Orphan date February 2009 In English ecclesiastical law , contentious jurisdiction Latin forum contentiosum is jurisdiction over matters in controversy between parties, in contradistinction to voluntary jurisdiction, or that exercised upon matters not opposed or controverted. The Lord Chief Justice of England and Wales Lords Chief Justices , judge s, etc., had a contentious jurisdiction but, the Lord of the Treasury Lords of the Treasury , the Commissioners of Customs, etc., have none, being merely judges of the accounts. References Webster s Revised Unabridged Dictionary 1913 1728 Category Canon law Category Jurisdiction Category English legal terms law term stub ... more details
US fed civ pro merge Supplemental jurisdiction discuss Talk THIS PAGE Merger proposal date July 2009 Pendent jurisdiction is the authority of a United States federal court to hear a closely related state law claim against a party already facing a federal claim, described by the Supreme Court as jurisdiction over nonfederal claims between parties litigating other matters properly before the court. ref Finley v. United States , ussc 490 545 1989 . ref Such jurisdiction is granted to encourage both Judicial economy economy in litigation , ref http scholar.google.com scholar case?case 9853113019628338996&hl en&as sdt 100000002&as vis 1 Williams Elecs. Games, Inc. v. Garrity , 366 F.3d 569 7th Cir.2004. ref and fairness by eliminating the need for a separate federal and state trial hearing essentially the same facts yet potentially reaching opposite conclusions. Pendent jurisdiction refers to the court s authority to adjudicate claims it could not otherwise hear. The related concept of pendent party jurisdiction by contrast is the court s authority to adjudicate claims against a party not otherwise under the court s jurisdiction because the claim arises from the same nucleus of facts as another claim properly before the court. The leading case on pendent jurisdiction is United Mine Workers of America v. Gibbs , ussc 383 715 1966 . Gibbs has been read to require that 1 there must be a federal claim whether from the Constitution, federal statute, or treaty and 2 the non federal claim arises from a common nucleus of operative fact such that a plaintiff would ordinarily be expected to try them in one judicial proceeding. The holding in Gibbs has been essentially codified by Congress along with ancillary jurisdiction in usc 28 1367 , its supplemental jurisdiction statute. However, Subsection 1367 c 3 expressly authorizes the district judge to dismiss a supplemental claim when the federal ... 000 .html 28 USC 1367 c 3 ref References references Category Civil procedure Category Jurisdiction ... more details
US fed civ pro Supplemental jurisdiction is the authority of United States federal court s to hear additional claims substantially related to the original claim even though the court would lack the subject matter jurisdiction to hear the additional claims independently. usc 28 1367 is a codification of the United States Supreme Court Supreme Court s rulings on ancillary jurisdiction Owen Equipment & Erection Co. v. Kroger , ussc 437 365 1978 and pendent jurisdiction United Mine Workers of America v. Gibbs , ussc 383 715 1966 and a superseding of the Court s treatment of pendent party jurisdiction Finley v. United States , ussc 490 545 1989 . By default, courts have supplemental jurisdiction over all other claims that are so related . . . that they form part of the same case or controversy 1367 a . The true test being that the new claim arises from the same set of operative facts. This means a federal court hearing a federal claim can also hear substantially related state law claims, thereby encouraging efficiency by only having one trial at the federal level rather than one trial in federal court and another in state court. However, if the case is brought as a Diversity jurisdiction diversity action i.e., each defendant comes from a state different than each plaintiff , there generally is no supplemental jurisdiction if such claims would destroy complete diversity. See Exxon Mobil Corp. v. Allapattah Services, Inc. Courts are also free to decline to exercise supplemental jurisdiction in specified or exceptional circumstances 1367 c . External links http lii.law.cornell.edu uscode html uscode28 usc sec 28 00001367 000 .html 28 U.S.C 1367 Supplemental Jurisdiction Category Jurisdiction ... more details
about the principle of territorial jurisdiction in international law Territorial principle US fed civ pro Territorial jurisdiction in United States law refers to a court s power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction ... or adjudicate any rights involving them. Territorial jurisdiction is to be distinguished from subject matter jurisdiction , which is the power of a court to render a judgment concerning a certain subject matter, or personal jurisdiction , which is the power of a court to render a judgment concerning particular persons, wherever they may be. Unlike subject matter jurisdiction, territorial jurisdiction may be waived, even unintentionally, by a defendant. Personal jurisdiction, territorial jurisdiction, subject matter jurisdiction, and proper notice to the defendant are prerequisites for a valid judgment. The types of territorial jurisdiction Types of jurisdictional territory within the international ..., and ruled by martial law imposed by the conqueror. International commons. Territory not under the jurisdiction ... on a status