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Special Maritime and Territorial Jurisdiction of the United States
A Comprehensive Guide to Special Maritime and Territorial Jurisdiction of the United States
Definition & Meaning
The special maritime and territorial jurisdiction of the United States refers to specific areas where U.S. law applies, even if they are not located within the boundaries of the states. This includes lands that are reserved or acquired for the use of the United States, where the government has exclusive or concurrent jurisdiction. Examples include military bases, embassies, and certain territories under federal control.
Table of content
Legal Use & context
This term is significant in criminal law, particularly in cases involving offenses committed on federal property or in maritime contexts. It affects how laws are enforced and which legal procedures apply. Individuals may encounter this jurisdiction when dealing with federal crimes, such as drug trafficking or theft on military installations. Users can manage some legal processes related to this jurisdiction using templates available through US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
One example of special maritime and territorial jurisdiction is a crime committed on a U.S. Navy base. In this case, federal law applies, and local state laws do not govern the offense.
(Hypothetical example) If someone commits theft at a federal park, they could be prosecuted under federal law, rather than state law.
Relevant laws & statutes
The primary statute governing this jurisdiction is 18 U.S.C. § 7, which outlines the areas included under special maritime and territorial jurisdiction. Additionally, case law such as United States v. Gabrion, 517 F.3d 839 (6th Cir. Mich. 2008), provides further interpretation of how this jurisdiction is applied.
Comparison with related terms
Term
Definition
Differences
Federal jurisdiction
Authority of federal courts to hear cases under federal law.
Special maritime and territorial jurisdiction is a subset of federal jurisdiction focused on specific locations.
State jurisdiction
Authority of state courts to hear cases under state law.
State jurisdiction does not apply to federal properties or maritime areas governed by federal law.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in a legal matter within the special maritime and territorial jurisdiction, it is advisable to consult a legal professional who can guide you through the specific laws that apply. For those looking to handle simpler matters, US Legal Forms offers templates that can help you manage legal documents effectively.
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