applicable laws and the conclusions of the Court. It would also provide a brief procedural history. Definitions Jurisdiction – the authority of a court to give a ruling on a case i.e. verdict in a legal dispute between two parties. Subject matter jurisdiction – the authority of a court to hear and decide on a certain case on the basis of specific subject or type Personal jurisdiction – as well the authority of courts over the two parties to decide on certain case Forum non conveniens or “inconvenient
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1. Give an example of a case that would fall under diversity jurisdiction. Explain all of the key elements of such a case. A federal court’s power to hear any case where the amount in controversy exceeds $75‚000 and no plaintiff shares a state of citizenship with any defendant. See 28 U.S.C. § 1332(a). Diversity jurisdiction is one of the two main types of subject-matter jurisdiction in federal court. Definition from Nolo’s Plain-English Law Dictionary The power of the federal courts to decide
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Marshall’s ruling was clear and concise. Marbury did have the right to his appoint under law. Marbury had the right to seek a remedy because he deemed himself injured but the Supreme Court could not issue the writ because it was not of original jurisdiction. If Marbury was to have went through a lower level court‚ the court would have issued the writ and taken his appointment as the chief justice of
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private law to solve problems in international legal relationships which arise from different legal systems. Every country has its own international private law. It deals with 3 main issues: 1. Jurisdiction in cases of litigation between 2 parties from different states (what court of law has jurisdiction?-EEX). 2. That the law will be applied in cases of international litigation between 2 parties (what law is to be applied?-ECO). 3. Solutions to legal problems arising out of an international legal
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Statement of the Problem The propensity of criminals to cross national borders--to engage in "transnational crime"-- is certainly not a new phenomenon; it is probably as old as the borders themselves. Borders were established to delineate the jurisdiction claimed by each state‚ and crossing national borders has often provided criminals with a way to mitigate or avoid the consequences of illegal acts. Yet in spite of a long‚ eventful history‚ there is strong evidence that transnational crime has
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Interstate Commerce‚ and harming a federal official while they are on duty. The Federal Courts are use for impeachment of a Public Official‚ disputes between two or more states‚ and Federal Courts have total jurisdiction over people filing bankruptcy in the U.S.. In my opinion‚ having total jurisdiction over people filing bankruptcy in the U.S. is most important role of Federal Courts. Many of people go to the Federal Courts to fight for their rights‚ and the Federal Courts has the ability to help them
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district court‚ circuit courts‚ and many others. Superior courts are by counties‚ hear appeals from inferior courts‚ have jurisdiction on major civil suits‚ serious crimes‚ and the nations jury trials occur. The appellate court is the highest state court involving appeals of state supreme courts where appeals are heard from the state superior courts and sometimes has jurisdiction on curtain important cases. New York is one of the largest states with intermediate appellate courts from superior
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Offshore Banking The term "offshore bank" originated with banks that were established on the British Channel Islands‚ off the coast of northwest France. These institutions were set up as tax havens to attract more investment. Currently‚ many jurisdictions where offshore banks are located do not tax deposits. Offshore banking is also known as "private banking." Functions of an Offshore Bank An offshore bank provides the same services as an onshore bank does. It is an institution in which to deposit
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detailed study. 2 Cyber Jurisdiction Internet creates virtual world. There are no demarcated boundaries between the people who utilize the web. The utility extends to information‚ e-banking‚ e-commerce‚ communication etc. the technology is open to hacking‚ pornography‚ gambling‚ identity-theft etc. This requires understanding of jurisdiction. Various principles have been evolved to decide the jurisdiction. To mention (1) minimum contest test (2) personal jurisdiction (3) long arm statutes. With
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S. Constitution is supported by a dual court system in which the power is shared between the state and the federal governments. Most criminal cases are tried in state court‚ whereas‚ federal crimes are tried in federal courts. Both courts have jurisdiction‚ although federal courts are limited to the cases heard. The state offers a broad capability to encompass more cases and averages 30‚000‚000 cases filed‚ whereas‚ the federal courts see a mere 1‚000‚000 cases (findlaw). State and federal governments
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