of forces agreement . Extraterritorial jurisdiction. This is asserted by most ... the United States , and how there can be different territorial jurisdiction for different subjects Territories over which the central government has exclusive jurisdiction for a broad range of subjects ... has exclusive jurisdiction for a broad range of subjects. State territory excluding territory ... exclusive jurisdiction under Art. IV Sec. 3 Cl. 2. State territory over which the central government has jurisdiction, either exclusive or concurrent, on a few specific subjects. County territory within which the county government has exclusive or concurrent jurisdiction with the state. Township territory within which the town government has exclusive or concurrent jurisdiction with the county or state. Federal judicial districts within which the court for that district has exclusive jurisdiction ... more details
no footnotes date April 2012 Inherent jurisdiction is a doctrine of the England English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal . The term is also used when a governmental institution derives its jurisdiction from a fundamental governing instrument such as a constitution . In the English case of Bremer Vulkan Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd , Lord Diplock described the court s inherent jurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice. Inherent jurisdiction appears to apply to an almost limitless set of circumstances. There are four general categories for use of the court s inherent jurisdiction to ensure convenience and fairness in legal proceedings to prevent steps being taken that would render judicial proceedings inefficacious ... courts and tribunals. As such, the exercise of inherent jurisdiction is a broad doctrine allowing ... the proceedings brought before it. Inherent jurisdiction in Canada According to the case law in Canada , the key restriction on the application of inherent jurisdiction is that the doctrine cannot ... Student Housing Ltd. 1976 which was a case dealing with whether a judge had exceeded jurisdiction in determining ... held that blockquote Inherent jurisdiction cannot, of course, be exercised so as to conflict with statute ... of inherent jurisdiction appears to be that inherent jurisdiction cannot be used to create new ... relationships with the inherent jurisdiction of their courts. In Ontario the Rules of Civil Procedure ... of the rules, but the rules are regulations under the Act. Inherent jurisdiction cannot be used ... the inherent jurisdiction of the court to manage its own procedures. See also Court system of Canada Courts of England and Wales Category Common law Category Jurisdiction Category Legal doctrines and principles ... more details
Ancillary jurisdiction allows a United States federal court to hear certain claims sufficiently related to the original claim that would otherwise defeat the court s jurisdiction. Whereas pendent jurisdiction allows a federal court to hear state claims sufficiently related to an original federal claim, ancillary jurisdiction applies when the parties are in federal court because of Diversity jurisdiction diversity i.e., each defendant is from a state different than each plaintiff and one party wants to bring a claim against another party possibly a third party which would otherwise defeat that diversity. For example, a California resident the plaintiff might sue a New York resident the defendant in federal court based on diversity but the New York resident wants to impleader implead his New York based insurance company, an action which by itself has no diversity and therefore the federal court has no independent subject matter jurisdiction because the Third party Plaintiff defendant in the original action and the insurance company Third party Defendant are from the same state. Ancillary jurisdiction allows the federal court to continue hearing the case despite this lack of diversity because bringing in the insurance company is sufficiently related to and necessary for the fair conclusion of the claim. There are two important restraints on ancillary jurisdiction. First, the additional non federal claim must be sufficiently related to the original claim ancillary and dependent rather ... jurisdiction to a claim asserted by the defendant rather than the plaintiff because the plaintiff ... non diverse parties. Areas where ancillary jurisdiction can be asserted include counterclaim .... P. 24 . The seminal case on ancillary jurisdiction is Owen Equipment & Erection Co. v. Kroger , 437 ... Code U.S.C. 1367 b , part of its supplemental jurisdiction statute. Sources Owen Equipment & Erection Co. v. Kroger , 437 U.S. 365 1978 . UnitedStatesCode 28 1367 2006 . Category Jurisdiction Category ... more details
