Responding Jurisdiction

Question: May a city police officer respond to a 911 call outside of his/her jurisdiction (in another city)? May an officer be disciplined for responding to a 911 call outside of jurisdiction? The officers responded to the call assuming they were the closest available. This may or may not have been true. Here's a nuance: the city actually issued a directive prohibiting responding outside jurisdiction, without requesting permission from a Sgt. to respond beforehand. what is the policy behind this? has this been litigated?

Answer: A city officer would most likely have jurisdiction. All city officers in my area are deputized. If the county officers are busy on another call, they will send us. We can not respond without being requested, but that is a matter of policy, not state law. State law gives the Sheriff the power to deputize municipal officers, and we have authority to act on a crime anywhere in the state, on or off duty. I'm sure that most, if not all, states have a similar policy.

Question: Jurisdiction and Getting sue Please Help 2 question i need hElp on? 1) If you are sued or your company, what are the likely responds and what can you do? In General anyone can be sueing you. What are the likely respods 2) How is Jurisdiction established? Thank you Best answer will be choosen =D For that person that answered me u Dumb kid I'm not being a Lawyer I'm taking the Business and Law Class, I just need to know what they are

Answer: I will be honest and say that your question really makes no sense, so I am going to my best and attempt to answer it. If you or your company is being sued, you will be served the lawsuit via registered agent or personal service. You will generally have 20 days to respond to the lawsuit via an Original Answer that must be filed with the Court that issued the Citation. Usually a General Denial is sufficient. You can always request Change of Venue if they claim the wrong jurisdiction. Jurisdiction is established based on where the subject matter of the dispute took place. For example, if your company is based out of Alabama, you bid a job in Texas. The location of the job is in Austin, Texas. You aren't getting paid. The proper jurisdiction would be the county of where the "subject matter" of the dispute is. Therefore, you would have to file in Travis County, Texas because the subject matter is non-payment for work on the job in Austin, Texas. The previous poster was partially incorrect regarding jurisdiction in their example. You always have to take into considering FEDERAL jurisdiction. If the "subject matter" crossed state lines, jurisdiction could be argued in a federal court. An example would be offenses occurring over the Internet.

Question: My jurisdiction has FAILED to repair pot holes and excessive potholes damaging my car. what to do? There are nasty big potholes all over my town. They have damaged my car's alignment and the tires too. I got tires changed for over $350. I'm tired of complaining to my local government and state government. They take absolutely no action and never respond. The intensity of nasty potholes is such that you can feel your spine shake, when the car goes over them. They act deaf and blind when complaint of potholes is registered. Why aren't they fixing the damn potholes? should i write letter to Obama?

Answer: Sure write to 0bama, he needs a good laugh. There is nothing you can do except complain to your local City Council as they are in charge of City Street Maintenance, not the Federal Government. Unless it is a U.S. Highway for which your State has been given its share of Federal Dollars to maintain them. The other roads a toss up between the State and County as for being responsible. Drive slower as responsibility for your auto lies on your doorstep, not some politician. They provide services as the tax dollars allow and they are not allowing much any more. Get used to it because it is going to get worse. L8r

Question: if a crime was committed in richton park and university park police responded are they out of jurisdiction? my boyfriend is being charged with armed robbery & burglary. The crime was committed in Richton Park, BUT, university park police responded and took him to will county. Both richton park police, and university park police were there, but u.p. took him to will county. He wasn't even in the right county. he was supposed to be in cook county, but he sat in will for 6 1/2 months until they realized he was in the wrong jurisdiction. Im just trying to figure out if u.p. police could have even arrested him in the first place, and if they're not are we able to file a motion to squash arrest, or any other motion.

Answer: Where is Richton Park? Where is University Park? Nice boyfriend. Do you always pick such winners? I just re-read your question and realized that you are implicitly admitting that your boyfriend committed the crime. Nice thing to do in a public forum. I wonder if the police where ever you are will check your computer. Gary

Question: During the last 20 years many jurisdictions have responded to the rise in prison population by?

Answer: a 216 percent increase over 20 years earlier TKN

Question: what would you do if your on duty haveing lunch? and a Citizen tells you a bank across the street is being robbed how would you respond who has jurisdiction and why?

