9fdb12bd7e90fc339c9b7ef6e3d.pdf&view=1 .
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…...
mlaReferences
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
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....
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....
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....
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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