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Admiralty court

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Jurisdiction (from Latin juris 'law' + dictio 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice . In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state , and federal).

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125-628: Admiralty courts , also known as maritime courts , are courts exercising jurisdiction over all maritime contracts , torts , injuries, and offenses. The Scottish court's earliest records, held in West Register House in Edinburgh, indicate that sittings were a regular event by at least 1556. Judges were styled "Judge Admiral" and received appointment at the hands of the Scottish High Admiral to hear matters affecting

250-602: A country is recognized as de jure , it is an acknowledgment by the other de jure nations that the country has sovereignty and the right to exist. However, it is often at the discretion of each nation whether to co-operate or participate. If a nation does agree to participate in activities of the supranational bodies and accept decisions, the nation is giving up its sovereign authority and thereby allocating power to these bodies. Insofar as these bodies or nominated individuals may resolve disputes through judicial or quasi-judicial means, or promote treaty obligations in

375-410: A pseudolegal conspiracy argument used notably by sovereign citizens is that an American court displaying an American flag with a gold fringe is in fact an "admiralty court" and thus has no jurisdiction . Courts have repeatedly dismissed this as frivolous. In United States v. Greenstreet , the court summarized their finding to this argument with, "Unfortunately for Defendant Greenstreet, decor

500-848: A crime, as well as cases of alleged child abuse or neglect; serious crimes committed by 16 or 17 year old persons may be referred to the District Courts. Seven judges in the Appeals Court hear most criminal appeals from District Courts, all appeals from juvenile court and all domestic/divorce cases from District Court, as well as some cases transferred to them by the Supreme Court. The Supreme Court seats five judges who hear appeals on first-degree felonies (the most serious) including capital crimes, as well as all civil cases from District Court (excepting divorce/domestic cases). The Supreme Court also oversees cases involving interpretation of

625-631: A decade between Irish immigrants and Black people for work. Rioters burned the Colored Orphan Asylum to the ground. At least 120 people were killed. Eleven Black men were lynched over five days, and the riots forced hundreds of Blacks to flee. The Black population in Manhattan fell below 10,000 by 1865. The White working class had established dominance. It was one of the worst incidents of civil unrest in American history . In 1886,

750-547: A lower appellate court) has heard the matter. For example, in United States federal courts , the United States district courts have original jurisdiction over a number of different matters (as mentioned above), and the United States court of appeals have appellate jurisdiction over matters appealed from the district courts. The U.S. Supreme Court, in turn, has appellate jurisdiction (of a discretionary nature) over

875-414: A matter is brought before the courts in a way amounting to an abuse of process, a court recognising its jurisdiction is obliged to exercise it. But as Australia is a federal country, no court is vested with an unrestricted jurisdiction. Therefore, the rules of jurisdiction are used to determine the ambit of those restrictions upon the courts. This idea of restrictions on jurisdiction is well illustrated by

1000-512: A member nation if that member nation asserts its sovereignty and withdraws from the union. The standard treaties and conventions leave the issue of implementation to each nation, i.e. there is no general rule in international law that treaties have direct effect in municipal law , but some nations, by virtue of their membership of supranational bodies, allow the direct incorporation of rights or enact legislation to honor their international commitments. Hence, citizens in those nations can invoke

1125-502: A percentage of the confiscated goods if the defendants were found guilty; therefore, defendants were more than likely to be found guilty. 1890 saw the enactment of the Colonial Courts of Admiralty Act 1890 ( 53 & 54 Vict. c. 27 (UK)). That act provided for the abolition of the imperial courts of admiralty and replace them with local courts to be called colonial courts of admiralty. It was widely considered unsatisfactory that

1250-419: A person. There is no hierarchy when it comes to any of the principles. States must therefore work together to solve issues of who may exercise their jurisdiction when it comes to issues of multiple principles being allowed. The principles are Territorial Principle, Nationality Principle, Passive Personality Principle, Protective Principle, Universality Principle Territorial principle : This principle states that

1375-575: A prejudicial impact upon the State. It is especially used when it comes to matters of national security. Universality principle : This is the broadest of all the principles. The basis is that a State has the right, sometimes even the obligation, to exercise jurisdiction when it comes to the most serious violations of international criminal law; for example genocide , crimes against humanity , extrajudicial executions , war crimes , torture , and forced disappearances . This principle also goes further than

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1500-492: A regional level, groups of nations can create political and legal bodies with sometimes complicated patchworks of overlapping provisions detailing the jurisdictional relationships between the member states and providing for some degree of harmonization between their national legislative and judicial functions, for example, the European Union and African Union both have the potential to become federated nations although

1625-531: A result of Sandy, and the economic losses in New York City were estimated to be roughly $ 19 billion. The disaster spawned long-term efforts towards infrastructural projects to counter climate change and rising seas, with $ 15 billion in federal funding received through 2022 towards those resiliency efforts. In March 2020, the first case of COVID-19 in the city was confirmed. With its population density and its extensive exposure to global travelers,

1750-485: A speech denying the request, which was paraphrased on the front page of the New York Daily News as "FORD TO CITY: DROP DEAD." The Municipal Assistance Corporation was formed and granted oversight authority over the city's finances. While a resurgence in the financial industry greatly improved the city's economic health in the 1980s, New York's crime rate continued to increase through that decade and into

1875-641: A state and citizens of another state, lawsuits involving citizens of different states, and against foreign states and citizens. Certain courts, particularly the United States Supreme Court and most state supreme courts , have discretionary jurisdiction , meaning that they can choose which cases to hear from among all the cases presented on appeal. Such courts generally only choose to hear cases that would settle important and controversial points of law. Though these courts have discretion to deny cases they otherwise could adjudicate, no court has