Answer: if your a cop where I live you would just finish your lunch

Question: What is a United States Magistrate Judge? I have a civil case that I filed pro se in federal court. I have received a paper from the federal court stating: "Notice of Availability of a United States Magistrate Judge to Exercise Jurisdiction" What is the consequences of signing this paper? What is the benefit of signing this paper titled "Consent to the exercise of jurisdiction by a United States Magistrate Judge." I really want this case to remain in federal court because I was "home - towned" in the circuit court in a previous but related case really bad. I would appreciate a real attorney responding to this question. Thanks!

Answer: We pay Federal District Court judges some $165,000 a year to make decisions; so naturally that's the last thing they want to do. So Congress has created "Magistrate judges" (1) who have the delegated power hear motions, and even whole trials if all parties agree. Theoretically they are less formal, less costly and speedier. In practice that varies widely, depending on the district, its internal policies and the judge and magistrate to whom the case is assigned. The court will probably order that preliminary discovery issues if any be assigned to the magistrate. For anything else all parties must sign the consent check off form. Whether or not you should consent to additional jurisdiction for the magistrate is impossible to say without knowing a lot of factors which you haven't stated. (1) the history of magistrate judges is interesting. They descend from United States Commissioners created under the Fugitive Slave Act to hear cases regarding return of escaped slaves across state lines. Over the years US Commissioners performed various administrative judicial duties including issuing warrants and acting as masters to take evidence and make recommendations regarding factual disputes to Federal District Judges. A few years ago their jurisdiction was expanded & their title was changed. edit: Girly is wrong. The Notice has nothing to do with whether your case has been "accepted."

Question: Is it logical or reasonable to deny the existence of One Creator? The mutual assistance and co-operation of beings in the universe and the fact that they respond to one another show that all creatures are raised by a single Nurturer, are organized by a single Director, are under the jurisdiction of a single Disposer, are the servants of a single Lord. For through an all-embracing law of mutual assistance, the sun cooks the necessities for the lives of living beings on the earth through a command, and the moon acts as a calendar, and light, air, water, and sustenance hasten to the assistance of living beings, and plants hasten to the assistance of animals, and animals hasten to the assistance of human beings, and the members of the body hasten to assist one another, and particles of food even hasten to the assistance of the cells of the body. This most wise and generous mutual assistance of these beings, and their responding to one another’s needs and their supporting and strengthening one another in accordance with a law of generosity, a law of compassion, a law of mercy, show clearly and self-evidently that they are the servants, officials, and creatures of a sole, unique Single One of Unity, a Peerless Eternally Besought One, an Absolutely Powerful, Absolutely Knowing, Absolutely Compassionate, Absolutely Generous Necessarily Existent One. What do you think about it?

Answer: No, God is one and that's Allah ...... Found you i was searching you from 3-4 days in yahoo answers as i have lost my previous id thanks allah that i got you because i like your answers and questions i think you are the owner of Alhudapk site.........Yes na Please answer this question as u are so brilliant.... http://answers.yahoo.com/question/index;_ylt=AgzFFZXyejV9w1i.GQlZMKDsy6IX;_ylv=3?qid=20100627203734AA4gHpk

Question: Visa to India - Consulate Jurisdiction Question - Urgent!? I need to get a visa to India as soon as possible, but there seems to be one small problem: the Indian Consulates in America each have specific jurisdictions for an area of the country. If I am a resident of Illinois, the website says I need to apply at the Consulate in Chicago. However, I'm currently travelling on the east coast, and won't be back in Chicago before I'm supposed to leave for India! Does anyone know if I can apply in person at the Indian Consulate in New York, despite my being a resident of Illinois? Please respond ASAP, it's extremely important! Thanks!

Answer: Yes, you definately without a doubt apply in New York Consulate. Going to the New York one is not recommended for you but you could go to Chicago. In true Indian fashion people at the India embassy are extremely lazy and the ques at the line are extremely long and tiresome. Your visa won't come in 2 days , it will take WEEKs to come.

