Cyber Law Essay Example | Topics and Well Written Essays - 1250 words

Cyber Law - Essay Example Jurisdiction refers to the power and authority of a government to adjudicate, legislate and enforce its laws it is bound by territorial confines (does not outspread beyond the territory) (Singh, 2010). At one given time, the first questions that courts consider when a case is brought forward is whether they have the mandate to hear the case and whether they are the most appropriate courts for to hear the case.   If a court does not have jurisdiction over a matter, then the court is regarded as incompetent to adjudicate the matter and if it hears and make a decision over the matter, then the ruling made by the court would be quashed and termed as null and void (Chander, 2010). In this era of internet, worries of sovereignty and jurisdiction have rapidly come to the fore because internet does not make jurisdictional and geographical boundaries clear (Sherry, 2013). Therefore, for the above explained situation, the transaction may involve application of at least two jurisdictions name ly 1) the laws of the state/nation in which the user resides, the laws of the state/nation that apply where the server hosting the transaction is located (owner of Widget product). The law of the state/nation which applies to a person or business with whom a transaction takes place may also apply as the third law (Sherry, 2013).   For the case of the user in California, Federal Statues should apply since they are the supreme laws on the US soil and they overrule any opposing USA constituent state’s statues.