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cyberlaw:jurisdiction [2019/01/24 17:18]
witta
cyberlaw:jurisdiction [2019/01/24 17:20] (current)
witta
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 The application of rules of jurisdiction to the internet is a challenging issue for courts around the globe. Western democratic understandings of jurisdiction have evolved in relation to the geographical boundaries of countries.((Brian Fitzgerald et al, _Internet and E-commerce Law, Business and Policy_ (Thomson Reuters (Professional) Australia Limited, 2011) 57 ff)) Western democracies assert **[sovereign](https://​www.youtube.com/​watch?​v=VMC9u7PZZCo)** power, which is based on the will of their people, to govern persons and things within their territory free from external interference. A nation state'​s jurisdiction does not usually extend beyond its geographical boundaries.((Cyber Law Centre, '​Internet Jurisdiction - What Is Jurisdiction?'​ www.cyberlawcentre.org/​genl2032/​12Jurisdiction-v1.pptx)) However, now that people routinely use the internet and other emerging technologies to interact across jurisdictional boundaries, courts have been grappling with complex legal questions of which state may and should properly exercise jurisdiction over parties to online activities. The application of rules of jurisdiction to the internet is a challenging issue for courts around the globe. Western democratic understandings of jurisdiction have evolved in relation to the geographical boundaries of countries.((Brian Fitzgerald et al, _Internet and E-commerce Law, Business and Policy_ (Thomson Reuters (Professional) Australia Limited, 2011) 57 ff)) Western democracies assert **[sovereign](https://​www.youtube.com/​watch?​v=VMC9u7PZZCo)** power, which is based on the will of their people, to govern persons and things within their territory free from external interference. A nation state'​s jurisdiction does not usually extend beyond its geographical boundaries.((Cyber Law Centre, '​Internet Jurisdiction - What Is Jurisdiction?'​ www.cyberlawcentre.org/​genl2032/​12Jurisdiction-v1.pptx)) However, now that people routinely use the internet and other emerging technologies to interact across jurisdictional boundaries, courts have been grappling with complex legal questions of which state may and should properly exercise jurisdiction over parties to online activities.
  
-_In the strict sense,_ jurisdiction "​refers to the authority of a court to decide a matter",​((Brian Fitzgerald et al, _Internet and E-commerce Law, Business and Policy_ (Thomson Reuters (Professional) Australia Limited, 2011) 58)) which is determined solely by application of the principles of jurisdiction.((_John Pfeiffer Pty Ltd v Rogerson_ [2000] HCA 36 at [25])) A court can competently adjudicate on a matter if it has both subject matter jurisdiction and personal jurisdiction. If a court hears and decides on a matter, without proper jurisdiction,​ the judgment is generally unenforceable and could be quashed.((Cyber Law Centre, '​Internet Jurisdiction - What Is Jurisdiction?'​ www.cyberlawcentre.org/​genl2032/​12Jurisdiction-v1.pptx)) _In the broad sense,_ jurisdiction also encompasses the related, but separate, issues of (1) choice of law, (2) choice of forum and (3) recognition and enforcement of foreign judgments.((Brian Fitzgerald et al, _Internet and E-commerce Law, Business and Policy_ (Thomson Reuters (Professional) Australia Limited, 2011) 58)) The broad conception of jurisdiction is often referred to as private international law. We will expand on the concept of jurisdiction ​and each of these issues ​below. ​+_In the strict sense,_ jurisdiction "​refers to the authority of a court to decide a matter",​((Brian Fitzgerald et al, _Internet and E-commerce Law, Business and Policy_ (Thomson Reuters (Professional) Australia Limited, 2011) 58)) which is determined solely by application of the principles of jurisdiction.((_John Pfeiffer Pty Ltd v Rogerson_ [2000] HCA 36 at [25])) A court can competently adjudicate on a matter if it has both subject matter jurisdiction and personal jurisdiction. If a court hears and decides on a matter, without proper jurisdiction,​ the judgment is generally unenforceable and could be quashed.((Cyber Law Centre, '​Internet Jurisdiction - What Is Jurisdiction?'​ www.cyberlawcentre.org/​genl2032/​12Jurisdiction-v1.pptx)) _In the broad sense,_ jurisdiction also encompasses the related, but separate, issues of(1) choice of law, (2) choice of forum and (3) recognition and enforcement of foreign judgments.((Brian Fitzgerald et al, _Internet and E-commerce Law, Business and Policy_ (Thomson Reuters (Professional) Australia Limited, 2011) 58)) The broad conception of jurisdiction is often referred to as private international law. We will expand on the concept of jurisdiction ​as well as choice ​of law, choice of forum and recognition and enforcement ​below. ​
  
 ##Personal (In Personam) Jurisdiction ##Personal (In Personam) Jurisdiction
  • cyberlaw/jurisdiction.txt
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