Question: Can i respond to divorce papers without a lawyer and will that count as responding? My husband is filing for divorce from NY where he has been residing for little over one year. NY states that a person must have been married in the state, lived in the state together, reason for divorce occured in the state or the filing spouse has lived there for 2 yrs. None of which apply to our case. I have 30 days to respond b/c i'm in FL. Can i send my own written responce with proof of what i have to claim lack of jurisdiction, or rather would that count as a responce legally? The paralegal i spoke to told me that would work just fine as a responce to divorce papers? Can I get some advice please? the paralegal happened be working in the same office as the lawyer my ex hired. I randomly called that city looking for representation and it's so small I called his lawyers office. I don't want it to be a set up that's why I'm asking, if I don't get the 48% of retirment i'm asking for then I will go ahead and get lawyer. For now I just want to respond on time that's all

Answer: You don' t need a lawyer to respond just when you have to go to court have a lawyer at hand with you. but i think your paralegal answered your question.. do you not trust her?

Question: I was served with a summons, what form do I respond with? I was served with a summons for collection of an old debt. The jurisdiction on the summons says that it is a "limited civil" case. I need to know what form to file to respond to the summons. My time is running out.

Answer: I would suggest going to the local courthouse and asking them. As the laws on the books are meant to screw over people. Realize that the government is always looking to expand at any cost necessary. Too bad we aren't free in this country.

Question: Can I install emergency lights on my car? I am a part time police officer who lives in ohio. I was wondering if I had police tags on my license plate, could I install police lights to respond to emergencies or help fellow officers in my jurisdiction.

Answer: As far as I heard, only cop cars, ambulances, and fire trucks can use the red and blue colored lights. Vehicles like wreckers, and highway maintenance, and trucks carrying wide loads can only use yellow lights.

Question: What does "Motion to dismiss for Lack of Jurisdiction" Mean? The IRS regional office has filed a "Motion to dismiss for lack of Jurisdiction". I wanted to know what this meant and if I should respond accordingly. Background: Earlier in 2008, I was sent a "Notice of Tax Deficiency," charging that I had not filed a 2005 tax return. I had and protested this action and filed a counter petition. The matter was recommended for referral to an arbitrator office. Months later, I received a similar Motion from the Tax Court saying that the original response to the "Notice of Deficiency" was imperfectly filed, and to file it again, but at this point the IRS Tax Court had assigned a different Docket Number to the case. (The Petition Number was not on all the pages of my first case submission - that was the reason for the "imperfect classification" on my prior filing and also that I had not paid the original $60 filing fee which I had. 

So, I went ahead and filed the required petition response and paid once again the $60 fee - not wanting to dispute the original fee payment at this point (which was paid the first time.) Next, I received a "Motion to Dismiss for Lack of Jurisdiction" from the original IRS Regional Office. Prior to this office sending me this "Motion" one of the agency staff paralegals called my home phone and left a message on my answering machine saying that she was filing to have the second docket dismissed as it was a duplicate to the first petition. I read the "Motion to dismiss for lack of Jurisdiction" and it is unclear on the intent (unless the intent is implied or understood). In light of these events, what is the best way to protect my rights in contesting the "Notice of Deficiency" apart from what I have already filed. I don't want the IRS to say that they are filing the "Motion" for one reason and then later change and say "...well that was not what the paralegal meant -your error -sorry."

Answer: There are two types of jurisdictions - personal and subject matter. These can be further broken down. For instance, if a defendant files a motion arguing the court lacks PERSONAL jurisdiction, this usually means that (a) the defendant was not properly served with the legal papers; or (b) the defendant has no sufficient ties to the forum state. This prevents a person in let's say Oregon from suing a New York resident when that NY defendant has no connection to Oregon, does no business there, etc. Lack of SUBJECT MATTER jurisdiction means the Court cannot hear the case because it is in the inappropriate forum (court) or the papers were not properly filed and actually before the court. Hope this helps.

Question: If I have filed a custody suit in California, but never went to court, can I re-file in Florida? Prior to my wife and I moving to Florida on military orders, my wife filed a custody suit against her ex. It was filed in California. He defaulted on the conditions, and we moved before we could go to court. He was served the paperwork, and never responded. We didn't persue any further. I need to know if I can re-file in the new county where I live. I am not sure if jurisdiction was established because no court order was ever administered. Help???

