Authority of opposite decision on international law of other U.S. court of appeals in state court in instant circuit court Say the U.S. Court of Appeals for the 9th Circuit decides that the provision of a self-executing, ratified-by-the-U.S. international treaty which provides for an individual right does not provide such individual right. However, the Court of Appeals for the 7th Circuit decides (at a later time) that the treaty does indeed provide for an individual right in the U.S.. Is there, preferably a U.S. Supreme Court decision, or any other case law that decided that the newer circuit court decision relating to federal (or more narrowly relating to international law) should enjoy a rebuttable presumption to be correct over the older one or any case that decided that the circuit court with geographic jurisdiction should enjoy such a presumption regardless of its precedence or antecedence? Or else, is there anything similar that at least decided this question for the geographic jurisdiction of the 9th Circuit Court of Appeals, that is, is there such a precedent that declares it’s own authority in federal (or more narrowly) international law matters over the decisions of the U.S. court of appeals for any other circuit? I understand that such out-of-circuit cases may be cited without a problem, and they will definitely have persuasive authority (unlike, for e.g. generally unpublished decisions), but the question is whether geographic or the temporal instancy in opposing decisions makes one over the other binding authority.
The decisions of the U.S. Court of Appeals for the 9th Circuit are binding precedents on the lower federal courts of the 9th Circuit. The decisions of the U.S. Court of Appeals for the 7th Circuit are binding precedents on the lower federal courts of the 7th Circuit. These decisions are not binding precedents, even as to federal law, on state courts, or in any other circuits, although they are persuasive authority in all jurisdictions that don't have a contrary binding precedent. When two circuits reach contrary legal conclusions in binding precedents, this is called a circuit split. Sometimes, circuit splits are resolved by the U.S. Supreme Court (a large share of its docket is devoted to such cases). Sometimes Congress wakes up and enacts a law that resolves the dispute if it involves a non-constitutional issue. Sometimes (arguably, most of the time), circuit splits go unresolved for years or even decades, and the meaning of a federal law or a treaty in one part of the United States is different from the meaning of a federal law or a treaty in another part of the United States. In some other circuit where the legal issue that is the subject of the circuit split is question of first impression with no binding case law decided in that circuit, the U.S. Court of Appeals for the Second Circuit, for example, the parties will offer up persuasive authority from the 7th and 9th Circuits that have previously issued binding precedents on the issue and will try to argue that the one that favors them is correct, or that there is a third way to consider the issue that also favors them. Indeed, often the U.S. Supreme Court deliberately refrains from resolving circuit splits until a clear majority has emerged favoring one view or the other. Even simply counting how many circuit splits exist is a surprisingly tricky matter. For example, one database estimates that 29%-41% of U.S. Supreme Court decisions in recent years resolved circuit splits (at the same link) but that was realistically an underestimate. the question is whether geographic or the temporal instancy in opposing decisions makes one over the other binding authority. There is not. There is no procedural rule that resolves a circuit split.
Would a district judge within the Seventh Circuit be allowed to consider the full Bowman quote, or is it restricted to the Seventh Circuit's interpretation of the Bowman quote? &quot;Bowman quote&quot; aside, in case of conflict between SCOTUS and appellate precedents, a district judge ought to follow SCOTUS precedent to the extent that it directly controls the matter at issue. Otherwise, the district judge would propagate the appellate contravention of the principle formulated in Rodriguez de Quijas v. Shearson/American Express, Inc., 490 U.S. 477, 484 (1989): If a precedent of this Court has direct application in a case, yet appears to rest on reasons rejected in some other line of decisions, the Court of Appeals should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions. Bowman states that the legislative intent of extra-territorial operativeness is obvious for some types of crimes. In other words, that the legislator does not need to expressly indicate extra-territoriality for certain classes of crimes. Leija-Sanchez 602 F.3d 797 (2010) does not misconstrue Bowman. Instead, it truncated a statement therefrom. A truncated citation does not create precedent. Furthermore, that truncation is inconsequential because &quot;indeed, all of the conduct ascribed to Leija-Sanchez took place here&quot;, Leija-Sanchez at 801 (emphasis in original). That defeats defendant's argument regarding extra-territoriality. Even if a party attempted to take advantage of the truncation in Leija-Sanchez, the adversary would defeat that attempt by pointing out the material portion being omitted.