nofootnotes date July 2010 Private jurisdiction is the right of an indiviual or a Legal person legal entity to establish Court courts of law . It was prevalent during feudalism . A Exclusive right franchise , such as a corporation , a jurisdiction, or a right to collect certain tolls or taxes, was, in effect, a kind of property an incorporeal hereditament . Under English law incorporeal hereditaments including jurisdictions were either granted or recognized in charter s. Franchise jurisdictions included those of manorial court s, secular courts of ecclesiastical corporations in addition to the Church s own jurisdiction over family law , borough courts of municipal corporation s, merchant courts established on markets and fairs, and mining courts of mines and mining villages. In medieval England franchises could also be establsished for jurisdiction over partially or entirely privatized administrative territories such as Hundred county subdivision hundreds and county counties . Broad jurisdictional powers were also granted to many colonial corporations such as the East India Company . In medieval England for many substantive areas of law the king s courts only reviewed whether the franchise courts stayed within their jurisdictional and certain procedural bounds and not the substance of the case. Generally, the only way to remove or undo the remedy of a franchise court case in royal court was to bring one of several varieties of lawsuits for trespass tort against the franchise court. See also High, middle and low justice Zwing und Bann Court baron Court leet External links http unenumerated.blogspot.com 2006 06 jurisdiction as property paper.html Jurisdiction as property http szabo.best.vwh.net JurisdictionAsProperty.pdf Jurisdiction as Property Franchise Jurisdiction from Henry III to James I by Nicholas J. Szabo Category Jurisdiction Category Feudalism Category Legal history ... more details
Globalize date July 2010 unreferenced law date December 2007 Personal jurisdiction refers to a court s jurisdiction over the parties to a law suit, as opposed to subject matter jurisdictionjurisdiction ... personal jurisdiction over a party, its rulings or decrees cannot be enforced as to that person, otherwise than by comity, that is to the extent the sovereign that does have jurisdiction upon the person allows the court to. Personal jurisdiction means the power of the court to decide a dispute, as against a particular person. The concept of personal jurisdiction finds its origin in the idea ... died, or had left the kingdom. The courts then culled out another means to get jurisdiction, called ... States, the exercise of personal jurisdiction by a court must both comport with U.S. Constitution ... of personal jurisdiction does not need a statutory basis, since the United Kingdom does not have a written constitution. Fundamental Principles of Personal Jurisdiction in the United States Three fundamentals of personal jurisdiction constrain the ability of courts in the United States to bind ... without challenging personal jurisdiction. Consent may also derive from a pre litigation agreement ... of a claim that was filed in a court that did not have personal jurisdiction over the defendant. Consent cannot always be a basis for the exercise of personal jurisdiction. In the case of Asahi Metal Industry Co. v. Superior Court the US Supreme Court held that the exercise of personal jurisdiction ... of jurisdiction. The court held that there should be an underlying state interest, if the courts of a state were to exercise jurisdiction. In other words, if the courts of a state were to expend resources ... jurisdiction, courts may still exercise personal jurisdiction when they have independent power to do ... Jurisdiction Originally, jurisdiction over parties in the United States adhered to strict ... limitations applied to the validity of state court judgments. Three types of jurisdiction developed ... more details
Refimprove date September 2007 Accrued jurisdiction within the context of the Law of Australia Australian legal system is the power held over state matters by federal courts. Accrued jurisdiction will occur when there are several cases brought to the Federal Court of Australia FCA where there are competing jurisdictions between them. In essence the state vests judicial authority in the federal court providing that a number of requirements are met. A claim that is based on a state law for example can be heard in a federal court depending on the actions done by respective parties the relationship between the parties the laws which attach rights or liabilities to the conduct and relationship of parties whether the different claims arise under the same subject matter whether the different claims are so related that the determination of one depends on the other The above test is applied by the court and a decision reached as to whether the court has accrued jurisdiction. A convenient example of this process is outlined in the case Re Wakim Ex parte McNally 1999 HCA where there is a conflict between state and federal jurisdictions. In this particular case it was held that accrued jurisdiction did exist but had it not the FCA would have been acting unconstitutionally had it proceeded hearing the case. Category Australian law Category Jurisdiction ... more details
Ecclesiastical jurisdiction in its primary sense does not signify jurisdiction over ecclesiastics church leadership , but jurisdiction exercised by church leaders over other leaders and over the laity . Jurisdiction is a word borrowed from the legal system which has acquired a wide extension in theology ... jurisdiction was essentially temporal in its origin and in its sphere. The Christian Church transferred ... in this respect between clergy and laity. Catholic canonical jurisdiction General concept and classification ... mission , is understood the authority to guide and rule the Church of God. Jurisdiction, insofar as it covers the relations of man to God, is called jurisdiction of the internal forum or jurisdiction ... Dispensation Catholic Church dispensation s from private vows. Jurisdiction, insofar as it regulates external ecclesiastical relations, is called jurisdiction of the external forum, or