ipl-logo

Essay On Judicial Jurisdiction

827 Words4 Pages

I. INTRODUCTION
In International Law, jurisdiction is related to the concept of sovereignty and territory. In order to become a state, it must have territory and when a state has territory it is sovereign; and sovereign means it has supreme authority within its territory and is politically and legally independent with power to affect people, property and circumstances within its territory.
Jurisdiction on people and property is an important and crucial part of state sovereignty. According to Shaw, jurisdiction is concerning about the power of state under international law to regulate or otherwise impact upon people, property and circumstances and reflects the basic principles of state sovereignty, equality of states and non-interference in …show more content…

To make binding laws within its territory, prescriptive jurisdiction is referring to the supremacy of the organs that constitutionally recognized of the state.
Enforcement Jurisdiction has a meaning of the enforcement of the laws that only allowed within the state territory itself. A State cannot enforce its laws on the foreign territory without the permission or agreement from the host state; or else it will be liable for a violation of International Law.
Judicial jurisdiction is concerning about a particular country’s power courts of to try cases in which a foreign factor is present. In criminal judicial jurisdiction, the range is from the territorial principle to the universality principle; and in civil judicial jurisdiction, the range is from the mere presence of the defendant in the country to the nationality and domicile principles.
In implementing the jurisdiction, there are four types of immunities from jurisdiction under international law which are Sovereign Immunity, Diplomatic Immunity, Consular Immunity, and Immunities of International

Show More
Related

Blackhorse V. Pro-Football, Inc. Case

106 Words | 1 Pages

Jurisdiction means the power, right and authority to interpret and apply law, according to Mayer, Warner, Siedel, & Liberman (2015). The current petition for Blackhorse v. Pro-Football, Inc. (2014) was filed at the U.S. Patent and Trademark Office in Washington D.C. in 2006. The Trademark Trial and Appeal Board, which is an independent administrative tribunal within the United States Patent and Trademark Office, resolved the case. The office is authorized to determine a party’s right to register a trademark with the federal government, or if the party already owns a registration, it determines its right to maintain it according to Mayer, Warner, Siedel, & Liberman (2015).

Read More

Dbq Essay On The Judicial Branch

467 Words | 2 Pages

The argument/famous Supreme Court case Madison vs. Marbury asked us the question should the Judicial Branch be able to declare laws unconstitutional. I think the Judicial Branch should be able to declare a law unconstitutional. I believe this because the judicial branch is very small, they have no other checks on any other branch, and they don’t receive any money. The Judicial Branch is so small.

Read More

Declaration Of War Dbq

1044 Words | 5 Pages

The Constitution clearly grants the Congress the power to declare war in Article I, Section VIII. Article I Section VIII contains the enumerated powers, which is the life line of congressional power. This power is not shared with anyone, including the President. There is no limitation or condition on this power. The Congress can declare war at any time for any reason it wishes.

Read More

Judicial Branch Research Paper

946 Words | 4 Pages

The Constitution was originally divided into seven articles. The first article in the Constitution grants the Legislative Branch its powers along with its limitations. It states that the Legislative Branch- also known as Congress- is divided into two houses: the House of Representatives, and the Senate. Congress has the authority to manage money by taxing, borrowing money, and regulating trade. Additionally, other important powers Congress incorporates is the authority to raise armies and preserving the navy.

Read More

Judges Vs Federal Judges Essay

509 Words | 3 Pages

Federal Judges and Supreme Court Justices The process for electing a federal judge is both a simple, yet complicated one. A number of things take place between the need for a nominee and the appointment to a position. The basis for the nomination and appointment of federal judges and Supreme Court Justices is the Appointments Clause (Article II, Section 2, Clause 2) of the United States Constitution: “The President...shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law....” First a vacancy must be present at which time the President can make a nomination.

Read More

The Erie Doctrine

801 Words | 4 Pages

1. The Erie Doctrine ensures that any federal court that is located in a specific state abides by the laws of that same state. The Erie Doctrine is important because it helps determine what state laws will be applied in a case. There are many circumstances that would have to be considered, such as where the issue happened and if it happened in another state. The court that the case is presented to would have to decide where to continue the case and what laws would need to be used to achieve an accurate decision and a decision that does not violate the Constitution.