2000-517: Is created by the states’ constitutions and is further delineated by legislation passed by their respective parliaments. In the Constitution of Queensland 2001 (QLD), it is written at s58(1) that the Supreme Court of the state has all jurisdiction necessary for the administration of justice in Queensland . That is the extent of its jurisdiction. In New South Wales , the courts’ jurisdiction

2125-476: Is exercised through three principles outlined in the UN charter . These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The Lotus case establishes two key rules to the prescription and enforcement of jurisdiction. The case outlines that jurisdiction is territorial and that a state may not exercise its jurisdiction in

2250-425: Is limited to certain types of controversies (for example, suits in admiralty or suits where the monetary amount sought is less than a specified sum) is sometimes referred to as a court of special jurisdiction or court of limited jurisdiction . In U.S. federal courts, courts must consider subject matter jurisdiction sua sponte and therefore recognize their own lack of jurisdiction even if neither party has raised

2375-492: Is not a determinant for jurisdiction." Jurisdiction Jurisdiction draws its substance from international law , conflict of laws , constitutional law , and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society . Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction

2500-515: Is not exclusive to the Australian federal court system, parties involved in international disputes will already be familiar with that concept. However, the threshold for intra-Australia transfer is notably lower than that pertaining to international transfer . The word "jurisdiction" is also used, especially in informal writing, to refer to a state or political subdivision generally, or to its government, rather than to its legal authority. In

2625-564: Is not mentioned in the constitution. Instead, the state’s legislature is empowered to make laws for the peace, welfare, and good governance of New South Wales. Amongst these laws, it is stated in section 23 of the Supreme Court Act 1970 (NSW) that the Supreme Court shall have all jurisdiction necessary for the administration of justice in NSW. In Victoria , that same power is conferred by section 85(1) of its constitution. In summary,

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2750-405: Is one of the world's most populous megacities . The city and its metropolitan area are the premier gateway for legal immigration to the United States . As many as 800 languages are spoken in New York City, making it the most linguistically diverse city in the world. In 2021, the city was home to nearly 3.1 million residents born outside the U.S., the largest foreign-born population of any city in

2875-592: Is similar to the Nationality Principle, except you are exercising jurisdiction against a foreign national that has committed a criminal act against its own national. The idea is that a State has a duty to protect its nationals and therefore if someone harms their nationals that State has the right to prosecute the accused. Protective principle : This principle allows States to exercise jurisdiction when it comes to foreign nationals for acts committed outside their territory that have or are intended to have

3000-525: Is useful to determine what questions a court may answer in examining a matter before it. Original jurisdiction permits courts to answer all questions of law and fact when a matter is brought before them for the first time (for practical reasons, courts hearing appeals from administrative bodies will also exercise original jurisdiction, this does not subvert the rule). Appellate jurisdiction is corrective in nature. There, courts examine how lower previous decision-makers answered questions of law, whether an error

3125-614: The American South . During construction in Foley Square in the 1990s, the African Burying Ground was discovered; the cemetery included 10,000 to 20,000 graves of colonial-era Africans, some enslaved and some free. The 1735 trial and acquittal in Manhattan of John Peter Zenger , who had been accused of seditious libel after criticizing colonial governor William Cosby , helped to establish freedom of

3250-866: The Atlantic port to the agricultural markets and commodities of the North American interior via the Hudson River and the Great Lakes . Local politics became dominated by Tammany Hall , a political machine supported by Irish and German immigrants . In 1831, New York University was founded. Several prominent American literary figures lived in New York during the 1830s and 1840s, including William Cullen Bryant , Washington Irving , Herman Melville , Rufus Wilmot Griswold , John Keese , Nathaniel Parker Willis , and Edgar Allan Poe . Members of

3375-668: The Bill of Rights there. The Supreme Court held its first organizational sessions in New York in 1790. In 1790, for the first time, New York City surpassed Philadelphia as the nation's largest city. At the end of 1790, the national capital was moved to Philadelphia . During the 19th century, New York City's population grew from 60,000 to 3.43 million. Under New York State's gradual emancipation act of 1799, children of slave mothers were to be eventually liberated but to be held in indentured servitude until their mid-to-late twenties. Together with slaves freed by their masters after

3500-726: The Caribbean . The attempt at a peaceful solution to the war took place at the Conference House on Staten Island between American delegates, including Benjamin Franklin , and British general Lord Howe on September 11, 1776. Shortly after the British occupation began, the Great Fire of New York destroyed nearly 500 buildings, about a quarter of the structures in the city, including Trinity Church . In January 1785,

3625-656: The Cinque Ports had a silver oar of early date, but it was stolen in the 1960s and replaced with a replica. Some local authorities possess examples relating to their former local admiralty jurisdiction. In recent times, new silver oars have been made for admiralty courts in Canada, Australia and New Zealand; in 2014 the Admiralty Court presented a replica silver oar mace to the Corporation of Trinity House on

3750-509: The Court of Session , Scotland's supreme court for civil disputes. The sole survivor of the independent courts of admiralty is the Court of Admiralty for the Cinque Ports , which is presided over by the early-merged role of Judge Official and Commissary . This office is normally held by a High Court Judge who holds the appointment of Admiralty Judge. The jurisdiction of the Court of Admiralty of

3875-615: The European Union member states except Denmark accepted Council Regulation (EC) 44/2001 , which makes major changes to the Brussels Convention and is directly effective in the member nations. Council Regulation (EC) 44/2001 now also applies as between the rest of the EU Member States and Denmark due to an agreement reached between the European Community and Denmark. In some legal areas, at least,