briefly jurisdictio fori . This jurisdiction, the actual power of ruling is legislative, judicial or coactive. Jurisdiction can be possessed in varying degrees. It can also be held either for both fora, or for the internal forum only, e.g. by the parish priest. Jurisdiction can be further sub divided into ordinary, quasi ordinary and delegated jurisdiction. Ordinary jurisdiction is that which is permanently ... an ordinary judge. By Divine law the pope has such ordinary jurisdiction for the entire Church and a bishop for his diocese. By human law this jurisdiction is possessed by the cardinal Catholicism ... s with quasi epsicopal jurisdiction, the chapters of orders or the superior general s of orders ... priests in the internal forum. If however jurisdiction is permanently connected with an office, but the office itself is said to be quasi ordinary, or jurisdictio vicaria . This form of jurisdiction ... jurisdiction can be granted, in varying degrees, to another as representative, without conferring on him an office properly so called. In this transient form jurisdiction is called delegated or extraordinary ... more details
Appellate jurisdiction is the power of the Supreme Court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right. Depending on the type of case and the decision below, appellate review primarily consists of an entirely new hearing a non trial de novo a hearing where the appellate court gives deference to factual findings of the lower court or review of particular legal rulings made by the lower court an appeal on the record . Courts of the United States Under Article Three of the United States Constitution , the judicial power of the United States is vested in the Supreme Court of the United States and the inferior courts established by law. http www.uscourts.gov rules appel2007.pdf Federal Rules of Appellate Procedure Standard of review Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court s decision, based on whether the appeal was one of fact or one of law. In reviewing an issue of fact, an appellate court ordinarily gives deference to the trial court s findings. It is the duty of trial judges or jury juries to find facts, view the evidence firsthand, and observe witness testimony. When reviewing lower decisions on an issue of fact, courts of appeal generally look for clear error .... See also Original jurisdiction Court of last resort Court of first instance Judicial review Exclusive jurisdiction Sources United States Constitution, Article III 1783 . http www.law.cornell.edu ... the United States Court of Appeals for the Federal Circuit can have jurisdiction of appeals from all .... The jurisdiction of the United States Court of Appeals for the Federal Circuit shall be limited to the jurisdiction described in sections 1292 c and d and 1295 of this title. http www.uscourts.gov ... agin. Category Appellate review Category Jurisdiction ... more details
US fed civ pro In the law of the United States , diversity jurisdiction is a form of subject matter jurisdiction subject matter fact date April 2012 jurisdiction in civil procedure in which a United States district court the trial court s of general jurisdiction in the United States federal courts federal ... person s, may also be included . Diversity jurisdiction and federal question jurisdictionjurisdiction ... jurisdiction in U.S. federal courts. The United States Constitution , in Article III of the United States Constitution Section 2 Judicial power, jurisdiction, and trial by jury Article III, 2 , gives ... legislation authorizing such jurisdiction. The provision was included because the Founding Fathers ... 99 1945 . In this decision, Justice Felix Frankfurter explained Diversity jurisdiction is founded on assurance ... courts circuit courts diversity jurisdiction in the Judiciary Act of 1789 . Diversity jurisdiction is presently codified at usc 28 1332 . Diversity of parties Mostly, in order for diversity jurisdiction ... party will destroy diversity of jurisdiction. Cities and towns incorporated municipalities ... , ussc 546 303 2006 . ref The diversity jurisdiction statute also allows federal courts to hear cases ... as a party completely destroys diversity jurisdiction, except for a class action or mass action ... in Caterpillar, Inc v Lewis, 519 U.S. 61 1996 , also held that federal jurisdiction predicated on diversity ... States Congress has placed an additional barrier to diversity jurisdiction, the amount in controversy ... as the main claim. See the article on federal supplemental subject matter jurisdiction here supplemental jurisdiction . The amount specified has been regularly increased over the past two centuries ... the case for lack of subject matter jurisdiction , or remand the case to state court if it arrived ... exceed 75,000 such that the legal certainty test will not bar Federal Court jurisdiction. Many plaintiff ... complicated than most state courts. Removal and remand Main Removal jurisdiction If a case is originally ... more details
