Jurisdiction

Question: Jurisdiction? A statute, under which John is prosecuted, forbids and punishes anyone who knowingly and intentionally takes books from a public library within this jurisdiction. John admits taking the book, knowing it belongs to the public library. At his trial, John raises the following defenses. a. John claims that he was not aware that his act was prohibited by law and, therefore, contends that he should be acquitted. b. John also claims he consulted his attorney about his right to take the book and was advised by his attorney that it was all right. c. Further, John says he just could not help himself, that he saw the book and had to take it. A medical examination discloses that John is a kleptomaniac. d. Finally, John says that when he took the book, the librarian on duty nodded his head in an up-and-down motion.

Answer: None of these "defences will work" if by "taking" it you mean John was just not borrowing it...but meant to keep it. Ignorance of the law is no defence. Neither is a lawyer's bad advice. Maybe he can sue the lawyer in a civil case for damages for providing bad legal counsel, so long as he retained the lawyer and he got the advice before he took the book. Involuntary act is no defence either. It doesn't work for gambler's, alcoholics who drive drunk, sexual molesters (especially child molesters') etc, so it ain't gonna fly for kleptomaniacs. (see Winona Ryder) The last argument is iffy. Did John specifically ask the librarian if he could take the book and the librarian unequivocally nodded yes..then one might say that the library is estopped from bringing a complaint to the police against John, if they made the complaint. But it doesn't stop the police from bringing their own charge. It might be an interesting point that the librarian is a partner to the wrongful act by encouraging it and therefore could be prosecuted as well. I think John is going to lose this one.

Question: jurisdiction? Can a city police officer pull someone over out his jurisdiction, for example out in the county.

Answer: Depends on what State you are talking about. There are some East Coast States where Officers in Townships, Villages, etc have zero jurisdiction outside of their respective areas, but where I worked, in California, a Peace Officer has jurisdiction in the entire State. Meaning I could follow someone from San Diego to Eureka and still stop them legally. However, it is common courtesy to involve the local Agency if you are doing something in their area and out of yours. When I worked for a Cali Sheriff's Dept, I worked in a substation that was literallly at the end of the County. We routinely got asked by the neighboring Sheriff's Dept to help out, handle calls, etc in their areas as we were much closer and the need was urgent.

Question: How often does Law Enforcement of different jurisdiction fight over jurisdiction? For the folks involved in law enforcement, how often does law enforcement of different jurisdiction actually fight and bicker over jurisdiction? Is it like in the movies, when you see the FBI and municipal police arguing over who has jurisdiction over the case? Or is it more so them working together and helping each other out in the case?

Answer: Jurisdiction arguments with the FBI are few. When they come in to take over a bank robbery (the most common thing they get involved in) most are happy to let them have it. As far as trust goes that is another story. When the FBI gets involved, even in supposedly helping the locals on a case, they hide things, it is just their nature. If the locals case has elements that where already being investigated by the FBI the FBI often will not share info that can solve the case. That is because they often think that solving the case may put their own case jeopardy. Usually not true but again it is their culture not to share, just take. There are arguments between local departments as to jurisdiction all the time. For example say a body is found floating in a river that divides counties or cities. Both sides will usually argue that the investigation/body belongs to the other side.

Question: Who has jurisdiction to investigate a conspiracy against a planet? Don't wanna mention any names but there was an international conspiracy a few years ago to demean a planet. Who has jurisdiction to investigate and prosecute such a case?