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4000-905: The Hudson River , which he named Río de San Antonio ('Saint Anthony's River'). In 1609, the English explorer Henry Hudson rediscovered New York Harbor while searching for the Northwest Passage to the Orient for the Dutch East India Company . He sailed up what the Dutch called North River (now the Hudson River), named first by Hudson as the Mauritius after Maurice, Prince of Orange . Hudson claimed

4125-729: The Judicial Committee of the Privy Council . Since Elizabethan times , the symbol of authority for a British admiralty court has been a silver oar, placed before the judge when the court is in session. In this respect the silver oar is the equivalent of a ceremonial mace , representing the authority of the Crown and the Lord High Admiral of the United Kingdom . An antique silver oar is still placed before

4250-721: The Lower Hudson Valley . The first documented visit into New York Harbor by a European was in 1524 by explorer Giovanni da Verrazzano . He claimed the area for France and named it Nouvelle Angoulême (New Angoulême ). A Spanish expedition, led by the Portuguese captain Estêvão Gomes sailing for Emperor Charles V , arrived in New York Harbor in January 1525 and charted the mouth of

4375-456: The Necessary and Proper Clause in areas beyond those specifically conferred on Congress ( Missouri v. Holland , 252 U.S. 416 (1920)). This concerns the relationships both between courts in different jurisdictions , and between courts within the same jurisdiction. The usual legal doctrine under which questions of jurisdiction are decided is termed forum non conveniens . To deal with

4500-742: The New York City Fire Department and 71 law enforcement officers. The area was rebuilt with a new World Trade Center , the National September 11 Memorial and Museum , and other new buildings and infrastructure, including the World Trade Center Transportation Hub , the city's third-largest hub. The new One World Trade Center is the tallest skyscraper in the Western Hemisphere and the seventh-tallest building in

4625-480: The Royal Scots Navy as well as mercantile, privateering and prize money disputes. From 1702 the judge of the court was also authorised to appoint deputies to hear lesser matters or to deputise during his absence. The Scottish court's workload was small until the mid-eighteenth century, with judges hearing no more than four matters in each sitting. After the 1750s the volume of cases rose until by 1790 it

4750-511: The Statue of Liberty , a gift from France , was dedicated in New York Harbor. The statue welcomed 14 million immigrants as they came to the U.S. via Ellis Island by ship in the late 19th and early 20th centuries, and is a symbol of the United States and American ideals of liberty and peace. In 1898, the City of New York was formed with the consolidation of Brooklyn (until then a separate city),

4875-709: The Stonewall riots were a series of violent protests by members of the gay community against a police raid that took place in the early morning of June 28, 1969, at the Stonewall Inn in Greenwich Village . They are widely considered to be the single most important event leading to the gay liberation movement and the modern fight for LGBT rights . Wayne R. Dynes , author of the Encyclopedia of Homosexuality , wrote that drag queens were

5000-843: The Supreme Court of Ceylon as the Ceylon Independence Act 1947 (UK) made provisions of the Admiralty Act inapplicable. In Sri Lanka today, admiralty jurisdiction is exercised by the High Court of Colombo , having had the jurisdiction transferred to it from the Supreme Court under the provisions of the Judicature Act No.2 of 1978 . In the United States , the federal district courts have jurisdiction over all admiralty and maritime actions; see 28 U.S.C.   § 1333 . In recent years,

5125-404: The United States —such subunits will exercise jurisdiction through the court systems as defined by the executives and legislatures. When the jurisdictions of government entities overlap one another—for example between a state and the federation to which it belongs—their jurisdiction is a shared or concurrent jurisdiction. Otherwise, one government entity will have exclusive jurisdiction over

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5250-550: The World Trade Organization (WTO) that have socially and economically significant dispute resolution functions but, again, even though their jurisdiction may be invoked to hear the cases, the power to enforce their decisions is at the will of the nations affected, save that the WTO is permitted to allow retaliatory action by successful nations against those nations found to be in breach of international trade law . At

5375-769: The federal government and a state, actions by a state against the citizens of another state or foreign country. As a practical example of court jurisdiction, as of 2013 Utah has five types of courts, each for different legal matters and different physical territories. One-hundred-and-eight judges oversee Justice Courts, which handle traffic and parking citations, misdemeanor crimes, and most small claims cases. Seventy-one judges preside over District Courts, which deal with civil cases exceeding small claims limits, probate law, felony criminal cases, divorce and child custody cases, some small claims, and appeals from Justice Courts. Twenty-eight judges handle Juvenile Court, which oversees most people under 18 years old who are accused of

5500-782: The member nations of the EEC signed the Brussels Convention in 1968 and, subject to amendments as new nations joined, it represents the default law for all twenty-seven Member States of what is now termed the European Union on the relationships between the courts in the different countries. In addition, the Lugano Convention (1988) binds the European Union and the European Free Trade Association . In effect from 1 March 2002, all

5625-579: The stannary courts that dealt with disputes involving the tin miners of Cornwall . The original royal charters of the American colonies included broad grants of franchise jurisdiction along with other governmental powers to corporations or individuals, as did the charters for many other colonial companies such as the British East India Company and British South Africa Company . Analogous jurisdiction existed in medieval times on

5750-612: The steamship General Slocum caught fire in the East River , killing 1,021 people. In 1911, the Triangle Shirtwaist Factory fire , the city's worst industrial disaster, killed 146 garment workers and spurred the growth of the International Ladies' Garment Workers' Union and major improvements in factory safety standards. New York's non-White population was 36,620 in 1890. New York City

5875-538: The 19th century, the city was transformed by both commercial and residential development relating to its status as a national and international trading center , as well as by European immigration, respectively. The city adopted the Commissioners' Plan of 1811 , which expanded the city street grid to encompass almost all of Manhattan. The 1825 completion of the Erie Canal through central New York connected

