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Nationality Principle
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 to t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Subject-matter Jurisdiction
Subject-matter jurisdiction, also called jurisdiction ''ratione materiae'', is a legal doctrine regarding the ability of a court to lawfully hear and adjudicate a case. Subject-matter relates to the nature of a case; whether it is criminal, civil, whether it is a state issue or a federal issue, and other substantive features of the case. Courts must have subject-matter jurisdiction over the particular case in order to hear it. A court is given the ability to hear a case by a foundational document, usually a Constitution. Courts are granted either general jurisdiction or limited jurisdiction, depending on their type. For example, in the US, state courts have general jurisdiction over the affairs within their state. That means, for most cases, subject-matter jurisdiction of the State court (United States), state courts covers nearly all subjects within that state, such as family law, state criminal law, state civil claims, state tort claims, etc. That power is usually vested in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Long-arm Jurisdiction
Long-arm jurisdiction is the ability of local courts to exercise jurisdiction over foreign ("foreign" meaning out of jurisdiction, whether a state, province, or nation) defendants, whether on a statutory basis or through a court's inherent jurisdiction (depending on the jurisdiction). This jurisdiction permits a court to hear a case against a defendant and enter a binding judgment against a defendant residing outside the jurisdiction concerned. At heart, the constraints on long arm jurisdiction are concepts of international law, and the principle that one country ought not exercise state power over the territory of another unless some recognized exception applies. In municipal law, the authority of a court to exercise long-arm jurisdiction must be based upon some action of the defendant which subjects him or her to the jurisdiction of the court. United States Jurisprudence The United States Supreme Court, in '' International Shoe v. Washington'' and later on in '' World-Wide Vol ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Wiedhofft Gough
John Wiedhofft Gough (23 February 1900 - 1976) was a Welsh historian noted for his study of John Locke's political philosophy. Life and career Gough matriculated at Merton College, Oxford in 1918. Gough was described as an outstanding student whilst at Oxford, achieving a first in both the classics and modern history, in 1922 and 1923, respectively. He was a Lecturer at the University of Bristol between 1923 and 1931, and during this time spent a year as Visiting Lecturer at Western Reserve University, Ohio. In 1932 he was made a Fellow of Oriel College, Oxford Oriel College () is Colleges of the University of Oxford, a constituent college of the University of Oxford in Oxford, England. Located in Oriel Square, the college has the distinction of being the oldest royal foundation in Oxford (a title for ..., and in 1947 was appointed lecturer in modern history. He was awarded a DLitt in 1965.Brown, p. 339. Gough was twice married: firstly in 1926 to Margaret Christian, née R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admiralty Law
Maritime law or admiralty law is a body of law that governs nautical issues and private maritime disputes. Admiralty law consists of both domestic law on maritime activities, and conflict of laws, private international law governing the relationships between private parties operating or using ocean-going ships. While each legal jurisdiction usually has its own legislation governing maritime matters, the international nature of the topic and the need for uniformity has, since 1900, led to considerable international maritime law developments, including numerous Multilateralism, multilateral treaties. Admiralty law, which mainly governs the relations of private parties, is distinguished from the law of the sea, a body of International law, public international law regulating maritime relationships between nations, such as navigational rights, mineral rights, and jurisdiction over coastal waters. While admiralty law is adjudicated in national courts, the United Nations Convention on t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Flag State
The flag state of a merchant vessel is the jurisdiction under whose laws the vessel is Ship registration, registered or licensed, and is deemed the nationality of the vessel. A merchant vessel must be registered and can only be registered in one jurisdiction, but may change the jurisdiction in which it is registered. The flag state has the authority and responsibility to enforce regulations over Watercraft, vessels registered under its flag, including those relating to inspection, certification, and issuance of safety and Ship pollution, pollution prevention documents. As a ship operates under the laws of its flag state, these laws are applicable if the ship is involved in an Admiralty law, admiralty case. The term "flag of convenience" describes the business practice of Ship registration, registering a merchant ship in a state other than that of the ship's owners, and flying that state's civil ensign on the ship. Ships may be registered under flags of convenience to reduce operati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spacecraft