US fed civ pro In the United States , removal jurisdiction refers to the right of a defendant to move a lawsuit filed in State court United States state court to the United States district court federal district court for the federal judicial district in which the state court sits. This is a general ... jurisdiction Removal is governed by statute , UnitedStatesCode 28 1441 et seq . With rare exceptions ... court. Removal requires an independent ground for subject matter jurisdiction such as diversity jurisdiction or federal question jurisdiction . A case must be removed to the federal district court that encompasses ... has diversity jurisdiction , is more restricted. Except in certain class action s governed ... object to removal if the only basis for federal jurisdiction is based on diversity of citizenship. The reason for the rule is that diversity jurisdiction is granted to shield the defendants from ... rule, removal jurisdiction may be proper as long as defendants can show that all defendants ..., under UnitedStatesCode 28 1446 b . An exception applies if diversity jurisdiction, and thus removal jurisdiction, is lacking at the time of the initial pleading in state court, but becomes ... U.S.C. 1446 b second paragraph . For example, a federal court would not initially have removal jurisdiction ... to evade federal jurisdiction. ref Tedford v. Warner Lambert Co. , 327 F.3d 423 5th Cir. 2003 ref Defendants may remove state law claims for which a federal court has only supplemental jurisdiction ... a notice to remove a case, jurisdiction is transferred automatically and immediately by operation ... or that the federal court does not have jurisdiction, the case is Remand court procedure remand ... to remove, and jurisdiction was not transferred until the federal court entered a formal order to that effect ... from federal court into state court. If the federal court lacks jurisdiction, the case is dismissed ... Category Jurisdiction ko ... more details
Unreferenced stub auto yes date December 2009 Discretionary jurisdiction is a legal term used to describe a circumstance where a court has the power to decide whether to hear a particular case brought before it. Most courts have no such power, and must entertain any case properly filed, so long as the court has subject matter jurisdiction over the questions of law which must be decided, and in personam jurisdiction over the parties to the case. Typically, the highest court in a state or country will have discretionary jurisdiction. The reason for this is that appellate courts in common law countries have two basic functions error correction and ensuring the orderly development of case law. In the first case, the appellate court simply examines the record and determines whether the lower court applied existing law correctly, and reverses and remands sends the case back for severe errors. That is, the parties may generally agree on the applicable law, but the appellant will contend that the trial court incorrectly interpreted and applied the existing law. In the second case, the appellate court rules on novel issues in a case, and under stare decisis , those rulings become new law in themselves. In those cases, the parties disagree vigorously if any existing legal rule even applies to the facts of the case, or the appellant may be deliberately trying to attack an established rule in the hope that the appellate court will overturn a prior decision and establish a new rule, or the question has been ruled upon by multiple intermediate appellate courts and is so perplexing that all the lower courts disagree with each other. An appellate court with discretionary jurisdiction is able to delegate error correction to lower courts, while it focuses its limited resources on developing ... process to choose which cases they will hear. DEFAULTSORT Discretionary Jurisdiction Category Civil procedure Category Jurisdiction Law term stub ... more details
For an article concerning the powers of courts and public authority see, Jurisdiction . Conflict of laws A jurisdiction is an area with a set of laws under the control of a system of courts or government entity which are different to neighbouring areas. ref For examples of usage of the word jurisdiction in this context, please see br cite web title State Corporate Admission Rules Nevada Rule 5.5 MJP UPL Current publisher Association of Corporate Counsel url http www.acc.com advocacy keyissues mjp NV.cfm accessdate 23 August 2010 br cite web title 2010 Illinois Rules of Professional Conduct RULE 5.5 Unauthorized Practice of law br Multijurisdictional Practice of Law publisher Illinois Attorney Registration & Disciplinary Commission url https www.iardc.org 2010 20Rule 205.5.htm accessdate 23 August 2010 br cite journal title Canada Common Law Jurisdictions work Declining Jurisdiction in Private International Law Reports to the XIVth Congress of the International Academy of Comparative Law place Athens date August 1994 url http www.questia.com PM.qst?a o&d 59311220 accessdate 23 August 2010 br br cite journal title Civil society in multi level public policy the case of Ireland s two jurisdictions last1 Acheson first1 Nicholas V. last2 Williamson first2 Arthur P. journal Policy & Politics volume 35 issue 1 date January 2007 page 25 publisher Policy Press url http www.ingentaconnect.com content tpp pap 2007 00000035 00000001 art00002 accessdate 23 August 2010 doi 10.1332 030557307779657711 ref Unitary state polity state s usually form single jurisdictions, whilst each federated state state in a federal state forms a separate jurisdiction. However sometimes certain laws in a federal state are uniform across the constituent states and enforced by a set of federal courts with a result that the federal state forms a single jurisdiction for that purpose. See also Political division ... Jurisdiction Area Category Conflict of laws Category International law International law stub ... more details