Answer: Talk to the lawyer who filed your original suit. You may have to go state-to-state, which takes...forever...or return to Cal. for a new hearing date.

Question: Can we file a Complaint for Declaratory Relief to obtain our rights under a Senate-ratified treaty? I have a group of several hundred friends and associates. We live in Asia. According to our reading of a US Senate-ratified treaty, we should have certain rights under US laws, and under the US constitution. However, local US government officials here in our country of residence refuse to answer our letters or applications for remedial treatment or assistance. In regarding to the filing a Complaint for Declaratory Relief in a US court, a law student in the USA said that we lack "case or controversy" to establish any facts sufficient to warrant jurisdiction ..... and quoted 28 USC 2201: In a case of actual controversy within its jurisdiction, .... upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could be sought. Can we get around this problem somehow? We have tried to contact government officials in the USA, but they don't respond to us either.

Answer: It just depends on what rights you think you're entitled to. You really should consult a lawyer. Government officials certainly aren't going to help you sue the government, but a lawyer might be interested. Are these rights you're suing for worth paying a lawyer? Or would a lawyer be willing to settle for part of the award? If not, then you're pretty much hopeless. Because if it's not worth getting a lawyer, then you can't do anything anyway. But again, it all just depends on what rights you're talking about. I've never heard of any such rights, but I'm not a lawyer. The lawyers know everything, if you've got the money. And even then, they can still lose your case. It's all really just a big crapshoot.

Question: Have any criminal charges been filed in the case of the woman who bled out on an ER floor? Police and Paramedics didn't respond to 911 calls because they didn't have jurisdiction. That's understandable. But for hospital staff to ignore the woman while housekeeping mopped up the blood she was lying in seems reprehensible. Is there more than a Civil Case here? A way for Public Prosecuotrs to hold the Hospital responsible?

Answer: According to out local news, the family has filed a civil suit against King Drew Medical Center. They're also talking about suing specific staff members. The hospital itself is up for inspection by the state to see if it is following all of the guidlines to keep it operational. That hospital has had many,many problems over the years. It's a shame too, because a lot of very low income people depend on that hospital for their healthcare. I worked in a hospital for 33 years. I just cant understand staff standing by and not doing anything about someone bleeding out on the floor. It's unbelieveable.