A spacecraft is a vehicle that is designed spaceflight, to fly and operate in outer space. Spacecraft are used for a variety of purposes, including Telecommunications, communications, Earth observation satellite, Earth observation, Weather satellite, meteorology, navigation, space colonization, Planetary science, planetary exploration, and Space transport, transportation of Human spaceflight, humans and cargo spacecraft, cargo. All spacecraft except single-stage-to-orbit vehicles cannot get into space on their own, and require a launch vehicle (carrier rocket). On a sub-orbital spaceflight, a space vehicle enters space and then returns to the surface without having gained sufficient energy or velocity to make a full Geocentric orbit, Earth orbit. For orbital spaceflights, spacecraft enter closed orbits around the Earth or around other Astronomical object, celestial bodies. Spacecraft used for human spaceflight carry people on board as crew or passengers from start or on orbit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Airspace
Airspace is the portion of the atmosphere controlled by a country above its territory, including its territorial waters or, more generally, any specific three-dimensional portion of the atmosphere. It is not the same as outer space which is the expanse or space outside the Earth and aerospace which is the general term for Earth's atmosphere and the outer space within the planet's vicinity. Horizontal boundary By international law, a state "has complete and exclusive sovereignty over the airspace above its territory", which corresponds with the maritime definition of territorial waters as being 12 nautical miles (22.2 km) out from a nation's coastline. Airspace not within any country's territorial limit is considered international, analogous to the "high seas" in maritime law. However, a country may, by international agreement, assume responsibility for controlling parts of international airspace, such as those over the oceans. Such airspace in respect of which a countr ... [...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", which under the doctrine of ''mare liberum'' (Latin for "freedom of the seas"), do not belong to any state's jurisdiction. As such, 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 "high seas" to mean "all parts of the sea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antarctica
Antarctica () is Earth's southernmost and least-populated continent. Situated almost entirely south of the Antarctic Circle and surrounded by the Southern Ocean (also known as the Antarctic Ocean), it contains the geographic South Pole. Antarctica is the fifth-largest continent, being about 40% larger than Europe, and has an area of . Most of Antarctica is covered by the Antarctic ice sheet, with an average thickness of . Antarctica is, on average, the coldest, driest, and windiest of the continents, and it has the highest average elevation. It is mainly a polar desert, with annual Climate of Antarctica#Precipitation, precipitation of over along the coast and far less inland. About 70% of the world's freshwater reserves are frozen in Antarctica, which, if melted, would raise global sea levels by almost . Antarctica holds the record for the Lowest temperature recorded on Earth, lowest measured temperature on Earth, . The coastal regions can reach temperatures over in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Extradition
In an extradition, one Jurisdiction (area), jurisdiction delivers a person Suspect, accused or Conviction, convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction. In an extradition process, one sovereign jurisdiction makes a formal request to another sovereign jurisdiction ("the requested state"). If the fugitive is found within the territory of the requested state, then the requested state may arrest the fugitive and subject them to its extradition process. The extradition procedures to which the fugitive will be subjected are dependent on the law and practice of the requested state. Between countries, extradition ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Visiting Forces Agreement
A visiting forces agreement (VFA) is an agreement between a country and a foreign nation having military forces visiting in that country. Visiting forces agreements are similar in intent to status of forces agreements (SOFAs). A VFA typically covers forces visiting temporarily, while a SOFA typically covers forces based in the host nation as well as visiting forces. Agreements While the United States military has the largest foreign presence and therefore accounts for most VFAs, other countries having troops temporarily serving abroad negotiate VFAs with states where they serve. Terms of operation VFAs are intended to clarify the terms under which foreign military is allowed to operate. Typically, a VFA is mainly concerned with the legal issues associated with military individuals and property. This may include issues like entry and exit into the country, tax liabilities, postal services, or employment terms for host-country nationals, but the most contentious issues are civil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Status Of Forces Agreement
A status of forces agreement (SOFA) is an agreement between a host country and a foreign nation stationing military forces in that country. SOFAs are often included, along with other types of military agreements, as part of a comprehensive security arrangement. A SOFA does not constitute a security arrangement; it establishes the rights and privileges of foreign personnel present in a host country in support of the larger security arrangement. Under international law a status of forces agreement differs from military occupation. Agreements While the United States military has the largest foreign presence and therefore accounts for most SOFAs, the United Kingdom, France, Australia, Germany, Italy, Russia, Japan, Spain, and many other nations also station military forces abroad and negotiate SOFAs with their host countries. In the past, the Soviet Union had SOFAs with most of its satellite states. While most of the United States' SOFAs are public, some remain classified. NATO has its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