In brief: In common law systems, are there specific laws? Yes. Are they written down? Yes, here are the laws of Australia and New Zealand. Or are there only previous court rulings? No. Elaboration: Broadly (and rather vaguely) speaking there are 3 sources of law in a common law jurisdiction: Statute law which consists of the Acts passed by the legislature Administrative law which consists of the rules and regulations made by the administrative arm of government under the powers granted them by the constitution or delegated by the legislature Case law which consists of the decisions made by the courts; this can be decisions based on Long-standing precedents whose origins are lost in the mists of time Interpretations of statute and administrative law It is important to remember that the courts only get involved to resolve conflicts (civil or criminal) - they do not unilaterally make decisions on the law. Judges (if they are wise) never give opinions on the law - that is the role of solicitors and barristers who are the paid advocates of the parties. The role of a judge is to decide how the law fits the circumstances of the particular case before them. To do this they interpret the statutes, administrative rules and decisions made by other judges on similar cases. The decision of a superior court is binding on a subordinate court, persuasive on an equivalent court or a court in a parallel jurisdiction and subject to review by a superior court. The overwhelming majority of cases do not make new case law - most of the arguments in court are about why (or why not) the established law applies to the current facts; they are not about what the law is. Occasionally a decision will be made that modifies the previous interpretation or even more rarely represents a paradigm shift - those are the cases that matter!
In most US states such rules are set by the state's highest court, often but not always known as the State Supreme Court. The legislature could set such rules, but normally does not. It may authorize the court to do so. Mote that the Oregon rules (on a page easy to reach for the one linked above) say: Proposed changes to the Uniform Trial Court Rules (UTCR) and Supplementary Local Rules (SLR) are reviewed annually by the UTCR Committee. The committee makes recommendations to approve, disapprove or modify these proposals. After considering these recommendations, the Chief Justice or the entire Supreme Court, reaches a final decision on whether to approve or disapprove a proposed change. The Georgia rules state: **Rule 1. PREAMBLE **- Pursuant to the inherent powers of the Court and Article VI, Section IX, Paragraph I of the Georgia Constitution of 1983, and in order to provide for the speedy, efficient and inexpensive resolution of disputes and prosecutions, these rules are promulgated. Rule 1.6 The Council of Superior Court Judges shall have a permanent committee to recommend to the Supreme Court such changes and additions to these rules as may from time to time appear necessary or desirable. [Emphasis added] Many other states have somewhat similar procedures. Others including NY and California, set more of the rules by statute. On the Federal level, the various Federal Rules of Procedure (Civil, Criminal, and Supreme Court, perhaps others) are set by the Supreme Court, although they are usually drafted by an ABA committee Court appointed advisory committee and submitted to the Court for approval, I understand. Many (but not all) state rules closely imitate the Federal rules, down to the numbering and wording in many cases.
Websites are not ships that can choose a flag of convenience to govern which country's laws govern them. Generally speaking an analysis of which jurisdiction's law applies (which is strictly speaking a "choice of law" question as much as it is a jurisdiction question) isn't undertaken on a website by website, or business by business basis. Instead, jurisdiction and choice of law are evaluated on a claim by claim basis. The owners of a website may be subject to some claims in India, to some in Bhutan, and to others in the United States, depending upon the claim. Without knowing who is trying to sue for what, you can't know. Generally speaking, a business that operates in multiple jurisdictions, like a website, will be subject to the laws of all of the jurisdictions in which it does business in regard to claims with a connection to those jurisdictions. Of course, as a practical matter, only claims that can be enforced against the owners of the website are relevant, which usually means that only claims brought where the owners reside or own assets are relevant. If the website owners own property or have amounts payable to them in India, there is a very good chance that India can, as a practical matter, assert jurisdiction over them. And, it is likely, as a practical matter, that Saudi Arabia or China would not be able to assert jurisdiction over them in a meaningful way. The fact that businesses can be conducted through legal entities further complicates the analysis. But, at any rate, the place to begin is to realize that the question "Under which country's jurisdiction does a website fall?" is basically a category error. You need to ask "Under which country's jurisdiction does a website fall when it is sued or prosecuted for X kind of matter by someone who lives in Y?" So, really, this one question is actually dozens or hundreds of questions that each have to be analyzed individually.