6000-590: The Cinque Ports extends in an area with boundaries running from the Naze Tower , Essex along the shore to Brightlingsea , then to Shoe Beacon (or Shore Beacon), (to the east of Shoeburyness , Essex), across the mouth of the Thames Estuary to Shellness , Kent, and around the coast to Redcliffe, near Seaford , Sussex . It covers all the sea from Seaford to a point five miles off Cape Grisnez on

6125-705: The Continental Army at the Battle of Fort Washington in November 1776 eliminated the last American stronghold in Manhattan, causing George Washington and his forces to retreat across the Hudson River to New Jersey , pursued by British forces. After the battle, in which the Americans were defeated, the British made the city their military and political base of operations in North America. The city

6250-399: The County of New York (which then included parts of the Bronx), the County of Richmond, and the western portion of the County of Queens. The opening of the New York City Subway in 1904, first built as separate private systems, helped bind the new city together. Throughout the first half of the 20th century, the city became a world center for industry, commerce, and communication. In 1904,

6375-471: The Courts of Appeals, as well as the state supreme courts, by means of writ of certiorari . However, in a special class of cases, the U.S. Supreme Court has the power to exercise original jurisdiction. Under 28 U.S.C.   § 1251 , the Supreme court has original and exclusive jurisdiction over controversies between two or more states, and original (but non-exclusive) jurisdiction over cases involving officials of foreign states, controversies between

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6500-451: The District Court in Provo, Utah . If both the minor traffic offense and the felony arrests resulted in guilty verdicts, the traffic conviction could be appealed to the District Court in Provo, while the second-degree felony appeal would be heard by the Appeals Court in Salt Lake City and the first-degree felony appeal would be heard by the Supreme Court. Similarly for civil matters, a small claims case arising in Orem would probably be heard in

6625-409: The Duke of York (the future King James II and VII). The duke gave part of the colony to proprietors George Carteret and John Berkeley . On August 24, 1673, during the Third Anglo-Dutch War , Anthony Colve of the Dutch navy seized New York at the behest of Cornelis Evertsen the Youngest and rechristened it "New Orange" after William III , the Prince of Orange . The Dutch soon returned

6750-438: The Dutch West India Company had operated as a monopoly in New Netherland, on authority granted by the Dutch States General . In 1639–1640, in an effort to bolster economic growth, the Dutch West India Company relinquished its monopoly over the fur trade, leading to growth in the production and trade of food, timber, tobacco, and slaves (particularly with the Dutch West Indies ). In 1647, Peter Stuyvesant began his tenure as

6875-411: The European Continent. Over the course of the 19th and 20th centuries, franchise jurisdictions were largely eliminated. Several formerly important franchise courts were not officially abolished until Courts Act of 1971 . New York City New York , often called New York City or NYC , is the most populous city in the United States , located at the southern tip of New York State on one of

7000-526: The High Court of Admiralty from 1559 until 1584, there is some evidence that it may date from the beginnings of the court in the fourteenth century, though one of several assay marks suggests that it was remade three centuries later (based on the earlier pattern). Local courts and vice-admiralty courts had their own silver oars; early examples survive from colonial courts in Bermuda (1701), Boston (1725), New York City (c. 1725), Colombo (1801), Cape of Good Hope (1806) and Calcutta . The Admiralty Court of

7125-401: The ICJ only nations may be parties in cases before the Court and, under Article 36, the jurisdiction comprises all cases which the parties refer to it and all matters specially provided for in the Charter of the United Nations or in treaties and conventions in force. But, to invoke the jurisdiction in any given case, all the parties have to accept the prospective judgment as binding. This reduces

7250-405: The New York metropolitan area is the largest metropolitan economy in the world , with a gross metropolitan product of over US$ 2.16 trillion. If the New York metropolitan area were its own country , it would have the tenth-largest economy in the world . Despite having a 24/7 rapid transit system , New York also leads the world in urban automobile traffic congestion . The city is home to

7375-499: The Orem Justice Court, while a divorce filed by an Orem resident would be heard by the District Court in Provo. The above examples apply only to cases of Utah state law; any case under Federal jurisdiction would be handled by a different court system. All Federal cases arising in Utah are under the jurisdiction of the United States District Court for the District of Utah , headquartered in Salt Lake City, Utah , and would be heard in one of three Federal courthouses. In Australia, unless

7500-578: The Revolutionary War and escaped slaves, a significant free-Black population gradually developed in Manhattan. The New York Manumission Society worked for abolition and established the African Free School to educate Black children. It was not until 1827 that slavery was completely abolished in the state . Free Blacks struggled with discrimination and interracial abolitionist activism continued. New York City's population jumped from 123,706 in 1820 (10,886 of whom were Black and of which 518 were enslaved) to 312,710 by 1840 (16,358 of whom were Black). Also in

7625-490: The State where the crime has been committed may exercise jurisdiction. This is one of the most straightforward and least controversial of the principles. This is also the only principle that is territorial in nature; all other forms are extraterritorial. Nationality principle (also known as the Active Personality Principle): This principle is based around a person's nationality and allows States to exercise jurisdiction when it comes to their nationality, both within and outside

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7750-712: The State's territory. Seeing as the territoriality principle already gives the State the right to exercise jurisdiction, this principle is primarily used as a justification for prosecuting crimes committed abroad by a States nationals. There is a growing trend to allow States to also apply this principle to permanent residents abroad as well (for example: Denmark Criminal Code (2005), sec 7; Finland Criminal Code (2015), sec 6; Iceland Criminal Code (2014), art 5; Latvia Criminal Code (2013), sec 4; Netherlands Criminal Code (2019), art 7; Norway Criminal Code (2005), sec 12; Swedish Criminal Code (1999), sec 2; Lithuania Criminal Code (2015), art 5). Passive Personality Principle : This principle

