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What dus the following mean?

1. identify the relevant jurisdiction and so the relevant law. what is jurisdiction/relevant law? Can anyone give me eg. if lets say im dealing with software licensing infringement.

2. Identify whether the party to be advised is a natural person or a juridical entity. -what is a natural person / juridical entity.?

3. Decide which party has the onus of proof. ? What is onus of proof?

2007-09-21 06:35:48 · 2 answers · asked by joviyee76 1 in Politics & Government Law & Ethics

2 answers

Jurisdiction is the authority of a court to hear a matter.
There are three types -- jurisdiction over the subject matter of the dispute (the types of cases the court can hear), jurisdiction over parties (whether the court order is binding on the defendant), and jurisdiction over specific property (which applies in land disputes and a few other types of cases).

Subject matter jurisdiction is part of what determines which set of laws apply -- the topic of conflict of laws is much more complex than that, but generally if a dispute occurs in one state, then the laws of that state apply and the courts in that state have subject matter jurisdiction. For a contract or licensing dispute, the document will usually specify what state's laws apply.

A natural person is a person -- living human being. The alternative is an artificial person or business entity -- an association, a corporation, a partnership, a trust, etc.

Onus means burden -- the burden of proof. Generally, that refers to the issue of who needs to present evidence, and who needs to present sufficient evidence to prove their point.

For example, if the plaintiff (the person bringing a lawsuit) does not present sufficient evidence to support their case, the other side can win without ever saying a word -- the plaintiff has failed to meet their burden of proof.

2007-09-21 06:50:33 · answer #1 · answered by coragryph 7 · 0 0

1. The jurisdiction is what Court has control over it. So, if it's a federal court, the relevant law will be federal, not state or local.

2. Natural person is person. The other is a company or organization of some sort. Like, you could sue Target.

3. Onus is "burden" of proof. which party has to prove their side, and which party has to only show reasonable doubt? In our system, the prosecution has to prove it.

2007-09-21 06:46:45 · answer #2 · answered by suzanne g 6 · 0 0

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