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The effects doctrine is an offshoot of the territorial principle. Briefly, the effects doctrine says that if the effects of extraterritorial behavior or crimes adversely affect commerce or harm citizens within the United States, then jurisdiction in a U.S. court is permissible. The first case to establish the effects doctrine was United States v.
Criminal jurisdiction can be of an extraterritorial nature where: a nation asserts it either generally or in specific cases under its domestic law, a supranational authority (such as the United Nations Security Council) has created an international court to deal with a specific case (e.g. war crimes in a certain country), or
Burnham v. Superior Court of California, 495 U.S. 604 (1990), was a United States Supreme Court case addressing whether a state court may, consistent with the Due Process Clause of the Fourteenth Amendment, exercise personal jurisdiction over a non-resident of the state who is served with process while temporarily visiting the state.
Territorial jurisdiction in United States law refers to a court's power over events and persons within the bounds of a particular geographic territory. If a court does not have territorial jurisdiction over the events or persons within it, then the court cannot bind the defendant to an obligation or adjudicate any rights involving them.
The policing of transnational and international crimes is a challenge to state-based law enforcement agencies, as jurisdiction restricts the direct intervention a state's agencies can legally take in another state's jurisdiction, with even basic law enforcement activities such as arrest and detention "tantamount to abduction" when carried out extraterritorially. [3]
Another quirk is that because the superior courts are now fully unified with all courts of inferior jurisdiction, the superior courts must hear relatively minor cases that previously would have been heard in such inferior courts, such as infractions, misdemeanors, "limited civil" actions (actions where the amount in controversy is below $35,000), and "small claims" actions.
The two main courts judging extraterritorial cases were the Shanghai Mixed Court and the British Supreme Court for China. [32] Similar courts were established for treaty countries, e.g. the United States Court for China. [33] These had jurisdiction over the concession areas, which formally remained under Qing sovereignty. [34]
Criminal jurisdiction is a term used in constitutional law and public law to describe the power of courts to hear a case brought by a state accusing a defendant of the commission of a crime. It is relevant in three distinct situations: to regulate the relationship between states, or between one state and another;
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