This case will need to be tried at least in a federal and a transnational or international court. Moreover, this will involve both national and international jurisdictions.
In law, there are three main types of courts:
- Constitutional courts.
- Federal courts.
- Transnational courts.
Each of these applies the jurisdiction of the same level. For example, a constitutional court will apply the constitutional laws and specific state laws.
In the case presented, two of these courts are required:
- Federal court: This is necessary because the crime was perpetrated in the U.S. territory, and therefore criminals are judged under U.S. Federal law.
- Transnational court: Considering the pirates might not be American, and therefore there are at least 2 countries involved, it is necessary to consider the case under international maritime laws.
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Answer:
b it is when t le plaintiff does not have a case
Answer:
Loose constructionism is an ideological position of legal interpretation (especially of the Constitution) by means of which the judges have the power not only to judge compliance with the different laws, but also to interpret the text of the legal provisions of the Constitution, defining its scope and content.
Two arguments in favor of this position are, on the one hand, that the Constitution is not a rigid law but that it is constantly being modified through jurisprudential interpretations, with which it is necessary for judges to be able to interpret its clauses in a lax way; and on the other, that a rigid Constitution would be easily set aside by society, since it would not adapt to changes in circumstances on its part.
Strict Liability: Strict liability is where even if a product was safely designed, was properly manufactured, and contained an appropriate warning, a manufacturer or retailer of a product may be liable for injuries resulting from use of the product simply because the product caused those injuries.