Question: Are Oklahoma homeschool laws the best ones? We are considering moving there because they are a green hslda state and have low property taxes. Here's the law. Required Subjects: None Home School Statute: None. 1. It is unlawful for a parent of a school aged child “to neglect or refuse to cause or compel such child to attend and comply with the rules of some public, private or other school, UNLESS OTHER MEANS OF EDUCATION [i.e., home schooling] ARE PROVIDED for the full term the schools of the district are in session.” 2. Oklahoma is the ONLY state with a constitutional provision guaranteeing the right to home school. Section 4, Art. 13 of the Constitution of Oklahoma guarantees the home school exemption by stating that the legislature “shall” provide for the “compulsory attendance at some public or other school, UNLESS OTHER MEANS OF EDUCATION ARE PROVIDED of all children in the State , between the ages of eight and sixteen, for at least three months each year.” It seems quite evident that the “other means of education” language is directly applicable to home schooling since it was added for the specific purpose of protecting the right of parents to choose home schooling. In 1907, during the Oklahoma Constitutional Convention, one of the delegates, Mr. Buchanan, proposed that the phrase “unless other means of education be provided” be added to Article 13, Section 4. Favorably responding to Mr. Buchanan’s proposal, another delegate, Mr. Baker stated, “I think Mr. Buchanan has suggested a solution. A man’s own experience sometimes will teach him. I have two little fellows that are not attending a public school because it is too far for them to walk and their mother makes them study four hours a day.” As a result of this discussion on home schooling, the “other means of education” language was added to Article 13, Section 4. OK-1 Oklahoma OK-2 3. Oklahoma law does not require parents to use certified teachers or state-approved curricula, initiate contact with, register with or seek approval from state or local officials, test their students or permit public school officials to visit or inspect homes. If a parent is teaching his children the basic subjects for at least 180 days, the law requires nothing more. 4. Home schools are not regulated, since the framers of the Oklahoma Constitution specifically intended “other means of education” to include home schooling and gave the state no authority to regulate that exemption from compulsory attendance. In Snyder v. Asbery (No. 78,045, Oklahoma Court of Appeals, Div. 2, May 18, 1993), the Oklahoma Court of Appeals returned two children to the custody of their home schooling father, reversing a lower court decision. On page 4 of the decision, the Court agreed with the home schooling father, stating “...the State Department of Education has no jurisdiction in home schooling. See 70 O.S.1991 § 3-104 … Okla. Const. art. 13, § 5….” 5. In the case, Sheppard v. Oklahoma, 306 P.2d 346 (Okla. Crim. App. 1957), the court held that requirements of school attendance laws could be met even though children were not attending public or private school. The court said “education may be furnished without attendance at any school.” Sheppard, at 353. The court also emphasized “it was incumbent on the state to offer proof” that “no other means of education was provided.” Sheppard, at 356. In other words, the state failed to carry its burden of proof since it failed to prove that “other means of education” was not being provided. The court indicated further that, if the state finds other means of education are being provided, then they must prove that the means of education is not “adequate and comparable” to instruction in public schools. Id. at 356. The court also suggested the state could inquire about the curriculum in two areas: period of instruction and subjects taught. Id. 6. The Oklahoma Supreme Court in School Brd. Dist. No. 18 v. Thompson, 103 P. 578, 24 Okla. 1 (1909), upheld parental rights against the public school’s authority. “Under our form of government … the home is considered the key stone of the governmental structure. In this empire, parents rule supreme during the minority of their children … they may … withdraw them entirely from public schools and send them to private schools, or provide for them other means of education. 7. According to Attorney General Opinion No. 73-129 (Feb. 13, 1973) Oklahoma law recognizes the right of parents to carry out this responsibility through home schooling “so long as the private instruction is supplied in good faith and equivalent in fact to that afforded by the State.” “Equivalency” has never been defined by any court or Attorney General opinion, nor is equivalency mandated by law. However, it seems clear that the point of the Attorney General opinion is that home schooling must not be used as a subterfuge for truancy. See Wright vs. State, 209 P. 179 (1922). 8. Under Sec. 10-109(A), an attendance or police officer may detain and assume temporary custody of a child “except for children being home schooled pursuant to Section 10-105.” Teacher Qualifications: None. Standardized Tests: Not required by statute. Oklahoma OK-3 Religious Freedom Act: Oklahoma Statutes, Section 251 of Title 51 The Religious Freedom Restoration Act (RFRA), passed with the help of HSLDA members, gives religious home schoolers another legal means to protect their right to home school. If the parents’ free exercise of religion is substantially burdened by having to comply with the homeschool law, the parents may use the RFRA as a defense or file suit against the state. Under this statute, the burden is on the state to prove that its requirement "furthers a compelling state interest" and is the "least restrictive means" of fulfilling its interest that children be educated. This Act restores the highest protection of the individual's right to freely exercise his religious beliefs taken away by the U.S. Supreme Court in its 1997 City of Boerne decision. 520 U.S. 507.

Answer: I personally think I came up with the best education laws ever: What do you think? For a general government plan, I was thinking of this:

Question: How Are Calls Dispatched? How are calls dispatched so that every officer doesn't respond to the same call and so that the police department is able to maintain proper police coverage in the other parts of the jurisdiction?

Answer: Police in large cities are assigns a patrol sector. In smaller cities you may only find one or two officers on duty at any given time. When a police dispatcher receives a call and needs to send an officer to investigate, she will normally call the first available officer. If both are available, she will normally alternate the calls between the two. so if unit 625 was sent on the last call, unit 717 would be sent on the next call if he is not busy.

