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Special Maritime And Territorial Jurisdiction Of The United States
In United States law, a federal enclave is a parcel of federal property within a state considered under the Special Maritime and Territorial Jurisdiction of the United States. These enclaves are used for the many different functions of the U.S. federal government including post offices, arsenals, dams, road, etc.; many are usually owned, secured, and administered by the U.S. federal government itself. The U.S., in many cases, has also received similar jurisdictional authority over privately owned properties which it leases, as well as privately owned and occupied properties which are located within the exterior boundaries of a large area (such as the District of Columbia and various national parks) which a state has ceded jurisdiction to. Since the late 1950s, it has been an official federal policy that states should have full concurrent jurisdiction on all federal enclaves,U.S. Report of the Interdepartmental Committee for the Study of Jurisdiction over Federal Areas Within the ...
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United States
The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 contiguous states border Canada to the north and Mexico to the south, with the semi-exclave of Alaska in the northwest and the archipelago of Hawaii in the Pacific Ocean. The United States asserts sovereignty over five Territories of the United States, major island territories and United States Minor Outlying Islands, various uninhabited islands in Oceania and the Caribbean. It is a megadiverse country, with the world's List of countries and dependencies by area, third-largest land area and List of countries and dependencies by population, third-largest population, exceeding 340 million. Its three Metropolitan statistical areas by population, largest metropolitan areas are New York metropolitan area, New York, Greater Los Angeles, Los Angel ...
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Northwest Ordinance
The Northwest Ordinance (formally An Ordinance for the Government of the Territory of the United States, North-West of the River Ohio and also known as the Ordinance of 1787), enacted July 13, 1787, was an organic act of the Congress of the Confederation of the United States. It created the Northwest Territory, the new nation's first organized incorporated territories of the United States, organized incorporated territories between British North America and the Great Lakes to the north and the Ohio River to the south. The upper Mississippi River formed the territory's western boundary. Pennsylvania was the eastern boundary. In the Treaty of Paris (1783), 1783 Treaty of Paris, which formally ended the American Revolutionary War, Kingdom of Great Britain, Great Britain ceded the region to the United States. However, the Confederation Congress faced numerous problems gaining control of the land such as the unsanctioned movement of American pioneers to the Northwest Territory, Amer ...
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World War II
World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the world's countries participated, with many nations mobilising all resources in pursuit of total war. Tanks in World War II, Tanks and Air warfare of World War II, aircraft played major roles, enabling the strategic bombing of cities and delivery of the Atomic bombings of Hiroshima and Nagasaki, first and only nuclear weapons ever used in war. World War II is the List of wars by death toll, deadliest conflict in history, causing World War II casualties, the death of 70 to 85 million people, more than half of whom were civilians. Millions died in genocides, including the Holocaust, and by massacres, starvation, and disease. After the Allied victory, Allied-occupied Germany, Germany, Allied-occupied Austria, Austria, Occupation of Japan, Japan, a ...
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Extraterritoriality
In international law, extraterritoriality or exterritoriality is the state of being exempted from the jurisdiction of local law, usually as the result of diplomatic negotiations. Historically, this primarily applied to individuals, as jurisdiction was usually claimed on peoples rather than on lands. Extraterritoriality can also be partly applied to physical places. For example, such is the immunity granted to diplomatic missions, military bases of foreign countries, or offices of the United Nations. The three most common cases recognized today internationally relate to the persons and belongings of foreign heads of state and head of government, government, the persons and belongings of ambassadors and other diplomats, and ships in international waters. Forms In the past, pre-modern states generally claimed sovereignty over persons, creating something known as personal jurisdiction. As people move between borders, this led, in the framework of a territorial jurisdiction, to cer ...
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International Law
International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, International organization, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, Trade, economic relations, and human rights. International law differs from state-based List of national legal systems, domestic legal systems in that it operates ...