7875-456: The U.S. are a prime example of jurisdictional dilemmas caused by different states under a federal alignment. When parents and children are in different states, there is the possibility of different state court orders over-ruling each other. The U.S. solved this problem by adopting the Uniform Child Custody Jurisdiction and Enforcement Act . The act established criteria for determining which state has primary jurisdiction, which allows courts to defer

8000-424: The United States and customary international law to be a part of the "Supreme Law of the Land" (along with the Constitution itself and acts of Congress passed pursuant to it) (U.S. Const.art. VI Cl. 2) As such, the law of the land is binding on the federal government as well as on state and local governments. According to the Supreme Court of the United States , the treaty power authorizes Congress to legislate under

8125-433: The administration of maritime law, British colonies were routinely granted subsidiary jurisdiction through independent vice-admiralty courts. These were civil courts with the power to interpret colonial legislation, provided these did not conflict with Admiralty Court decisions or British maritime law. The first vice-admiralty court in Australia was established in the colony of New South Wales in 1788. The first Vice-Admiral

8250-558: The arts and fashion , and, as home to the headquarters of the United Nations , international diplomacy . With an estimated population in 2023 of 8,258,035 distributed over 300.46 square miles (778.2 km ), the city is the most densely populated major city in the United States. New York City has more than double the population of Los Angeles , the nation's second-most populous city. With more than 20.1 million people in its metropolitan statistical area and 23.5 million in its combined statistical area as of 2020, New York City

8375-426: The assembly of the Congress of the Confederation made New York City the national capital. New York was the last capital of the U.S. under the Articles of Confederation and the first capital under the Constitution of the United States . As the U.S. capital, New York City hosted the inauguration of the first President, George Washington , and the first Congress , at Federal Hall on Wall Street . Congress drafted

8500-493: The beginning of the 1990s. By the mid-1990s, crime rates started to drop dramatically due to revised police strategies, improving economic opportunities, gentrification , and new residents, both American transplants and new immigrants from Asia and Latin America. New York City's population exceeded 8 million for the first time in the 2000 United States census ; further records were set in 2010 , and 2020 U.S. censuses. Important new sectors, such as Silicon Alley , emerged in

8625-409: The bench when the High Court sits in London on matters relating to its admiralty court functions; in past times it was borne by the marshal in procession, not only in court but on occasions of arrest of persons or vessels, and also on the way to Execution Dock for the last journey of those convicted of piracy . The date of the London oar is uncertain: it is depicted on the tomb of David Lewis, Judge of

8750-463: The benefit of maintaining legal entities with jurisdiction over a wide range of matters of significance to nations (the ICJ should not be confused with the ICC and this version of "universal jurisdiction" is not the same as that enacted in the War Crimes Law (Belgium) , which is an assertion of extraterritorial jurisdiction that will fail to gain implementation in any other state under the standard provisions of public policy ). Under Article 34 Statute of

8875-534: The business elite lobbied for the establishment of Central Park , which in 1857 became the first landscaped park in an American city. The Great Irish Famine brought a large influx of Irish immigrants, of whom more than 200,000 were living in New York by 1860, representing over a quarter of the city's population. Extensive immigration from the German provinces meant that Germans comprised another 25% of New York's population by 1860. Democratic Party candidates were consistently elected to local office, increasing

9000-613: The city from New Jersey. The East River—a tidal strait —flows from Long Island Sound and separates the Bronx and Manhattan from Long Island. The Harlem River , another tidal strait between the East and Hudson rivers, separates most of Manhattan from the Bronx. The Bronx River , which flows through the Bronx and Westchester County , is the only entirely freshwater river in the city. The city's land has been altered substantially by human intervention, with considerable land reclamation along

9125-439: The city rapidly replaced Wuhan , China as the global epicenter of the pandemic during the early phase, straining the city's healthcare infrastructure. Through March 2023, New York City recorded more than 80,000 deaths from COVID-19-related complications. New York City is situated in the northeastern United States , in southeastern New York State, approximately halfway between Washington, D.C. and Boston . Its location at

9250-632: The city's economy. The advent of Y2K was celebrated with fanfare in Times Square . New York City suffered the bulk of the economic damage and largest loss of human life in the aftermath of the September 11, 2001, attacks . Two of the four airliners hijacked that day were flown into the twin towers of the World Trade Center, resulting in the collapse of both buildings and the deaths of 2,753 people, including 343 first responders from

9375-794: The city's ties to the South and its dominant party. In 1861, Mayor Fernando Wood called on the aldermen to declare independence from Albany and the United States after the South seceded, but his proposal was not acted on. Anger at new military conscription laws during the American Civil War (1861–1865), which spared wealthier men who could afford to hire a substitute, led to the Draft Riots of 1863 , whose most visible participants were ethnic Irish working class. The draft riots deteriorated into attacks on New York's elite, followed by attacks on Black New Yorkers after fierce competition for

9500-467: The coast of France , and the Galloper Sands off the coast of Essex. The last full sitting was in 1914. According to general civilian practice, the registrar can (and here does) act as deputy to the judge. Unless the judge finds a conflict of interest in the registrar's work their main task is to co-invest each successive Lord Warden of the Cinque Ports . Appeal from the court's decisions lies to

9625-417: The development of large housing tracts in eastern Queens and Nassau County , with Wall Street leading America's place as the world's dominant economic power. The United Nations headquarters was completed in 1952, solidifying New York's global geopolitical influence, and the rise of abstract expressionism in the city precipitated New York's displacement of Paris as the center of the art world. In 1969,

