- Incorporated national territory, within which all residents are considered American citizens.
- Unincorporated national territory. This can include territories in which the residents do not have full rights.
- Trust territories or dependencies. These are territories with some of the attributes of a nation-state but not full independence, administered by a nation, perhaps with international sanction.
- Occupied territories. These are usually the result of war and conquest, and ruled by martial law imposed by the conqueror.
- International commons. Territory not under the jurisdiction of any nation, but open to use by all, subject to treaty restrictions. This includes the high seas beyond coastal territorial limits, Antarctica, and Outer Space.
Monday, 18 August 2014
Types of jurisdictional territory within the international system
Monday, 4 August 2014
General personal jurisdiction
A company doing business on the Internet may be sued for any reason in any jurisdiction where it is incorporated or has its center of operations.[3] A court may also have general jurisdiction over a party if it has systematic and continuous contacts with the state where the suit is being brought.[4] The strict requirements for general personal jurisdiction, which would apply to all types of claims whether or not related to the specific contacts at issue, make the theory less applicable for most Internet claims where a party is not deemed "present" in a forum for all purposes.
Monday, 14 July 2014
What is Territorial jurisdiction?
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. Territorial jurisdiction is to be distinguished from subject-matter jurisdiction, which is the power of a court to render a judgment concerning a certain subject matter, or personal jurisdiction, which is the power of a court to render a judgment concerning particular persons, wherever they may be. Unlike subject-matter jurisdiction, territorial jurisdiction may be waived, even unintentionally, by a defendant. Personal jurisdiction, territorial jurisdiction, subject-matter jurisdiction, and proper notice to the defendant are prerequisites for a valid judgment.
Ref: http://en.wikipedia.org/wiki/Territorial_jurisdiction
Ref: http://en.wikipedia.org/wiki/Territorial_jurisdiction
Monday, 7 July 2014
What is Subject-matter jurisdiction?
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases.
Subject-matter jurisdiction must be distinguished from personal jurisdiction, which is the power of a court to render a judgment against a particular defendant, and territorial jurisdiction, which is the power of the court to render a judgment concerning events that have occurred within a well-defined territory. Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived. A judgment from a court that did not have subject-matter jurisdiction is forever a nullity.[citation needed]
To decide a case, a court must have a combination of subject (subjectam) and either personal (personam) or territorial (locum) jurisdiction.
Ref: http://en.wikipedia.org/wiki/Subject-matter_jurisdiction
Wednesday, 5 March 2014
Lawsuit filed against Milwaukee Wave, team CEO Sue Black
MILWAUKEE (WITI) — FOX6 News has learned the Milwaukee Wave, and Milwaukee Wave CEO/Owner Sue Black are being sued. The lawsuit alleges Black and the Wave have failed to repay two loans, and have failed to pay invoices for promotional merchandise.
The plaintiffs in this case, bringing the suit are Thomas Phillips of Caledonia and A&J Promotions of Franklin.
A copy of the lawsuit says shortly after Black became the Wave’s owner, she borrowed $200,000 from Phillips to help her fund the business.
The two entered into a promissory note on March 9th, 2013, memorializing the terms of this loan.
Under the promissory note, Black agreed to repay Phillips the entire principal balance of $200,000, plus all accrued interest (at an interest rate of 6% per year), by March 13th of 2014.
The promissory note said Black could prepay without penalty, but said partial prepayments should be applied to the principal in the inverse order of maturity and should not delay due dates or change the amount of remaining payments until the note is paid in full.
Finally, the promissory note provided that Black agree to pay all costs and expenses of collection should she default on obligations to repay.
The lawsuit says Black made one payment to Phillips under the promissory note by wire transfer on August 2nd of 2013 — in the amount of $100,000.
The lawsuit says Black has failed to make any additional payments.
Black currently owes a total of $8,236.44 in interest to Phillips, according to the lawsuit.
The lawsuit says interest is continuing to accumulate at the daily rate of $16.44 on the outstanding principal balance of $100,000. Black owes this remaining $100,000 in principal and any accrued interest by March 13th, 2014.
The lawsuit indicates Black is required to make quarterly interest payments to Phillips, but has failed to do so. Additionally, the lawsuit says Black has failed to give reasonable assurances as to how and when she will pay the remaining principal and interest amounts owed.
In addition to amounts owed by Black, the lawsuit claims the Milwaukee Wave also owes money to Phillips and his company, A&J Promotions.
The lawsuit says Phillips made a short-term loan to the Wave on December 2nd, 2013 in order to assist them in making payroll for the month. The lawsuit says Black, on behalf of the Wave, agreed to repay this loan.