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Civil Law (common Law)
Civil law is a major "branch of the law", in common law legal systems such as those in England and Wales and in the United States, where it stands in contrast to criminal law. Glanville Williams. '' Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2.W J Stewart and Robert Burgess. ''Collins Dictionary of Law''. HarperCollins Publishers. 1996. . Page 68. Definition 4 of "civil law". Private law, which relates to civil wrongs and quasi-contracts, is part of civil law, as is contract law and law of property (excluding property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons ( natural persons and legal persons) amongst themselves is the primary concern of civil law. The common law is today as fertile a source for theoretical inquiry as it has ever been. Around the English-speaking world, many scholars of law, philosophy, politics, and history study the t ...
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Assimilative Crimes Act
The Assimilative Crimes Act, , makes state law applicable to conduct occurring on lands reserved or acquired by the Federal government as provided in , when the act or omission is not made punishable by an enactment of Congress. History The first Assimilative Crimes Act was passed as § 3 of the Crimes Act of 1825. Purpose and interpretation Prosecutions instituted under this statute are not to enforce the laws of the state, but to enforce Federal law, the details of which, instead of being recited, are adopted by reference. In addition to minor violations, the statute has been invoked to cover a number of serious criminal offenses defined by state law such as burglary and embezzlement. However, the Assimilative Crimes Act cannot be used to override other Federal policies as expressed by acts of Congress or by valid administrative orders. The prospective incorporation of state law was upheld in ''United States v. Sharpnack'', 355 U.S. 286 (1957). State law is assimilated only ...
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State Law (US)
In the United States, state law refers to the law of each separate U.S. state. The fifty states are separate sovereigns, with their own state constitutions, state governments, and state courts. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. States retain the power to make laws covering anything not otherwise preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, state supreme courts are the final interpreters of state institutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of ''certiorari''. State courts regularly have concurrent j ...
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Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ...
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Federal Government Of The United States
The Federal Government of the United States of America (U.S. federal government or U.S. government) is the Federation#Federal governments, national government of the United States. The U.S. federal government is composed of three distinct branches: United States Congress, legislative, President of the United States, executive, and Federal judiciary of the United States, judicial. Powers of these three branches are defined and vested by the Constitution of the United States, U.S. Constitution, which has been in continuous effect since May 4, 1789. The powers and duties of these branches are further defined by Act of Congress, Acts of Congress, including the creation of United States federal executive departments, executive departments and courts subordinate to the Supreme Court of the United States, U.S. Supreme Court. In the Federalism in the United States, federal division of power, the federal government shares sovereignty with each of the 50 states in their respective t ...
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Shipyards
A shipyard, also called a dockyard or boatyard, is a place where ships are built and repaired. These can be yachts, military vessels, cruise liners or other cargo or passenger ships. Compared to shipyards, which are sometimes more involved with original construction, dockyards are sometimes more linked with maintenance and basing activities. The terms are routinely used interchangeably, in part because the evolution of dockyards and shipyards has often caused them to change or merge roles. Countries with large shipbuilding industries include Australia, Brazil, China, Croatia, Denmark, Finland, France, Germany, India, Ireland, Italy, Japan, the Netherlands, Norway, the Philippines, Poland, Romania, Russia, Singapore, South Korea, Sweden, Taiwan, Turkey, the United Arab Emirates, Ukraine, the United Kingdom, the United States and Vietnam. The shipbuilding industry is more fragmented in Europe than in Asia where countries tend to have fewer, larger companies. Many naval vessel ...
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Arsenal
An arsenal is a place where arms and ammunition are made, maintained and repaired, stored, or issued, in any combination, whether privately or publicly owned. Arsenal and armoury (British English) or armory (American English) are mostly regarded as synonyms, although subtle differences in usage exist. A sub-armory is a place of temporary storage or carrying of weapons and ammunition, such as any temporary post or patrol vehicle that is only operational in certain times of the day. Etymology The term in English entered the language in the 16th century as a loanword from , itself deriving from the term , which in turn is thought to be a corruption of , , meaning "manufacturing shop". Types A lower-class arsenal, which can furnish the materiel and equipment of a small army, may contain a laboratory, gun and carriage factories, small-arms ammunition, small-arms, harness, saddlery tent and powder factories; in addition, it must possess great storehouses. In a second-class a ...
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