The existence of a law/legal system is the province of sovereign states. We do not have a world government so there is no world legal system. There is such a thing as international law, however, that is based on what the sovereign nations of the world agree is international law (usually in a treaty) and the degree to which they have implemented them in domestic law. For example, the International Criminal Court has no jurisdiction over US nationals because the United States of America has refused to ratify the treaty that created it. There are also supra-national entities like the EU whose directives are binding on their member states and such states are required, as a condition of their membership, to enforce such directives domestically. A sovereign state's courts will decide when a person and their activities falls within their jurisdiction based on the circumstances of the particular case. For example, an Australian citizen can be prosecuted in Australia for paying a bribe to a foreign official in a foreign country even while working on behalf of a foreign company even if such activity is locally lawful. Why? Because Australia is a sovereign nation and it says it can. Sometimes it is impossible for a person to comply with the laws of multiple nations. For example, if the EU requires that certain data about their citizens is to be made confidential but the laws of the USA require a US corporation to disclose this information then it is impossible to comply with both. A person in such a position must decide which laws they will break. It is partly for that reason that multi-national corporations are usually multiple corporations i.e. they have a different corporate subsidiary in each jurisdiction (tax is another reason). For example, if all EU citizens do business with Google (Europe) then Google (USA) can rightfully claim that it has no data about European citizens to disclose.
No they are not the same statement. Who has jurisdiction? Let's disentangle a few things: A jurisdiction is an entity that has sovereignty to make, interpret and enforce its own laws. Each country in the world is a jurisdiction. Sub-national entities like states, provinces and municipalities may be a jurisdiction depending on the operation of law in the country they are part of. Some supra-national bodies like the EU and the UN are jurisdictions. To some extent, even companies, clubs and similar bodies are jurisdictions to the extent that they can make, interpret and enforce its own rules. A jurisdiction can decide that it has jurisdiction based on a whole raft of matters including: where the event took place where the party(s) are resident where the party(s) are citizens registration of things like planes, trains and automobiles if money passed through their financial system etc. A court or tribunal has jurisdiction if the jurisdiction has jurisdiction and it is the correct body within its jurisdiction to hear a particular matter. Which laws apply? Once a court or tribunal has decided that it does have jurisdiction it then needs to know what law to apply. This may be the law of their jurisdiction or another jurisdiction or both. Example For example, imagine there is a company in New York, USA that sells a product to a consumer in New South Wales, Australia. Further suppose that the contract says it will be governed by the laws of Ontario, Canada (don't ask me why). In the event of dispute, let's say the consumer begins proceedings in the Local Court in New South Wales. The New York company petitions the court to say that the correct forum is the court in Ontario, or New York, or Mexico where the product shipped from but certainly not New South Wales. The court in New South Wales will consider the jurisdictional arguments and decide if it does or does not have jurisdiction. If it decides that it doesn't then the customer would have to bring an action somewhere else (where the process repeats). Worth noting that the New York company would be precluded from arguing in that forum that New South Wales was the right jurisdiction because they can't have their cake ... If it decides that it does have jurisdiction then it would consider what law applies. Its quite probable that they would accept that the contract is governed by Quebec law. However, Australian law, most specifically the Australian Consumer Law would also apply. If there was a claim on a tortuous basis this might be New South Wales or New York law. They would then proceed to decide the case on the applicable law including working out how to reconcile any incompatibilities.
This is controlled by 8 U.S.C. § 1401 which details who qualifies for "birthright citizenship". Including of course the condition mandated by the 14th ammendment, Congress is otherwise free to bestow such citizenship essentially as it pleases by duly enacted legislation. One of the cases that receives birthright citizenship is a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States. So the presumption for young children found in the US is that they are citizens by birth. The law in particular requires positive proof that the individual in question was definitely not born in the United States. Lacking this, or it failing to be found prior to reaching the age of 21 years, they are citizens. For other cases, this will likely end up falling to the courts, who will decide the matter on the preponderance of the evidence. In this case it becomes the burden of the individual claiming citizenship to establish that they are a citizen*. Birth certificates can be filed after birth, and can be submitted as evidence. The laws controlling the validity of birth certificates is locally determined. If there are other birth certificates from other countries, or conflicting witness testimony, then it will fall to the court to decide which case is more likely based on the evidence available. *More accurately the burden generally falls on the entity making the claim about someone's citizenship (their own or someone else's). In a deportation hearing, for example, it falls to the government to establish the individual is not a US citizen. Deporation only applies to aliens, so the defendant must be established as such.