similar to other sites. | 21. A Web presence has potential liability exposure | anywhere it can be accessed. | 22. A U.S. court ruled Yahoo’s sale of Nazi memorabilia | is protected by the First Amendment. | 23. Jurisdiction is |
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CHAPTER 2: EFFECTS DOCTRINE UNDER EU‚ US AND INDIAN LAWS. Under the Effects Doctrine‚ a State may assume jurisdiction when an act is committed in another State‚ by citizens or companies of other states‚ has effects in the former. This was accepted by the Permanent Court of International Justice in the S.S.Lotus case. Back in 1909‚ in the case of American Banana Co. v. United Fruit Co.‚ all the acts complained of were committed outside the territory of the United States‚ including the defendant’s
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Chapter IV of the Constitution of India. According to the Constitution of India‚ the role of the Supreme Court is that of a federal court and guardian of the Constitution. Articles 124 to 147 of the Constitution of India lay down the composition and jurisdiction of the Supreme Court of India. The Supreme Court is meant to be the last resort and highest appellate court which takes up appeals against judgments of the High Courts of the states and territories. Also‚disputes between states or petitions involving
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statutes! THE COURT SYSTEM Federal Courts & State Courts General vs. Specific Jurisdiction (general vs. specialized courts) – Exclusive Federal Jurisdiction Unlimited vs. Limited Jurisdiction Concurrent Jurisdiction 15 Trial vs. Appellate Courts Determining the Jurisdiction of a Court (or Where do I sue? – Subject Matter Jurisdiction (see above) – Personal Jurisdiction (see below) Personal Jurisdiction – General vs. specific/special – Service of Process (Geographic or Rules of Civil
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are three types of jurisdictions under the recording act: notice jurisdiction‚ race jurisdiction‚ and race-notice jurisdiction. In a notice jurisdiction‚ the purchasers will prevail over an earlier purchaser if the current purchaser had no knowledge of the transfer and there was no record of the earlier purchaser’s deed. In a race jurisdiction the determination of which party will prevail is based solely on which party has their deed recorded first. In a race notice jurisdiction the subsequent purchaser
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applied directly to the Supreme Court of the United States for a writ of mandamus to compel Jefferson’s Secretary of State‚ James Madison (Defendant)‚ to deliver the commissions. The Judiciary Act of 1789 had granted the Supreme Court original jurisdiction to issue writs of mandamus “…to any courts appointed‚ or persons holding office‚ under the authority of the United States.” Ironically‚ John Marshall later became Chief Justice of the Supreme Court and author of the case’s opinion Issues 1
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of Appeals which could issue a writ of habeas corpus enforceable in the entire country. However‚ the petition was denied by the Court of Appeals on the ground that it did not have jurisdiction over the case. It ruled that since RA 8369 (The Family Courts Act of 1997) gave family courts exclusive original jurisdiction over petitions for habeas corpus‚ it impliedly repealed RA 7902 (An Act Expanding the
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KENYATTA UNIVERSITY CITY CAMPUS NAME :OOKO BEVERLY ACHIENG ADM NO:D33S/CTY/11363/2012 COURSE:BUSINESS LAW COURSE CODE: LECTURER: TASK: STRUCTURE AND ORGANISATION OF THE COURT In pre colonial era‚ different communities had different ways of restoring justice. The African Traditional Communities used the fora of justice at family‚ shrines‚ churches and mosques. Other dispute resolutions mechanisms included: a.Reconsiliation: is the process of making it possible for two different ideas‚ facts
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Mete Yorgan‚ January 22‚ 2008 Cunningham and Attorney General for British Columbia v. Tomey Homma and Attorney General for Canada (1902) The case illustrates the impact of judicial decisions with respect to Provincial Jurisdictions vs. Federal Jurisdictions in Canada. Case Summarized: Tomey Homma was born in Japan. However‚ as a naturalized British Subject‚ he requested to be placed on the registry of voters in the Vancouver electoral district. The Provincial Elections Act of British
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GLOBAL AUDIT LEARNING AND DEVELOPMENT IAS 21 – The Effects of Changes in Foreign Exchange Rates AUDIT © [year] [legal member firm name]‚ a [jurisdiction] [legal structure] and a member firm of the KPMG network of independent member firms affiliated with KPMG International‚ a Swiss cooperative. All rights reserved. Printed in [country in which the publication will be printed]. FOR INTERNAL USE ONLY 1 Learning objectives ♦ Describe the definitions as per IAS 21 ♦ Examine and Assess how foreign
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