Principles of Jurisdiction Flashcards
3 Types of Jurisdiction states have with private parties.
- Legal/prescriptive→Is the legislation considered to be valid?
- Adjudication→Can the court hear the case?
- Executive→Power to enforce laws and decisions of the courts
How does the U.S. get jurisdiction?
1) Territorial
2) Nationality
3) Protective
4) Passive National
5) Universal Jurisdiction
Describe Territorial Jurisdiction
US as a state has complete control it can pass or enforce any laws and adjudicate any issues where:
o Subjective→ Things that happen here
o Objective→ Even if the action is taken outside but its effects are within the country then we have jurisdiction.
Describe Nationality Jurisdiction
No matter where you are US has jurisdiction over you are a citizen.(Blackmer)
Describe Protective Jurisdiction
Guarding the security or central interests of the state that is jeopardized by your actions outside the US
Ex. You gave false information for your Visa.
Universal Jurisdiction
- the crimes are so heinous that there is an interest in the international community that we are to combat it and the US can have jurisdiction over it. Ex. Piracy, genocide, etc.
American Banana (Territorial)
Facts: • McConnell bought American Banana, a Columbian company operating on what is now Panama (but was then part of Columbia).
•competitor, United Fruit, threatened American Banana, and eventually had Costa Rican soldiers invade Panama and seize the American Banana plantation.
o The plantation was eventually transferred in a Costa Rican court to United Fruit.
• McConnell sued in US Court under the Sherman Anti-Trust Act.
o United Fruit argued that the US did not have jurisdiction to hear the case.
Rule: US Supreme Court found that, in general, jurisdiction is territorial.
•”The acts causing the damage were done, so far as it appears, outside the jurisdiction of the US and within that of other States.” General and almost universal rule is that the character of an act as lawful or unlawful must be determined wholly by the law of the country where the act is done.
- Congress did not have intent for statute to apple out of US
•This decision was a very narrow construction of the limits of jurisdiction. They were later expanded in United States v. Aluminum Co. of America and Timberlane Lumber
Blackmer (nationality)
Facts: •Blackmer is a US citizen living in France but is not a French citizen so he cannot be protected by France
• He is going to be held liable for not returning to the US after having been subpoenaed as a witness bc he is still a citizen of the US and owes allegiances as such
•Still have to have due process→ The notice was the subpoenas
US v. Aluminum Co. of America (effects principle)
• Conduct outside US borders but Consequences here. We should be able to have jurisdiction but maybe sometimes we shouldn’t exercise it.
• Even though agreement was silent on US, it still affected the US.
•Question is → what is the effect on the US?
o If the effect is intended and substantial there is no question!!!!!
• We can have jurisdiction on a fact basis.
Sherman Act
Sherman Act that prohibits every contract, combination, or other conspiracy in restraint of trade among the several states or with foreign nations.
applies to foreign conduct that intends to produce and did in fact produce some substantial effect in the US
What is passive personality principle jurisdiction?
Protecting nationals even when abroad (think Lotus- Turkey protecting on the high seas)