Summary jurisdiction , in the widest sense of the phrase, in English law includes the power asserted ... exclusively to certain forms of jurisdiction exercised by justices of the peace out of general or quarter .... Crim. Law , 6th ed., 113 . In other words all the summary jurisdiction of justices of the peace is the creation of statute. The history of the gradual development of the summary jurisdiction of justices ... is that summary jurisdiction has been conferred by statutes and by laws as to innumerable petty offences ... Acts. A court of summary jurisdiction is defined in the Interpretation Act 1889 as any justice or justices of the peace or other magistrate, by whatever name called, to whom jurisdiction is given by, or who is authorized to act under, the Summary Jurisdiction Acts, whether in England, Wales or Ireland, and whether acting under the Summary Jurisdiction Acts or any of them or any other act ... Summary Jurisdiction Acts means as to England and Wales the Summary Jurisdiction Acts of 1848 ... as to the exercise of summary jurisdiction is also regulated by acts of 1857 20 & 21 Vict. C. 1, c. 43 , 1884 47 & 48 Vict. C. 43 and 1899 62 & 63 Vict. C. 22 , and by the Summary Jurisdiction Process ... in a large number of statutes, and substituted the procedure of the Summary Jurisdiction Acts ... and to some extent also as to jurisdiction. Statutory authority As already stated, to enable ... of the accused 1879, s. 14 . With all indictable offences under heads 1 to 4, summary jurisdiction ... or summons under the Indictable Offences Act 1848. and the summary jurisdiction procedure does ... of the accused the summary jurisdiction procedure applies until on being informed of his option ... court house have certain jurisdiction to hear and determine the case, but cannot order a fine of more ... six months, but depends on the particular statute. Imprisonment under order of a court of summary jurisdiction .... The extent of the local jurisdiction of justices exercising summary jurisdiction is defined by s. 46 ... more details
Multiple issues essay like April 2011 refimprove April 2011 no footnotes April 2011 Space jurisdiction , a field addressing what countries can enforce various law s in outer space space , is becoming increasingly important as the private sector enters the field of space tourism . According to the Agreement Governing the Activities of States on the Moon and Other Celestial Bodies, known as the Moon Treaty , the jurisdiction for all laws regarding the heavenly bodies is turned over to the international community. International Treaties The majority of international treaties currently in existence address only specific aspects of space. No major treaties have been passed that have broad, sweeping jurisdiction in space, and it is largely unclear who would enforce such laws. The treaties currently in existence regarding space law include the following Outer Space Treaty , which limits orbiting weapons of mass destruction, related to the Partial Test Ban Treaty . United Nations Committee on the Peaceful Uses of Outer Space COPUOS , which addresses the legal problems of space exploration. Moon Treaty Trade in Space Issues of trade and crime in space have not been debated except with respect to the International Space Station . Agreements have involved all units in operation including Europe ..., space jurisdiction will play an integral part in developing international space law . The international community allowing space marriage raises questions relating to the jurisdiction under ... Jurisdiction Because countries are prohibited from claiming any resource in the solar system due to our ... committed in space in the future will likely fall under the jurisdiction and laws of the United Nations ... have extraterritorial jurisdiction over offence such as murder committed abroad by their nationals, and it is likely that a national government may attempt to exercise jurisdiction over spacecraft ... on Russian spacecraft. This would, however, leave jurisdiction on the International Space Station ... more details
Refimprove date November 2010 Extraterritorial jurisdiction ETJ is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can, of course, claim ETJ over any external territory they wish. But for the claim to be effective in the external territory except by the exercise of force it must be agreed either with the legal authority in the external territory, or with a legal authority which covers both territories. When unqualified, ETJ usually refers to such an agreed jurisdiction, or it will be called something like claimed ETJ . International law See also Universal jurisdiction Extraterritorial jurisdiction can apply internationally. For example, the United States has Status of Forces Agreement s with many nations which give the United States jurisdiction over members of its military. Cn date February 2012 Many countries have implemented laws which allow their nationals to be prosecuted by their courts for crimes such as war crimes and genocide even when the crime is committed extraterritorially. For example the United Kingdom has incorporated the International Criminal Court Act 2001 International Criminal Court Act into domestic law. It is not retroactive ... jurisdiction so that people that commit such crimes can not find protection in a country that does ... , extraterritorial jurisdiction of the various state governments and government bodies ... Extraterritorial jurisdiction plays a significant role in regulation of transnational anti competitive ... Business 2008 61 Vand. L. Rev. 1455 ref was introduced. The effects doctrine allows for jurisdiction ... Extraterritorial jurisdiction in the area of antitrust faces various limitations, such as the problem ... genocide. Many of them include clauses to allow extraterritorial jurisdiction. Footnotes references ... Jurisdiction EN.pdf Extra territorial jurisdiction of ECHR states , factsheet of ECtHR case law DEFAULTSORT Extraterritorial Jurisdiction Category International law Category Local government ... more details
