Also known as: foreign country · foreign nations · foreign states
Written by attorneys — see sources below.
An independent sovereign nation other than the United States. The phrase identifies jurisdictions whose laws, governments, or citizens trigger distinct rules for commerce regulation, jurisdictional citizenship, support orders, and judicial authority.
Flagship Logistics ships goods from ports in a foreign country to U.S. buyers. Congress imposes a uniform duty on the imports under its commerce power. The duty applies equally to all such shipments regardless of the specific foreign country involved.
Ferrum Metals is incorporated in a foreign country and maintains its headquarters there. When sued in federal court by a U.S. citizen, the court treats the company as a citizen of that foreign country for diversity purposes based on its nerve center.
Francisco Frost obtains a child-support order from a tribunal in a foreign country. The order remains enforceable in a U.S. state court after registration because the issuing jurisdiction qualifies as a foreign country under the uniform act.
Fulton Shipping, a U.S. firm, sues a foreign country in federal court over a maritime contract dispute. The court exercises jurisdiction because the controversy involves a foreign state as expressly authorized by the Constitution.
Frederick Ferguson is questioned abroad by foreign police using procedures that differ from U.S. requirements. The court evaluates the confession's voluntariness by reference to the foreign country's legal standards on custodial interrogation.
In March 1963 Ernesto Miranda was arrested at his home in Phoenix and taken to the police station where he was identified by the complaining witness. He was then questioned by two officers in Interrogation Room No. 2 for two hours. The officers did not advise him of any right to counsel. Miranda signed a typed confession that was introduced at his trial for kidnapping and rape. On October 14 1960 Michael Vignera was arrested in connection with a Brooklyn robbery. He was taken first to the 17th Detective Squad headquarters in Manhattan and later to the 66th Detective Squad. A detective questioned him for several hours without any advice concerning counsel. Vignera made an oral admission. He was then questioned by an assistant district attorney whose transcribed statement was also introduced at his trial for first-degree robbery. On March 20 1963 Carl Calvin Westover was arrested by Kansas City police as a suspect in two local robberies. Kansas City police interrogated Westover on the night of his arrest. The next day local officers interrogated him again throughout the morning. Westover was then turned over to FBI agents who questioned him for two to two-and-a-half hours about California robberies and obtained signed confessions. At the time the FBI agents began questioning Westover he had been in custody for over fourteen hours. On January 31 1963 Roy Allen Stewart was arrested at his home in connection with a series of purse-snatch robberies. During the next five days police interrogated Stewart on nine different occasions without any advice of rights. On the ninth session Stewart confessed. Transcripts of the interrogations were introduced at his trial for kidnapping rape and murder. The Arizona Supreme Court affirmed Miranda's conviction. The New York courts affirmed Vignera's conviction. The Ninth Circuit affirmed Westover's conviction. The California Supreme Court reversed Stewart's conviction. The Supreme Court granted certiorari in the four cases and consolidated them for argument.
View caseFloyd Franklin's vessel carrying cargo from a foreign country is seized at the outbreak of hostilities. The court applies prize rules that distinguish treatment of goods owned by merchants domiciled in the foreign country from those merely visiting its ports.
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View caseA corporation is a citizen of every foreign country in which it is incorporated and the foreign country where its nerve center is located. This dual citizenship can destroy complete diversity when opposing parties are citizens of the same foreign country.
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A written will is valid if its execution complies with the law of the foreign country where it was executed or with the law of the testator's nationality. Compliance with either source satisfies the choice-of-law rule for formal validity.
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The power to recognize foreign countries and their governments belongs exclusively to the President. Congressional statutes attempting to dictate recognition of a particular foreign country as the place of birth on passports are unconstitutional.
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Congress holds power to regulate commerce with foreign countries. This authority permits uniform duties and trade rules that apply equally across all foreign countries without violating the uniformity requirement.
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…suspect than the FBI warning, making no mention of appointed counsel. Developments, supra , n. 2, at 1084-1089. The law of the foreign countries described by the Court also reflects a more moderate conception of the rights of the accused as against those of society when other data are considered. Concededly, the English experience…