Answer: No one does, just like no one has the jurisdiction to demote a planet. Any individual or group can issue a proclamation and claim to be "the" central authority on celestial objects, but unless there is worldwide consensus on this, especially among those in the field, their pronouncements are meaningless. In his recent NOVA special, Neil de Grasse Tyson recognized that there is no consensus among astronomers either for the IAU demotion of Pluto or against it. Professional astronomers who reject the IAU demotion already signed a formal petition noting their objection and saying they will not use the IAU planet definition. Instead of investigating a conspiracy, this group should simply go ahead and issue its own planet definition, which, if it is better than that of the IAU, will supercede it through popular usage. Sorry I was too late to answer the question on Ceres. Ceres is not an asteroid because it is large enough to be pulled into a round shape, a state known as hydrostatic equilibrium and characteristic of planets and not of shapeless asteroids. Pluto is in hydrostatic equilibrium as well. Because Ceres is very small, 19th century astronomers could not resolve it into a disk and therefore demoted it to asteroid. Now we know it is spherical so it is really a small planet.

Question: What is a jurisdiction transfer? How does an offender get transferred to a different state? I am looking for the lawful explaination of what a jurisdiction transfer is, but in simplier form. Perferably a transfer from the state of Indiana to the state of North Carolina. Also what does the transfer consist of if it is possible. Thank you for your help!

Answer: You don't get transfered from one state prison to another unless they happen to need overflow and send you out of state. What you're probably thinking of involves "states" in the sense of nations. (Remember each US state is truly a sovergin nation that has ceded some power to the federal government) There's a treaty that allows prisoner to be returned to their country of citizenship to serve out the remainder of their sentence. ie You're in jail in Mexico but are a US citizen. Under the treaty you could possibly apply to be transfered to a US federal prison to serve out the remainder of your jail in your home country.

Question: What consequences did a local jurisdiction face if they violated the Voting Rights Act of 1965? 1. One of the State's Senators is suspended from voting on the Senate floor for a period of six weeks. 2.A Federal designee is appointed to supervise and oversee the election process in the jurisdiction that has violated the act. 3.White candidates are excluded from the ballot during the next election in the offending jusidiction. 4.The Chief Justice of the Supreme Court will step in to make sure the next election is fair. Ive read and read , but i cant seem to find it

Answer: 2

Question: What is the pros and cons living outside city jurisdiction in Round rock tx? We are planning to buy a house but it is located outside the city jurisdiction. Any feedback will be helpful regarding living outside the city jurisdiction, in particular those in Round rock TX.

Answer: First consider the location. Location determines a lot of things like taxes, services,insurance ratings, etc. Look at the taxes entities: city taxes, school district taxes, community college taxes, county taxes, water district taxes, etc. Is the location such that you have a short ride into town or will you need to carefully plan your schedule so as to make only one trip to town because of the distance? What water and waste system you be using? Private well, septic system? What about solid waste or trash pick up. Is there a service or will you have to haul trash yourself. Also consider future repairs. If you will need to call a service to repair something, will you be charged more because you are farther away from the "city?" I'm not trying to discourage you for moving outside Round Rock. I moved from Temple out to a much smaller community with fewer services. But it's like being in the country without having to "rough it" since we have sewer system, water system and low, low, low taxes!

Question: How do law enforcement agencies determine which has jurisdiction over a case? Usually, it's the police, the sheriff, CHP, and federal has jurisdiction over the area. How do they know who takes over and where does the FBI get in?

Answer: If it occurs in the city, the police will normally take over, the sheriff would take anything in his county outside of the city limits. The Sheriff is the primary law enforcement officer for the entire county, however, as a professional courtesy they would not normally get involved if the crime occurred in the city. CHP is primarily traffic safety, and would have a limited role, if any, in a criminal investigation. The FBI only gets involved with federal crimes.

Question: What is the jurisdiction on an international contract? You're going to a fair in Switzerlan that deals with buying equipment. You're coming from Canada but first flying to the USA where you get briefed by a representative from France, then you go to Switzerland where you negotiate the purchase of the product that are made in Russia, shipped by a Greek vessel through Egypt. Where is the contract formed? Where is the Jurisdiction? Where was the acceptance of the contract?

Answer: The jurisdiction is set by the contract. All your moving around etc. has no impact on this.