9750-562: The difference in competence between federal and state courts. Federal courts are the High Court of Australia , the Federal Court of Australia , the Family Court of Australia , and other subsidiaries. Federal courts exercise federal jurisdiction - the judicial powers granted to the federal government by the constitution of Australia. The extent of that jurisdiction is outlined in both the Constitution and legislation enacted by

9875-493: The difficult question of how to co-ordinate their activities with those of national courts. If the two sets of bodies do not have concurrent jurisdiction but, as in the case of the International Criminal Court (ICC), the relationship is expressly based on the principle of complementarity , i.e., the international court is subsidiary or complementary to national courts, the difficulty is avoided. But if

10000-400: The discretion to hear a case that falls outside of its subject matter jurisdiction. It is also necessary to distinguish between original jurisdiction and appellate jurisdiction . A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff , while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction (or

10125-418: The early 18th century, New York grew in importance as a trading port while as a part of the colony of New York . It became a center of slavery , with 42% of households enslaving Africans by 1730. Most were domestic slaves ; others were hired out as labor. Slavery became integrally tied to New York's economy through the labor of slaves throughout the port, and the banking and shipping industries trading with

10250-670: The federal parliament. For example, section 73(ii) of the Constitution empowers the High Court to hear appeals from the supreme court of any state, and from other courts exercising federal jurisdiction. Likewise, section 39B(1A)(c) of the Judiciary Act 1903 (Cth) empowers the Federal Court of Australia to hear any matter arising under laws enacted by the federal parliament. Similarly, the jurisdiction of state courts

10375-567: The former territory of New Netherland , including the city of New Amsterdam , when the Kingdom of England seized it from Dutch control. In the pre-Columbian era , the area of present-day New York City was inhabited by Algonquians , including the Lenape . Their homeland, known as Lenapehoking , included the present-day areas of Staten Island , Manhattan , the Bronx , the western portion of Long Island (including Brooklyn and Queens ), and

10500-412: The hearing of a case if an appropriate administrative agency determines so. The primary distinctions between areas of jurisdiction are codified at the federal level. In the United States' common law system, jurisdiction is conceptually divided between jurisdiction over the subject matter of a case and personal jurisdiction over the parties to the case. A court whose subject matter jurisdiction

10625-499: The history of English common law, a jurisdiction could be held as a form of property (or more precisely an incorporeal hereditament ) called a franchise . Traditional franchise jurisdictions of various powers were held by municipal corporations , religious houses , guilds , early universities , the Welsh Marches , and counties palatine . Types of franchise courts included courts baron , courts leet , merchant courts , and

10750-473: The ice (and its subsequent retreat) contributed to the separation of what is now Long Island and Staten Island. That action left bedrock at a relatively shallow depth, providing a solid foundation for most of Manhattan's skyscrapers. The Hudson River flows through the Hudson Valley into New York Bay . Between New York City and Troy, New York , the river is an estuary . The Hudson River separates

10875-616: The imperial court should exist separately to the colonial courts, yet use the same facilities and personnel of the colonial courts. A colonial court of admiralty was established in the British Ceylon in 1891 under the Ceylon Courts of Admiralty Ordinance under the provisions of the Colonial Courts of Admiralty Act 1890 (UK) to deal jurisdiction over all admiralty and maritime actions. With Ceylon gaining self rule in 1948, jurisdiction over admiralty matters were transferred to

11000-447: The interests of justice, the second court is a more appropriate place to litigate. In assessing the interests of justice in any particular matter, the court will have regard to the interests of the parties. The mere existence of criteria to transfer matters over to different courts nonetheless means that parties have an interest in commencing proceedings in the most convenient jurisdiction to them. The advantage conferred onto first movers

11125-677: The island to England under the Treaty of Westminster of November 1674. Several intertribal wars among the Native Americans and epidemics brought on by contact with the Europeans caused sizeable population losses for the Lenape between 1660 and 1670. By 1700, the Lenape population had diminished to 200. New York experienced several yellow fever epidemics in the 18th century, losing ten percent of its population in 1702 alone. In

11250-467: The issue of forum shopping , nations are urged to adopt more positive rules on conflict of laws. The Hague Conference and other international bodies have made recommendations on jurisdictional matters, but litigants with the encouragement of lawyers on a contingent fee continue to shop for forums. Under international law there are different principles that are recognized to establish a state's ability to exercise criminal jurisdiction when it comes to

11375-575: The jurisdiction claimed is concurrent or, as in the case of International Criminal Tribunal for the former Yugoslavia (ICTY), the international tribunal is to prevail over national courts, the problems are more difficult to resolve politically. The idea of universal jurisdiction is fundamental to the operation of global organizations such as the United Nations and the International Court of Justice (ICJ), which jointly assert

11500-546: The jurisdiction of local courts to enforce rights granted under international law wherever there is incorporation. If there is no direct effect or legislation, there are two theories to justify the courts incorporating international into municipal law: In the United States, the Supremacy Clause of the United States Constitution makes all treaties that have been ratified under the authority of

11625-414: The jurisdiction of the courts of each state extends (at a basic level) to matters occurring within their state. Meanwhile, the jurisdiction of the Federal Court of Australia is over matters arising under federal law. The jurisdiction of the High Court is to hear appeals from states’ Supreme Courts, the Federal Court, and over matters prescribed in the Constitution of Australia. That approach to jurisdiction

11750-671: The last Director-General of New Netherland. During his tenure, the population of New Netherland grew from 2,000 to 8,000. Stuyvesant has been credited with improving law and order; however, he earned a reputation as a despotic leader. He instituted regulations on liquor sales, attempted to assert control over the Dutch Reformed Church , and blocked other religious groups from establishing houses of worship. In 1664, unable to summon any significant resistance, Stuyvesant surrendered New Amsterdam to English troops, led by Colonel Richard Nicolls , without bloodshed. The terms of