According to the lawsuit, Black has refused to cause the Wave to repay the $10,000 loan and has failed to give reasonable assurances as to how and when the loan will be repaid.
The lawsuit says additional money is owed to Phillips and A&J Promotions from the Wave for purchases or merchandise from A&J made between December 4th of 2013 and January 17th of 2014.
Per the terms of the invoices sent from A&J Promotions to the Wave, payment was due 30 days from the invoice date, according to the lawsuit.
The lawsuit says promotional merchandise sold to the Wave by A&J Promotions was sold at Wave games between December 4th, 2013 and January 17th, 2014 — paid for by customers at Wave games by credit card (via a “Square” account using a credit card reader and an iPad), and also via cash and check.
The lawsuit says that despite taking in “significant amounts” in the form of cash and checks, the Wave has failed to pay A&J for the promotional merchandise.
The lawsuit says from January 17th, 2014 to present, promotional merchandise from A&J continues to be sold and/or given away by the Wave.
The total outstanding balance for unpaid invoices due to A&J is $42,701.63.
The lawsuit brings six counts, including:
The plaintiffs in this case, bringing the suit are Thomas Phillips of Caledonia and A&J Promotions of Franklin.
A copy of the lawsuit says shortly after Black became the Wave’s owner, she borrowed $200,000 from Phillips to help her fund the business.
The two entered into a promissory note on March 9th, 2013, memorializing the terms of this loan.
Under the promissory note, Black agreed to repay Phillips the entire principal balance of $200,000, plus all accrued interest (at an interest rate of 6% per year), by March 13th of 2014.
The promissory note said Black could prepay without penalty, but said partial prepayments should be applied to the principal in the inverse order of maturity and should not delay due dates or change the amount of remaining payments until the note is paid in full.
Finally, the promissory note provided that Black agree to pay all costs and expenses of collection should she default on obligations to repay.
The lawsuit says Black made one payment to Phillips under the promissory note by wire transfer on August 2nd of 2013 — in the amount of $100,000.
The lawsuit says Black has failed to make any additional payments.
Black currently owes a total of $8,236.44 in interest to Phillips, according to the lawsuit.
The lawsuit says interest is continuing to accumulate at the daily rate of $16.44 on the outstanding principal balance of $100,000. Black owes this remaining $100,000 in principal and any accrued interest by March 13th, 2014.
The lawsuit indicates Black is required to make quarterly interest payments to Phillips, but has failed to do so. Additionally, the lawsuit says Black has failed to give reasonable assurances as to how and when she will pay the remaining principal and interest amounts owed.
In addition to amounts owed by Black, the lawsuit claims the Milwaukee Wave also owes money to Phillips and his company, A&J Promotions.
The lawsuit says Phillips made a short-term loan to the Wave on December 2nd, 2013 in order to assist them in making payroll for the month. The lawsuit says Black, on behalf of the Wave, agreed to repay this loan.
According to the lawsuit, Black has refused to cause the Wave to repay the $10,000 loan and has failed to give reasonable assurances as to how and when the loan will be repaid.
The lawsuit says additional money is owed to Phillips and A&J Promotions from the Wave for purchases or merchandise from A&J made between December 4th of 2013 and January 17th of 2014.
Per the terms of the invoices sent from A&J Promotions to the Wave, payment was due 30 days from the invoice date, according to the lawsuit.
The lawsuit says promotional merchandise sold to the Wave by A&J Promotions was sold at Wave games between December 4th, 2013 and January 17th, 2014 — paid for by customers at Wave games by credit card (via a “Square” account using a credit card reader and an iPad), and also via cash and check.
The lawsuit says that despite taking in “significant amounts” in the form of cash and checks, the Wave has failed to pay A&J for the promotional merchandise.
The lawsuit says from January 17th, 2014 to present, promotional merchandise from A&J continues to be sold and/or given away by the Wave.
The total outstanding balance for unpaid invoices due to A&J is $42,701.63.
The lawsuit brings six counts, including:
- Breach of contract against Sue Black – due to failure to make quarterly interest payments to Phillips on the $200,000 loan
- unjust enrichment against Sue Black - due to failure to make quarterly interest payments to Phillips on the $200,000 loan
- breach of contract against the Milwaukee Wave – due to failure to pay unpaid invoices for promotional merchandise
- unjust enrichment against the Milwaukee Wave - due to failure to pay unpaid invoices for promotional merchandise
- breach of contract against the Milwaukee Wave – due to failure to repay $10,000 loan
- unjust enrichment against the Milwaukee Wave - due to failure to repay $10,000 loan
Originally posted on fox6now.com
Student's lawsuit against parents for support loses first round in court
(CNN) -- A high school senior's lawsuit against her mother and father for financial support and college tuition hit a hurdle Tuesday when a New Jersey judge denied the teenager's request for immediate financial assistance from the parents.