Question: What is the jurisdiction of a border guard? Is a border guard a kind of police officer. Is it a state or federal police officer? I often come across 'border guard' in literature in my research, in various countries, but I'm not familiar with their jurisdiction or place in the scheme of policing.

Answer: In the United States, a border guard is a member of the US Border Patrol, and is a federal law enforcement officer. Their jurisdiction is all fifty states. They are specifically charged with the protection of the US borders, and with enforcing illegal people or contraband from entering the US. They are the bouncers at the front door of the club. - Stuart

Question: What is the jurisdiction for the Small Business Administration? I can't find it anywhere. What is the jurisdiction for the Small Business Administration?

Answer: This is from the Small Business Administration website http://www.sba.gov/ The U.S. Small Business Administration (SBA) was created in 1953 as an independent agency of the federal government to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation. We recognize that small business is critical to our economic recovery and strength, to building America's future, and to helping the United States compete in today's global marketplace. Although SBA has grown and evolved in the years since it was established in 1953, the bottom line mission remains the same. The SBA helps Americans start, build and grow businesses. Through an extensive network of field offices and partnerships with public and private organizations, SBA delivers its services to people throughout the United States, Puerto Rico, the U. S. Virgin Islands and Guam. I hope this helps answer your question.

Question: Who has more jurisdiction on probationers the receiving state or the sending one? The probationer's case is under advisement in the receiving state and the probationer has to comply with that state's court orders BUT the sending state wants to yank the probationer back so they can violate her. Who has jurisdiction now the receiving state? Can the receiving state tell the sending state that they will keep the probationer there?

Answer: yes.

Question: What does penal jurisdiction mean in this context? This trial showed once again the application of the "Colabelli Doctrine" in the Chubut province: conflicts that should have been settled in the civilian realm settled under PENAL JURISDICTION to ensure the "return" of lands to the accusing "owners" and in all cases the local landowners and multinationals. This allowed the ordering of preventive violent evictions before the ownership of the land was settled.

Answer: The jurisdiction authorized to impose punishment/sanctions for those who committed illegal acts.

Question: What is the jurisdiction of the US Secret Service Uniformed Division? The US Secret Service Uniformed division is assigned to guard the white house, vice presidents residence, etc. (As opposed to the special agents who are the actual bodyguards/counterfeit investigators) Is their jurisdiction just their post, Washington DC, or the whole US? To expand... Can a uniformed officer of the secret service make an arrest when off duty?

Answer: Wherever the President is, there will be uniformed officers for functions such as airport, hotel security etc................

Question: What could it mean when the military takes over jurisdiction on a civilian felony drug case? It has gone to civilian court and a deal has been offered, they gave 30 days to respond to the offer. Then today, the military informed that they are taking over jurisdiction. Have no idea what may come.

Answer: You need to become familiar with your rights under Article 31(b) of the Uniformed Code of Military Justice, because this case is going to a Courts Martial. From the sounds of it, they're going with either a Special or a General, ...Summary wouldn't give them the result they're looking for. I'm telling you, whomever this case is pertaining to, ...the government of the United States is coming after them with everything they have. Drugs are a very serious issue to the military, and when the government retains jurisdiction it usually means they are dis-satisfied with the way the civilian authorities are handling the case. This is going to be ugly.

Question: What is the consequence for a local jurisdiction that violated the Voting Rights Act of 1965? White candidates will be excluded from the ballot during the next election. A Federal designee is appointed to oversee the election process in the jurisdiction that has violated the act. The State Senator for that jurisdiction is suspended from voting on the Senate floor. The President will call in the National Guard for the next election.

