Understanding Jurisdiction in Private International law || notes for law students ||

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  • Опубліковано 10 вер 2024
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    This video is about: Jurisdiction in Private International Law
    When a case is brought before a court in any forum court, the first question is whether that court has the power to hear the case. Such power is called jurisdiction. Rules of jurisdiction vary from country to country which makes it complicated while dealing with a controversy or dispute in which more than one country have interest to adjudicate. For example, suppose a plaintiff (P) suffers personal injury in country A due to defendant’s (D) negligent driving who is a citizen of country B. In this example, P would choose country A’s courts to bring his lawsuit against D, as the incident happened there. On other hand, D will prefer the courts in his country of residence, country B. Whether P or D will succeed on their claim for jurisdiction depends on rules of jurisdiction in country A and B.
    Some countries have same rules of jurisdiction for their nationalities and foreign citizens and some have special rules for foreign citizens. While jurisdiction is a broader topic and can include both personal and subject matter jurisdictions, here I limit my discussion to rules of personal jurisdiction in U.S and Afghanistan.
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