Rachel Canning, 18, alleges in her lawsuit that her parents forced her out of their Lincoln Park, New Jersey home, and that she is unable to support herself financially. The lawsuit asks that her parents pay the remaining tuition for her last semester at her private high school, pay her current living and transportation expenses, commit to paying her college tuition and pay her legal fees for the suit she filed against her parents.
Her parents say she left home because she didn't want to obey their rules.
Teen suing parents for college tuition
Judge Peter Bogaard denied the request for high school tuition and current living expenses at a hearing Tuesday in New Jersey State Superior Court. Another hearing will be held in April on other issues in the suit, including whether Canning left home of her own accord, the judge said.
Canning, an honor student and cheerleader at Morris Catholic High School in Denville, says in court documents she had to leave her parents' home because of emotional and psychological mistreatment, alleging, among other things, that her mother called her "fat" and "porky" and that her father threatened to beat her.
"I have been subjected to severe verbal and physical abuse by my mother and father," Canning wrote in a court certification. "I am not willingly and voluntarily leaving a reasonable situation at home to make my own decisions. I had to leave to end the abuse."
Canning left her parents' home at the end of last October. After spending two nights at her boyfriend's home, she moved into the home of her friend in a nearby town, where she has been staying ever since, according to court documents written by the parents' attorney.
Fair or outrageous? New Jersey teen sues her parents to pay up for college
Canning seeks a court's official declaration that she is unemancipated, meaning her parents would still be required to support her financially. She also is suing to reimburse her friend's parents, John and Amy Inglesino, for legal fees that they have been paying since the lawsuit was initiated, according to the suit.
Canning's parents, Sean and Elizabeth Canning, claim that allegations of abuse are completely unfounded.
"We were always her support team, cheering her on or defending her whenever she had a problem," wrote Elizabeth Canning in a court certification. She claims that her daughter was never forced out of the family's home, but rather "took it upon herself to run away so that she could live her life without any parental supervision and without any rules."
Canning was suspended from school for truancy last October, according to court documents filed by her parents' attorney, Laurie Rush-Masuret. Her parents told the teen that she could no longer see her boyfriend, who was also suspended from school. Car and phone privileges were also taken away. Once she learned of the punishment, Canning cut school again and then decided to run away, her father said in court documents.
Once she left home, her parents notified Morris Catholic High School that they would no longer pay for their daughter's tuition, the documents state.
"They stopped paying my high school tuition to punish the school and me, and have redirected my college fund indicating their refusal to afford me an education," Rachel Canning stated in court documents.
The situation around the teen and her family initiated an investigation by New Jersey's Division of Child Protection and Permanency (DCPP), which received allegations that Rachel was being abused. The teen wrote in court documents that her school contacted the state agency.
When DCPP staffers interviewed the teen, her parents, and her two younger sisters, they ultimately "determined that allegation of emotional abuse was unfounded," a letter from DCPP states.
Sean Canning, a retired Lincoln Park police chief and current business administrator for the town of Mount Olive, told CNN affiliate WCBS that he and his wife are "distraught."
"We're being sued by our child. I'm dumbfounded. So is my wife. So are my other daughters," he said. "Living in our house, there's very few things. There's minor chores, there's curfews. When I say curfew, it's usually after 11 o'clock at night."
Sean Canning wrote in court documents that the Inglesinos, for taking in his daughter, had "enabled the situation to an absurd level. Under the guise of good intentions, they have arrogantly placed themselves in our stead and operated under the belief that their parenting style is superior to our own."
CNN's attempts to reach John or Amy Inglesino were unsuccessful.
Stephanie Frangos Hagan, a family law attorney and New Jersey State Bar Association family law officer, said to her knowledge, a case like this is unprecedented.
read full new story at www.cnn.com
Rachel Canning, 18, alleges in her lawsuit that her parents forced her out of their Lincoln Park, New Jersey home, and that she is unable to support herself financially. The lawsuit asks that her parents pay the remaining tuition for her last semester at her private high school, pay her current living and transportation expenses, commit to paying her college tuition and pay her legal fees for the suit she filed against her parents.