Universal jurisdiction or universality principle is a principle in public international law as opposed to private international law whereby Sovereign state state s claim criminal jurisdiction over persons ... arbitrage . sources needed for whole paragarph The concept of universal jurisdiction is therefore closely ... s 1993 Belgium law of universal jurisdiction , which was amended in 2003 in order to reduce its ... implications for the exercise of universal jurisdiction by national courts the case of Belgium ... Court ICC in 2002 reduced the perceived need to create universal jurisdiction laws, although the ICC ... to Amnesty International , a proponent of universal jurisdiction, certain crimes pose so serious ... UNIVERSAL JURISDICTION Questions and answers ref Opponents, such as Henry Kissinger , argue that universal jurisdiction is a breach on each state s sovereignty all states being equal in sovereignty, as affirmed ... courts. Universal jurisdiction risks creating universal tyranny that of judges. ref name ... of Universal Jurisdiction publisher Foreign Affairs date July August 2001 ref ref name KR 2001 ... kenneth roth the case for universal jurisdiction.html title The Case For Universal Jurisdiction ... matter, since any number of states could set up such universal jurisdiction tribunals, the process ... 28 April 2006 ref Novelty There is disagreement over whether universal jurisdiction is an old ... jurisdiction has been around for a long time and gives examples that include American municipal legislation on aircraft hijacking dating from 1970, and that the concept of universal jurisdiction allowed ... of universal jurisdiction, it follows that such concepts are more than fifty years old. ref ... jurisdiction from the sixth edition of Black s Law Dictionary , published in 1990. Furthermore, cquote ... courts, where they have jurisdiction. Examples include the International Criminal Tribunal for the former ... CRAN 2003 Extraterritorial jurisdiction International jurisdiction differs from territoriality principle ... more details
Unreferenced date February 2009 Criminal jurisdiction is a term used in constitutional law and public ... supranational court or tribunal has criminal jurisdiction over its territory or citizen ... treaty treaties and conventions. Hence, whether a supranational court or tribunal will have jurisdiction ... government of the day. Extraterritorial jurisdiction Because each government is Parliamentary ... public policy justification to exercise jurisdiction over crimes committed by, or crimes committed ... acts have been committed. Jurisdiction may also be claimed over crimes on board the ship s and aircraft ... has jurisdiction over offences committed abroad, if it was committed by a British citizen see section .... At a level of conventional policy, there are two main theories to justify the exercise of jurisdiction The initiatory or subjective theory The state in which the sequence of events begins, claims jurisdiction ... for that state to claim jurisdiction to protect the interests of those who are present within its ... reus must permit a prosecution in this situation. The theoretical justification for this jurisdiction ... B, and seeking to found jurisdiction simply on the ground that Y died within its borders, is not wholly ... that, within the scope allowed by the federal constitution, have local territorial jurisdiction. There is a system of United States federal courts federal courts which have jurisdiction to hear charges alleging federal crimes, and state courts have jurisdiction to hear charges alleging violations of local state law. U.S. federal courts For a federal court to have jurisdiction, the crime to be prosecuted ... courts can also assert jurisdiction to hear cases brought against U.S. citizens based on their illegal ... be initiated in the appropriate court. But laws and rules are not always so clear. Concurrent jurisdiction ... states in which aspects of the criminal activity have taken place may wish to assert jurisdiction ... several states into a single trial law trial . One significant result of the concurrent jurisdiction ... more details