11875-545: The local population as a representative of the Dutch colonists. A permanent European presence near New York Harbor was established in 1624, making New York the 12th-oldest continuously occupied European-established settlement in the continental United States , with the founding of a Dutch fur trading settlement on Governors Island . In 1625, construction was started on a citadel and Fort Amsterdam , later called Nieuw Amsterdam (New Amsterdam), on present-day Manhattan Island. The colony of New Amsterdam extended from

12000-654: The matter. A court whose subject matter is not limited to certain types of controversy is referred to as a court of general jurisdiction . In the U.S. states , each state has courts of general jurisdiction; most states also have some courts of limited jurisdiction. Federal courts (those operated by the federal government ) are all courts of limited jurisdiction. Federal jurisdiction is divided into federal question jurisdiction and diversity jurisdiction . The United States district courts may hear only cases arising under federal law and treaties, cases involving ambassadors, admiralty cases, controversies between states or between

12125-419: The most populous urbanized area in the world in the early 1920s, overtaking London . The metropolitan area surpassed 10 million in the early 1930s, becoming the first megacity . The Great Depression saw the election of reformer Fiorello La Guardia as mayor and the fall of Tammany Hall after eighty years of political dominance. Returning World War II veterans created a post-war economic boom and

12250-556: The mouth of the Hudson River , which feeds into a naturally sheltered harbor and then into the Atlantic Ocean , has helped the city grow in significance as a trading port. Most of the city is built on the three islands of Long Island, Manhattan, and Staten Island. During the Wisconsin glaciation , 75,000 to 11,000 years ago, the New York City area was situated at the edge of a large ice sheet . The erosive forward movement of

12375-487: The nature of laws, the power ceded to these bodies cumulatively represents its own jurisdiction. But no matter how powerful each body may appear to be, the extent to which any of their judgments may be enforced, or proposed treaties and conventions may become, or remain, effective within the territorial boundaries of each nation is a political matter under the sovereign control each nation. The fact that international organizations, courts and tribunals have been created raises

12500-490: The occasion of its 500th anniversary, acknowledging the work of its brethren in advising the court over much of its history. In addition to representing the court in session, from the nineteenth century the silver oar has been the insignia of the Admiralty Marshal - an official responsible for serving writs of the court, and carrying out the sale of any vessels seized and disposed of by court decision. To expedite

12625-496: The only " transgender folks around" during the June 1969 Stonewall riots. The transgender community in New York City played a significant role in fighting for LGBT equality. In the 1970s, job losses due to industrial restructuring caused New York City to suffer from economic problems and rising crime rates. Growing fiscal deficits in 1975 led the city to appeal to the federal government for financial aid; President Gerald Ford gave

12750-415: The other principles as there is attached to it the obligation to either prosecute the accused or extradite them to a State that will, known as aut dedere aut judicare . At a supranational level, countries have adopted a range of treaty and convention obligations to relate the right of individual litigants to invoke the jurisdiction of national courts and to enforce the judgments obtained. For example,

12875-571: The political barriers to such unification in the face of entrenched nationalism will be very difficult to overcome. Each such group may form transnational institutions with declared legislative or judicial powers. For example, in Europe, the European Court of Justice has been given jurisdiction as the ultimate appellate court to the member states on issues of European law. This jurisdiction is entrenched, and its authority could only be denied by

13000-728: The press in North America . In 1754, Columbia University was founded. The Stamp Act Congress met in New York in October 1765, as the Sons of Liberty organization emerged in the city and skirmished over the next ten years with British troops stationed there. The Battle of Long Island , the largest battle of the American Revolutionary War , was fought in August 1776 within modern-day Brooklyn. A British rout of

13125-533: The reciprocal enforcement of foreign judgments is now more straightforward. At a national level, the traditional rules still determine jurisdiction over persons who are not domiciled or habitually resident in the European Union or the Lugano area. Many nations are subdivided into states or provinces (i.e. a subnational "state" ). In a federation —as can be found in Australia , Brazil , India , Mexico , and

13250-539: The region for the Dutch East India Company. In 1614, the area between Cape Cod and Delaware Bay was claimed by the Netherlands and called Nieuw-Nederland (' New Netherland '). The first non–Native American inhabitant of what became New York City was Juan Rodriguez , a merchant from Santo Domingo who arrived in Manhattan during the winter of 1613–14, trapping for pelts and trading with

13375-469: The risk of wasting the Court's time. Despite the safeguards built into the constitutions of most of these organizations, courts and tribunals, the concept of universal jurisdiction is controversial among those nations which prefer unilateral to multilateral solutions through the use of executive or military authority, sometimes described as realpolitik -based diplomacy. Within other international contexts, there are intergovernmental organizations such as

13500-443: The shared area. When jurisdiction is concurrent, one government entity may have supreme jurisdiction over the other entity if their laws conflict. If the executive or legislative powers within the jurisdiction are not restricted, or have only limited restrictions, these government branches have plenary power such as a national policing power . Otherwise, an enabling act grants only limited or enumerated powers. Child custody cases in

13625-611: The southern tip of Manhattan to modern-day Wall Street , where a 12-foot (3.7 m) wooden stockade was built in 1653 to protect against Native American and English raids. In 1626, the Dutch colonial Director-General Peter Minuit , as charged by the Dutch West India Company , purchased the island of Manhattan from the Canarsie , a small Lenape band, for "the value of 60 guilders " (about $ 900 in 2018). A frequently told but disproved legend claims that Manhattan