Read More

Safe Neighborhoods Act

451 Words | 2 Pages

According to Lee and Dong (2012), in April 2010, the Arizona State Legislature enacted the Support Our Law Enforcement and Safe Neighborhoods Act (“S.B. 1070”), which establishes or amends state immigration offenses and defines local police officers’ immigration law enforcement authority where Section 1 of S.B. 1070 states that the Arizona legislature’s goal in enacting this statute was to deter illegal immigrants from entering the country and from engaging in economic activity (Retrieved from https://www.law.cornell.edu/supct/cert/11-182). Although the State of Arizona is frustrated with the problem with illegal aliens, it cannot take the matter over their own hands without going through the United States Supreme Court Decision to make it equal for all states not just one.

Read More

The Constrained Court

429 Words | 2 Pages

Courts prove unsuccessful in achieving social change due to the constraints on the court’s power. Rosenburg’s assessment that courts are “an institution that is structurally challenged” demonstrates the Constrained Court view. In this view, the Court’s lack of judicial independence, inability to implement policies, and the limited nature of constitutional rights inhibit courts from producing real social reform. For activists to bring a claim to court, they must frame their goal as a right guaranteed by the constitution, leading to the courts hearing less cases (Rosenburg 11). The nature of the three branches also creates a system of checks and balances in which Congress or the executive branch can reverse a controversial decision, rendering the Court’s impact void.

Read More

Three Levels Of The Federal Courts Essay

492 Words | 2 Pages

The three levels within the federal courts are: the U.S. Magistrate Courts, the U.S. District Courts, the U.S. Courts of Appeals, and the U.S. Supreme Court. The magistrate courts are the lowest level and as such are limited to trying misdemeanors, setting bail amounts and assisting the district courts. The U.S. District Courts are the federal branch of original jurisdiction courts. These are responsible for criminal trials and giving guilty or not guilty verdicts. The U.S. Courts of Appeals are responsible for all the appeals from U.S. district courts.

Read More

Supreme Court Justice Research Paper

517 Words | 3 Pages

The court 's jurisdiction is its authority to hear cases of a particular type. The original jurisdiction is the authority to be the first court to hear a case. The supreme court 's most important work is the Appellate jurisdiction, which is the authority to review cases that have already been heard in lower courts and are appealed to a higher court by a losing party. Nearly all cases that reach the Supreme Court do so after the losing party in lower court asks the court to hear its case. The court issues a Writ of certiorari.

Read More

Supreme Court Case Essay

537 Words | 3 Pages

“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.

Read More

Essay On Judicial Selection

801 Words | 4 Pages

Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.

Read More

Assignment 1: The Legal Environment And The Court System

482 Words | 2 Pages

The Legal Environment and the Court System Dispute resolution is a term that refers to a number of processes that can be used to resolve a conflict, dispute or claim. Dispute resolution may also be referred to as alternative dispute resolution, appropriate dispute resolution, or ADR for short. Dispute resolution processes are alternatives to having a court (state or federal judge or jury) decide the dispute in a trial or other institutions decide the resolution of the case or contract. Dispute resolution processes can be used to resolve any type of dispute including family, neighborhood, employment, business, housing, personal injury, consumer, and environmental disputes. In addition, the United States Federal Government utilizes dispute resolution processes to assist government employees and private citizens resolve

Read More

Essay On Extraterritorial Jurisdiction

889 Words | 4 Pages

To govern oneself as one wished is an attribute of independence. A sovereign state may not be disturbed by another state unless it has given the right to intervene. When a state attaches legal consequences to conduct in another state, it exercises control over that conduct, and when such control affects essential interests in the foreign state, it may constitute an interference with the sovereign rights of that foreign

Read More

Essay On Monism Vs Dualism

1225 Words | 5 Pages

There are reasons for this, first is that, internal implementation of international law is always conditioned by a rule of the state’s municipal law. Clearly stating that international law’ internal interpretation is always governed by the municipal constitution. Second is that in national courts, even a monist country, their courts may fail sometimes to execute treaties which are binding under international law. United State law is an example of non-self-executing treaty. While dualist country’s courts, unincorporated treaties are given limited effect on the internal process.

Read More

More about Essay On Judicial Jurisdiction

Related Topics

Open Document