Answer: A federal designee is appointed to oversee the election process in the jurisdiction that has violated the act.~ President Johnson signed the resulting legislation into law on August 6, 1965. Section 2 of the Act, which closely followed the language of the 15th amendment, applied a nationwide prohibition against the denial or abridgment of the right to vote on the literacy tests on a nationwide basis. Among its other provisions, the Act contained special enforcement provisions targeted at those areas of the country where Congress believed the potential for discrimination to be the greatest. Under Section 5, jurisdictions covered by these special provisions could not implement any change affecting voting until the Attorney General or the United States District Court for the District of Columbia determined that the change did not have a discriminatory purpose and would not have a discriminatory effect. In addition, the Attorney General could designate a county covered by these special provisions for the appointment of a federal examiner to review the qualifications of persons who wanted to register to vote. Further, in those counties where a federal examiner was serving, the Attorney General could request that federal observers monitor activities within the county's polling place.

Question: How many states have general jurisdiction trial courts? 10 points to the first correct anwser(s).... 1) How many states have general jurisdiction trial courts? 2) An attorney’s admission to practice before the courts of one jurisdiction does not automatically entitle the attorney to practice before the courts of other jurisdictions?

Answer: (Most) state court systems include the following; a Limited Jurisdiction Trial Court, referred to as an inferior trial court, a General Jurisdiction Trial Court, referred to as a court of record, Apellate Courts, and a Supreme Court. (Every) state has a General Jurisdiction Trial Court. These courts are referred to as Courts of Record because testimony and evidence is recorded for future reference. They hear cases that are not within the jurisdiction of Limited Jurisdiction Trial Courts (eg, felonies, civil cases over a certain dollar amount). Some states divide their General Jurisdiction Courts into two divisions, criminal and civil. The decisions handed down in these courts are appealable to an intermediate Appeals Court or the State Supreme Court.

Question: Can an officer of another jurisdiction issue a ticket or arrest a criminal? Even if the criminal was from a different jurisdiction. Any sort of help would be appreciated. Thank you.

Answer: It's a little complicated. An officer can stop any vehicle in any jurisdiction for a traffic offense. But the summons can only be issued by an officer in the jurisdiction that it occurred. That is because it has to be heard in that court. So what it means is, you can stop a vehicle out of jurisdiction, but you need an officer from the jurisdiction it happened in to write the summons. As for an arrest, the same applies. If the person is seen committing a crime, the officer can detain the individual, and have an officer from that jurisdiction make the arrest. The arrest would be made on the observation of the officer. If an arrest is made based on an active warrant, any officer in any jurisdiction can make an arrest. The subject would then be turned over to the jurisdiction that issued the warrant. State police have jurisdiction in their home state and can issue summonses and make arrests. Sounds confusing I know. I hope you understood what I was trying to say.

Question: Where is the jurisdiction line between the FBI and the US Military? Assuming the scenario is happening in America, what kind of event would the military have jurisdiction over the FBI, and what type of event would the FBI have jurisdiction over the Military? Are there any circumstances where Federal Agents and Military work together? What if there were a group of serial killers, continuing to cross state lines to murder more people? Well if there were people dropping bombs on us from planes, wouldn't that involve the U.S. Military taking action?

Answer: There are a number of major commands or headquarters that have an FBI or Secret Service person serving as a liaison officer when some requests for support cross certain lines of the military. One of the big ones is requests that come in for air transportability to Air Mobility Command (AMC) for presidential support and that is on a routine basis all the time when the president is going to travel. AMC in the past twelve years has provided aerial transport to a number of different federal agencies; among them the DOJ, FBI, ATF, DEA, OSHA, NOAH, FEMA and many others. The military is often tasked to give support to these agencies either through working agreements that they already have in place. An example of this is counter-drug operations and the war on drugs and the DEA. Special requests also come from the White House and the Directorate level of federal agencies to a lot of the services-not just the Air Force.

Question: What supreme court case made the distinction between personal jurisdiction and general jurisdiction? Looking for the best case to cite, when explaining the difference between general and specific jurisdiction.

Answer: International Shoe is the perennial favorite jurisdiction case. Such minimum contacts with the forum that the exercise of jurisdiction will not offend traditional notions of fair play and substantial justice...I can hear Rich Freer saying it on my PMBR CD now....