Her parents say she left home because she didn't want to obey their rules.
Teen suing parents for college tuition
Judge Peter Bogaard denied the request for high school tuition and current living expenses at a hearing Tuesday in New Jersey State Superior Court. Another hearing will be held in April on other issues in the suit, including whether Canning left home of her own accord, the judge said.
Canning, an honor student and cheerleader at Morris Catholic High School in Denville, says in court documents she had to leave her parents' home because of emotional and psychological mistreatment, alleging, among other things, that her mother called her "fat" and "porky" and that her father threatened to beat her.
"I have been subjected to severe verbal and physical abuse by my mother and father," Canning wrote in a court certification. "I am not willingly and voluntarily leaving a reasonable situation at home to make my own decisions. I had to leave to end the abuse."
Canning left her parents' home at the end of last October. After spending two nights at her boyfriend's home, she moved into the home of her friend in a nearby town, where she has been staying ever since, according to court documents written by the parents' attorney.
Fair or outrageous? New Jersey teen sues her parents to pay up for college
Canning seeks a court's official declaration that she is unemancipated, meaning her parents would still be required to support her financially. She also is suing to reimburse her friend's parents, John and Amy Inglesino, for legal fees that they have been paying since the lawsuit was initiated, according to the suit.
Canning's parents, Sean and Elizabeth Canning, claim that allegations of abuse are completely unfounded.
"We were always her support team, cheering her on or defending her whenever she had a problem," wrote Elizabeth Canning in a court certification. She claims that her daughter was never forced out of the family's home, but rather "took it upon herself to run away so that she could live her life without any parental supervision and without any rules."
Canning was suspended from school for truancy last October, according to court documents filed by her parents' attorney, Laurie Rush-Masuret. Her parents told the teen that she could no longer see her boyfriend, who was also suspended from school. Car and phone privileges were also taken away. Once she learned of the punishment, Canning cut school again and then decided to run away, her father said in court documents.
Once she left home, her parents notified Morris Catholic High School that they would no longer pay for their daughter's tuition, the documents state.
"They stopped paying my high school tuition to punish the school and me, and have redirected my college fund indicating their refusal to afford me an education," Rachel Canning stated in court documents.
The situation around the teen and her family initiated an investigation by New Jersey's Division of Child Protection and Permanency (DCPP), which received allegations that Rachel was being abused. The teen wrote in court documents that her school contacted the state agency.
When DCPP staffers interviewed the teen, her parents, and her two younger sisters, they ultimately "determined that allegation of emotional abuse was unfounded," a letter from DCPP states.
Sean Canning, a retired Lincoln Park police chief and current business administrator for the town of Mount Olive, told CNN affiliate WCBS that he and his wife are "distraught."
"We're being sued by our child. I'm dumbfounded. So is my wife. So are my other daughters," he said. "Living in our house, there's very few things. There's minor chores, there's curfews. When I say curfew, it's usually after 11 o'clock at night."
Sean Canning wrote in court documents that the Inglesinos, for taking in his daughter, had "enabled the situation to an absurd level. Under the guise of good intentions, they have arrogantly placed themselves in our stead and operated under the belief that their parenting style is superior to our own."
CNN's attempts to reach John or Amy Inglesino were unsuccessful.
Stephanie Frangos Hagan, a family law attorney and New Jersey State Bar Association family law officer, said to her knowledge, a case like this is unprecedented.
read full new story at www.cnn.com
Wednesday, 9 October 2013
Some CA businesses get legal protection from toxic-warning lawsuits
Gov. Jerry Brown on Saturday signed a bill that will protect certain businesses from what he once called “frivolous shake-down” lawsuits over Proposition 65, the voter-approved California law that requires companies to post warning signs or labels when they expose customers to certain chemicals that cause cancer or birth defects.
Prop. 65 does not prohibit companies from using what has become a very long list of harmful chemicals, except for adding them to drinking water. But it does require companies with 10 or more employees to post warning labels of certain sizes and in certain places when customers are exposed to named substances above a certain limit.
Read full story at http://blog.sfgate.com/pender/2013/10/07/some-ca-businesses-get-legal-protection-from-toxic-warning-lawsuits/
Prop. 65 does not prohibit companies from using what has become a very long list of harmful chemicals, except for adding them to drinking water. But it does require companies with 10 or more employees to post warning labels of certain sizes and in certain places when customers are exposed to named substances above a certain limit.
Read full story at http://blog.sfgate.com/pender/2013/10/07/some-ca-businesses-get-legal-protection-from-toxic-warning-lawsuits/
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