Search results
Results From The WOW.Com Content Network
The defendant never made an appearance on U.S. territory depriving the plaintiffs of one easy avenue of obtaining in personam jurisdiction over the defendant – the simple act of being able to serve process on the defendant while the defendant is visiting and within the territory of the United States (this would be the traditional territorial ...
The situation is different with respect to jurisdictional principles in the international context. The first difference concerns long-arm jurisdiction, which is the statutory grant of jurisdiction to local courts over out-of-state defendants. A long-arm statute authorizes a court in a state to exercise jurisdiction over an out-of-state defendant.
The International Court of Justice has jurisdiction in two types of cases: contentious cases between states in which the court produces binding rulings between states that agree, or have previously agreed, to submit to the ruling of the court; and advisory opinions, which provide reasoned, but non-binding, rulings on properly submitted questions of international law, usually at the request of ...
Download QR code; Print/export Download as PDF; Printable version; In other projects ... Personal jurisdiction over international defendants in the United States;
The Alien Tort Statute (codified in 1948 as 28 U.S.C. § 1350; ATS), also called the Alien Tort Claims Act (ATCA), is a section in the United States Code that gives federal courts jurisdiction over lawsuits filed by foreign nationals for torts committed in violation of international law.
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 ...
The English court only had jurisdiction to enforce the judgment if the defendant had submitted to the jurisdiction of the foreign court by voluntarily appearing in those proceedings. It was necessary, for the plaintiff to establish under English law that the defendant had expressly authorised the acceptance of the service of proceedings.
In English law, where murder and manslaughter are concerned, the English court has jurisdiction over offences committed abroad, if committed by a British citizen (see section 9 of the Offences against the Person Act 1861 and section 3 of the British Nationality Act 1948). In R v Cheong (2006) AER (D) 385 the appellant was living in Guyana in ...