13750-577: The state Constitution, election matters, judicial conduct, and alleged misconduct by lawyers. This example shows how matters arising in the same physical territory might be seen in different courts. A minor traffic infraction originating in Orem, Utah is handled by the Orem Justice Court. However, a second-degree felony arrest and a first-degree felony arrest in Orem would be under the jurisdiction of

13875-507: The surrender permitted Dutch residents to remain in the colony and allowed for religious freedom. In 1667, during negotiations leading to the Treaty of Breda after the Second Anglo-Dutch War , the victorious Dutch decided to keep the nascent plantation colony of what is now Suriname , which they had gained from the English, and in return the English kept New Amsterdam. The settlement was promptly renamed "New York" after

14000-408: The territory of another state unless there is a rule that permits this. On that same note, states enjoy a wide measure of discretion to prescribe jurisdiction over persons, property and acts within their own territory unless there was a rule that prohibits this. Supranational organizations provide mechanisms whereby disputes between nations may be resolved through arbitration or mediation . When

14125-597: The world by pinnacle height, with its spire reaching a symbolic 1,776 feet (541.3 m), a reference to the year of U.S. independence . The Occupy Wall Street protests in Zuccotti Park in the Financial District of Lower Manhattan began on September 17, 2011, receiving global attention and popularizing the Occupy movement against social and economic inequality worldwide. New York City

14250-584: The world's largest natural harbors . The city comprises five boroughs , each coextensive with a respective county . The city is the geographical and demographic center of both the Northeast megalopolis and the New York metropolitan area , the largest metropolitan area in the U.S. by both population and urban area . New York is a global center of finance and commerce , culture , technology , entertainment and media , academics and scientific output ,

14375-493: The world's two largest stock exchanges by market capitalization of their listed companies: the New York Stock Exchange and Nasdaq . New York City is an established safe haven for global investors. As of 2023 , New York City is the most expensive city in the world for expatriates and has by a wide margin the highest U.S. city residential rents; and Fifth Avenue is the most expensive shopping street in

14500-525: The world. New York City traces its origins to Fort Amsterdam and a trading post founded on Manhattan Island by Dutch colonists around 1624. The settlement was named New Amsterdam in 1626 and was chartered as a city in 1653. The city came under English control in 1664 and was temporarily renamed New York after King Charles II granted the lands to his brother, the Duke of York , before being permanently renamed New York in November 1674. New York City

14625-453: The world. New York City is home by a significant margin to the highest number of billionaires , individuals of ultra-high net worth (greater than US$ 30 million), and millionaires of any city in the world. In 1664, New York was named in honor of the Duke of York (later King James II of England ). James's elder brother, King Charles II , appointed the Duke as proprietor of

14750-560: Was Arthur Phillip and the first judge was Robert Ross . The court was abolished in 1911 when the Supreme Court of New South Wales was granted the admiralty jurisdiction of the court. A vice-admiralty court was also formed in Nova Scotia to try smugglers and to enforce the Sugar Act of 1764 throughout British North America . From 1763 to 1765, when American smugglers were caught, they were tried by corrupt judges who received

14875-566: Was heavily affected by Hurricane Sandy in late October 2012. Sandy's impacts included flooding that led to the days-long shutdown of the subway system and flooding of all East River subway tunnels and of all road tunnels entering Manhattan except the Lincoln Tunnel . The New York Stock Exchange closed for two days due to weather for the first time since the Great Blizzard of 1888 . At least 43 people died in New York City as

15000-476: Was a haven for Loyalist refugees and escaped slaves who joined the British lines for freedom promised by the Crown , with as many as 10,000 escaped slaves crowded into the city during the British occupation, the largest such community on the continent. When the British forces evacuated New York at the close of the war in 1783, they transported thousands of freedmen for resettlement in Nova Scotia , England, and

15125-539: Was a prime destination in the early 20th century for Blacks during the Great Migration from the American South, and by 1916, New York City had the largest urban African diaspora in North America. The Harlem Renaissance of literary and cultural life flourished during the era of Prohibition . The larger economic boom generated construction of skyscrapers competing in height. New York City became

15250-458: Was made in that process, as well as whether and how that error ought to be rectified. Their job is to correct errors made in answering the said questions - essentially, to correct errors of law. The jurisdiction of Supreme Courts of states and territories may be vested in each other in special circumstances, the federal jurisdiction may also be vested in them. Technicalities aside, the scheme compels courts to transfer matters to another court if, in

15375-621: Was necessary to maintain a daily log of decisions. The growth in caseload was related to increasing disputes regarding breaches of charter, including ship's masters seeking compensation for unpaid freight and merchants suing for damage to goods or unexpected port fees. Cases reflected Scotland's principal marine industries including the transshipment of sugar and tobacco and the export of dried fish, coal and grains. A smaller number of cases related to smuggling, principally brandy, and to salvage rights for ships wrecked on Scottish shores. The court ceased operation in 1832 and its functions were subsumed into

15500-415: Was purchased for $ 24 worth of glass beads. Following the purchase, New Amsterdam grew slowly. To attract settlers, the Dutch instituted the patroon system in 1628, whereby wealthy Dutchmen ( patroons , or patrons) who brought 50 colonists to New Netherland would be awarded land, local political autonomy, and rights to participate in the lucrative fur trade. This program had little success. Since 1621,

15625-417: Was the U.S. capital from 1785 until 1790. The modern city was formed by the 1898 consolidation of its five boroughs : Manhattan , Brooklyn , Queens , the Bronx , and Staten Island . Anchored by Wall Street in the Financial District, Manhattan , New York City has been called both the world's premier financial and fintech center and the most economically powerful city in the world. As of 2022 ,

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