Question: What good is a NON BINDING resolution in Iraq? So let me get this straight. Liberals are for CUTTING (our losses) AND RUNNING (from) Iraq, but almost immediately after gaining a 'mandate' from the public, Nancy Pelosi sticks it to the people by passing a non binding resolution that is completely outside of their jurisdiction, and therefore, unenforceable. Democrats don't support the troops in Iraq, but rather than voting to actually stop funding the war that puts them there, which is within the powers and abilities, the best Democrats can expect is a non-binding resolution that addresses the decision to go to war, which is, as far as I understand, not supposed to be in their purview. It's a good thing for Democrats that the electorate doesn't respond to inept leadership the same way Conservatives do. Conservatives respond to inept leadership by not turning out to the polls, which in essence is saying, 'why should I take time from my busy schedule to go and vote for someone who is not going to do what I have elected them to do?' Democrats respond by saying “It's Bush's fault! Rally the troops! Vote early, vote often!”. Apparently, it works. In American government, there is a concept of 'checks and balances'. Checks and balances, unlike the concept of 'separation of church and state', is an actual intentional concept, and not a side note written in personal journal. The Checks and balances are meant to ensure that no single branch of government carries too much weight or power. The president has the power to send troops to war, but he has to ask the Congress for the money to do it. If the congress feels that the president is 'over the line', they can respond by voting against giving him the money to continue action. The decision to go to war is probably not the type of thing that should be left to an elected committee, because committees have a tendency to lean towards the safest option, whereas individuals are more likely to Boldly go. That is why exploration in any field is generally backed with group support, and not led by group decision. That is why ships have captains, and not committees. Personally, I feel that if ANY of the house or senate actually thought that a pull out of Iraq would not mean the enemy would follow us back here, they would have have voted to stop funding the war a long time ago. Liberal Senators have put themselves in a precarious position, and ultimately, I think that it is the American people who will pay. There were 8 major attacks on American interests during Bill Clinton's time in office. During Carters presidency, Americans were held in Iran for 444 days, and released on the day that Ronald Reagan was sworn in. If History is any indicator, the war will continue, either over there, or over here. As a party, Democrats take the position of being 'anti-war', so the elected officials are to some extent, obliged to act on the behalf of the people who elected them. Unfortunately, in this case, acting on the behalf of the loudest people is the best way to damage all of the people. Up until now, I can not think of a satisfactory answer to a simple question that I have asked of many 'intellectual' Liberals. What if we pull out, and they make use of our Liberal border policy to come over and kill more Americans at home? In that circumstance, has the end of the war proven to be more beneficial than the continuance of the war? I'll go ahead and show my conservative bias now, in my mind, if you say that it is better to lose more American civilians at home than it is to lose fewer servicemen in Iraq, I find it very difficult to take you serious as an intelligent individual, Since the attacks on September 11th, we have lost more American Civilians at home to illegal aliens than we have lost servicemen in Iraq. When you start thinking about how many of the servicemen were killed by actual Iraqis, as opposed to the international fighting force known as Al Qaeda, our losses could be considered negligible. I am a registered Democrat, and I will vote in the next democratic primary, just as I did in the last one. When the next election comes around, I will vote Republican, just like I did last time. If the Republicans don't wake up and grow a pair, I might vote independent, but barring an extreme reality check, I will not be voting with the party. I want for the party what the party seems to want for the nation. Dissection and reassembly, as something else.

Answer: Very good question that I will explain the purpose of. The reason Congress went with a resolution and not a binding-bill is that a resolution can not be vetoed... a bill can be rejected/vetoed. By passing this resolution that doesn't give the president the option of vetoing it, it goes on the record that Congress does not approve of his military actions. A vetoed bill would not go on record but rather, get sent back to Congress for an additional vote.

Question: couple questions about crime in the 21st century? it's for a criminology class.. How will new technologies affect law enforcement and individual rights? How will police departments and prosecutorial agencies respond to new vanguards in criminal justice? Do traditional notions of "jurisdiction" and national boundaries hinder the ability to investigate crimes in the new "cyberworld?"

Answer: enhance investigation and criminal cant get away with it. photographs. dna. tracking. gps. they will be more professional abuse will reduce. police will not wield too much power but will help in community building and bonding. they become friends and law enforcers and get people toabide by the rules. police will lead the way to a more harmonious society. corruptionwithin police will cease / reduce interpol is the onstrument to which we bridge that national borders. police have to be ahead to tackle crimes against humanity and international crimes. cirme knows no borders. so must the police