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Personal Jurisdiction Over International Defendants In The United States
Questions over personal jurisdiction over foreign defendants in the United States arise when foreign nationals commit crimes against Americans, or when a person from or in a different country is sued in U.S. courts, or when events took place in another country. Such cases arise when crimes are committed on the high seas or on international flights, when crimes are alleged to be committed by or against Americans in foreign countries (such as under the Foreign Corrupt Practices Act), or when crimes are committed by foreigners against Americans. The Internet also allows computer crime to cross international boundaries. Mechanism in public international law for exercising jurisdiction over an international defendant There are several mechanisms in public international law whereby the courts of one country (the domestic court) can exercise jurisdiction over a citizen, corporation, or organization of another country (the foreign defendant) to try crimes or civil matters that have affect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has ''personal'' jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction. A similar principle is that of standing or ''locus standi'', which is the ability of a party to demonstrate t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Waters
The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems ( aquifers), and wetlands. "International waters" is not a defined term in international law. It is an informal term, which sometimes refers to waters beyond the "territorial sea" of any country. In other words, "international waters" is sometimes used as an informal synonym for the more formal term high seas or, in Latin, ''mare liberum'' (meaning ''free sea''). International waters (high seas) do not belong to any state's jurisdiction, known under the doctrine of 'mare liberum'. States have the right to fishing, navigation, overflight, laying cables and pipelines, as well as scientific research. The Convention on the High Seas, signed in 1958, which has 63 signatories, defined ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Cogens
Jus may refer to: Law * Jus (law), the Latin word for law or right * Jus (canon law), a rule within the Roman Catholic Church People * Juš Kozak (1892–1964), Slovenian writer * Juš Milčinski, Slovenian theatre improviser * Justin Jus Oborn (born 1971), British lead guitarist and songwriter of the band Electric Wizard Other uses * Jus Reservoir, in Malacca, Malaysia * Japan-US (cable system), a submarine telecommunications cable * Jupiter Upper Stage, a proposed American rocket stage * Yus or jus, a letter in the Cyrillic alphabet * abbreviation for jussive mood, a grammatical mood * JUS, IATA code for USA Jet Airlines, an American cargo airline * jus, ISO 639-3 code for the Jumla Sign Language See also * Au jus ('with juice'), a culinary term referring to sauce served with meat * IUS (other) * Juss (other) *Juice Juice is a drink made from the extraction or pressing of the natural liquid contained in fruit and vegetables. It can a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peremptory Norm
A peremptory norm (also called or ' ; Latin for "compelling law") is a fundamental principle of international law that is accepted by the international community of states as a norm from which no derogation is permitted. There is no universal agreement regarding precisely which norms are ''jus cogens'' nor how a norm reaches that status, but it is generally accepted that ''jus cogens'' bans genocide, maritime piracy, enslaving in general (i.e. slavery as well as slave trade), wars of aggression and territorial aggrandizement, torture, and refoulement. The latter two are evolving and controversial as they rest mainly on the definition of torture in regards to criminal sentencing. If sentencing is not cruel, inhuman or degrading but arbitrary or disproportionate convictions are imposed then a state's ''refoulement'' – where limited to the returning of unsubstantiated asylum claimants – may still be lawfully conducted to many such countries which are juridical ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Universal Jurisdiction
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are ''erga omnes'', or owed to the entire world community, as well as to the concept of '' jus cogens'' – that certain international law obligations are binding on all states. According to Amnesty International, a proponent of universal jurisdiction, certain crimes pose so serious a threat to the international community as a whole that states have a logical and moral duty to prosecute an individual responsible; therefore, no p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Security
National security, or national defence, is the security and Defence (military), defence of a sovereign state, including its Citizenship, citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against Offensive (military), military attack, national security is widely understood to include also non-military dimensions, including the security from terrorism, minimization of crime, economic security, energy security, environmental security, food security, and Computer security, cyber-security. Similarly, national security risks include, in addition to the actions of other nation states, action by violent non-state actors, by narcotic cartels, and by multinational corporations, and also the effects of natural disasters. Governments rely on a range of measures, including Political power, political, Economic power, economic, and military power, as well as diplomacy, to safeguard the security of a nation state. They may also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court
The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district court has at least one courthouse, and many districts have more than one. District courts' decisions are appealed to the U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court. District courts are courts of law, equity, and admiralty, and can hear both civil and criminal cases. But unlike U.S. state courts, federal district courts are courts of limited jurisdiction, and can only hear cases that involve disputes between residents of different states, questions of federal law, or federal crimes. Unlike the U.S. Supreme Court, which was established by Article III of the Constitution, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Motion (legal)
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the ''moving party'', or may simply be the ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case. Terminology varies from one jurisdiction to another. In Scots law, the terms "accused" or "panel" are used instead in criminal proceedings and "defender" in civil proceedings. Another term in use is "respondent". Criminal defendants In a criminal trial, a defendant is a person accused ( charged) of committing an offense (a crime; an act defined as punishable under criminal law). The other party to a criminal trial is usually a public prosecutor, but in some jurisdictions, private prosecutions are allowed. Criminal defendants are often taken into custody by police and brought before a court under an arrest warrant. Criminal defendants are usually obliged to post bail before being released from custody. For serious cases, such as murder, bail may be refused. Defendants ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Eastern District Of Louisiana
The United States District Court for the Eastern District of Louisiana (in case citations, E.D. La.) is a United States federal court based in New Orleans. Appeals from the Eastern District of Louisiana are taken to the United States Court of Appeals for the Fifth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). , the Interim United States Attorney for the Eastern District of Louisiana is Duane A. Evans. Jurisdiction This district comprises the following parishes: Assumption, Jefferson, Lafourche, Orleans, Plaquemines, St. Bernard, St. Charles, St. James, St. John the Baptist, St. Tammany, Tangipahoa, Terrebonne, and Washington. History On March 26, 1804, Congress organized the Territory of Orleans and created the United States District Court for the District of Orleans—the only time Congress provided a territory with a district court equal in its authority and jurisdic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grand Jury
A grand jury is a jury—a group of citizens—empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand jury is separate from the courts, which do not preside over its functioning. Originating in England during the Middle Ages, grand juries are only retained in two countries, the United States and Liberia. Other common law jurisdictions formerly employed them, and most others now employ a different procedure that does not involve a jury: a preliminary hearing. Grand juries perform both accusatory and investigatory functions. The investigatory functions of grand juries include obtaining and reviewing documents and other evidence, and hearing sworn testimonies of witnesses who appear before it; the accusatory function determines whether there is probable cause to believe that one or more persons committed a par ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comity
In law, comity is "a practice among different political entities (as countries, states, or courts of different jurisdictions)" involving the "mutual recognition of legislative, executive, and judicial acts." Etymology Comity derives from the Latin ''comitas'', courtesy, from ''cemis'', friendly, courteous. International law The doctrine of international comity has been described variously "as a choice-of-law principle, a synonym for private international law, a rule of public international law, a moral obligation, expediency, courtesy, reciprocity, utility, or diplomacy. Authorities disagree as to whether comity is a rule of natural law, custom, treaty, or domestic law. Indeed, there is not even agreement that comity is a rule of law at all." Because the doctrine touches on many different principles, it is regarded as "one of the more confusing doctrines evoked in cases touching upon the interests of foreign states." The doctrine of international comity was created by a group of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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