DISPLAYTITLE In rem jurisdiction In rem Latin , power about or against the thing ref cite book last Garner first Bryan title Black s Law Dictionary year 2006 publisher Thompson West location St. Paul, MN pages 362 ref is a legal term describing the power a court may exercise over property either real property real or personal property personal or a status against a person over whom the court does not have in personam jurisdiction . Jurisdiction in rem assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property quasi in rem jurisdiction . United States Within the U.S. United States Federal Courts federal court system , jurisdiction in rem typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court s jurisdiction. The most frequent circumstance in which this occurs in the Anglo American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of the vessel. Within the American State court United States state court systems , jurisdiction in rem may refer to the power the state court may exercise over real property or personal property or a person s marital status . State courts have the power to determine legal ownership of any real or personal property within the state s boundaries. A right in rem or a judgment in rem binds the world as opposed to rights and judgments inter partes which only bind those involved in their creation. Originally, the notion of in rem jurisdiction arose in situations in which property was identified but the owner was unknown. Courts fell into the practice of styling a case not as John Doe, Unknown owner of Property , but as just Ex Parte property or perhaps the awkward State v. Property , usually followed by a notice ... owner. Citation needed date July 2010 The use of this kind of jurisdiction in asset forfeiture cases ... more details
Adsorptive stripping voltammetry is similar to anodic stripping voltammetry and cathodic stripping voltammetry except that the preconcentration step is not controlled by electrolysis . The preconcentration step in adsorptive stripping voltammetry is accomplished by adsorption on the working electrode surface, or by reactions with chemically modified electrodes See also Voltammetry Electroanalytical Methods References Wang, J. 1985 . Stripping Analysis Principles, Instrumentation, and Applications, VCH Publishers, Inc., Deerfield Beach, Florida. External links http www.iupac.org publications pac 1989 pdf 6101x0097.pdf http www.prenhall.com settle chapters ch37.pdf Electroanalytical Category Electroanalytical methods analytical chemistry stub ... more details
Image Linear Potential Sweep Anodic Stripping Voltammetry.JPG right 400px thumb A Cleaning step, B Electroplating step, C Equilibration step, D Stripping step Anodic stripping voltammetry is a voltammetric method for quantitative determination of specific ionic species. The analyte of interest is electroplating electroplated on the working electrode during a deposition step, and oxidized from the electrode during the stripping step. The current is measured during the stripping step. The oxidation of species is registered as a peak in the current signal at the potential at which the species begins to be oxidized. The stripping step can be either Linear sweep voltammetry linear , Staircase voltammetry staircase , Squarewave voltammetry squarewave , or pulse. Electrochemical Cell Set Up Anodic stripping voltammetry usually incorporates three electrodes, a working electrode , auxiliary electrode sometimes called the counter electrode , and reference electrode . The solution being analyzed usually has an electrolyte added to it. For most standard tests, the working electrode is a mercury element mercury film electrode. The mercury film forms an amalgam chemistry amalgam with the analyte ... , gold , or platinum may also be used. Steps Anodic stripping voltammetry usually incorporates .... The last step involves raising the working electrode to a higher potential anodic , and stripping .... Stripping analysis is an analytical technique that involves i preconcentration of a metal phase ... of each metal phase species during an anodic potential sweep. Stripping analysis has the following .... Approximately 12 15 metal ions can be analyzed for by this method. The stripping peak currents and peak ... surface Hg or alternate Sensitivity Anodic stripping voltammetry can detect g l concentrations ... also Cathodic stripping voltammetry Adsorptive stripping voltammetry Voltammetry Electroanalytical ... user CHEM54201 Anodic 20stripping 20good.pdf Wang, J. 1985 . Stripping Analysis Principles, Instrumentation ... more details
Hair dye stripping , also known as color correction, is a process used to rid the hair of unwanted color. ref cite web title What is Hair Dye Stripping? url http a.wisegeek.com what is hair dye stripping.htm accessdate 7 November 2011 ref Procedure Hair stripping is similar to bleaching the hair, except that more intense products are used. The bleaching product raises sulfite levels and makes the hair more porous . This allows all of the color in the hair to be removed. After this process, the hair usually becomes a very ashey blonde color or often auburn. Other dyes may then be added to the hair. References references Hair colors Category Hair color Fashion stub ... more details
One source date March 2011 Cathodic stripping voltammetry is a voltammetric method for quantitative property quantitative determination of specific ionic species. It is similar to the trace radioisotope trace analysis method anodic stripping voltammetry , except that for the plating step, the potential is held at an oxidizing potential, and the oxidized species are stripped from the electrode by sweeping the potential positively. This technique is used for ionic species that form insoluble salt salts and will deposit on or near the anode anodic , working electrode during deposition. The stripping step can be either Linear sweep voltammetry linear , Staircase voltammetry staircase , Squarewave voltammetry squarewave , or pulse. See also Voltammetry Electroanalytical Methods References http www.drhuang.com science chemistry electrochemistry polar.doc.htm analytical chemistry stub Electroanalytical Category Electroanalytical methods it Voltammetria di ridissoluzione catodica ... more details
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