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Do you enjoy Information? Here are some facts.

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Military Jurisdiction

             Military jurisdiction refers to the authority of military law1. It is the power and authority of a threefold character under the Constitution1:

  1. Jurisdiction under Military Law: This can be exercised both in peace and war. It is found in acts of Congress prescribing rules and articles of war, or otherwise providing for the government of the national forces1.
  2. Military Government: This can be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within states or districts occupied by rebels treated as belligerents1. It supersedes, as far as may be deemed expedient, the local law, and is exercised by the military commander under the direction of the President, with the express or implied sanction of Congress1.
  3. Martial Law Proper: This can be exercised in time of invasion or insurrection within the limits of the United States, or during rebellion within the limits of states maintaining adhesion to the National Government, when the public danger requires its exercise1. It is called into action by Congress, or temporarily, when the action of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of insurrection or invasion, or of civil or foreign war, within districts or localities where ordinary law no longer adequately secures public safety and private rights1.

In the context of military courts, the jurisdiction extends to all members of the armed forces of the United Kingdom, and civilians subject to service discipline2. Most offences by members of the armed forces against service law are dealt with by commanding officers through a summary hearing2. A person charged with an offence which could be dealt with by a summary hearing before a commanding officer has the right to choose trial by the Court Martial instead2.


Principal Place of Business

             

The principal place of business of a principal debtor refers to the primary location where the debtor’s business operations occur or where the management directs, controls, and coordinates the business activities1.

In the context of the Uniform Commercial Code (UCC), the principal place of business is defined as follows1:

  • If the debtor is an individual, the location is at the individual’s principal residence.
  • If the debtor is an organization and has only one place of business, the location is at its place of business.
  • If the debtor is an organization and has more than one place of business, the location is at its chief executive office1.

In the context of bankruptcy law, a debtor may file a bankruptcy petition in the place where it is incorporated, where it has its principal place of business, or where its principal assets are located23.

It’s important to note that the definition of “principal place of business” can vary depending on the legal context and jurisdiction. Always consult with a legal professional for advice specific to your situation. 

Article 2 of the Uniform Code of Military Justice (UCMJ), also known as 10 U.S. Code § 802,

                Article 2 of the Uniform Code of Military Justice (UCMJ), also known as 10 U.S. Code § 802, outlines who is subject to military law1. It includes:

  1. Members of a regular component of the armed forces, including those awaiting discharge after expiration of their terms of enlistment; volunteers from the time of their muster or acceptance into the armed forces; inductees from the time of their actual induction into the armed forces; and other persons lawfully called or ordered into, or to duty in or for training in, the armed forces, from the dates when they are required by the terms of the call or order to obey it1.
  2. Cadets, aviation cadets, and midshipmen1.
  3. Members of a reserve component; and members of the Army National Guard of the United States or the Air National Guard of the United States, but only when in Federal service1.
  4. Retired members of a regular component of the armed forces who are entitled to pay1.
  5. Retired members of a reserve component who are receiving hospitalization from an armed force1.
  6. Members of the Fleet Reserve and Fleet Marine Corps Reserve1.
  7. Persons in custody of the armed forces serving a sentence imposed by a court-martial1.
  8. Members of the National Oceanic and Atmospheric Administration, Public Health Service, and other organizations, when assigned to and serving with the armed forces1.
  9. Prisoners of war in custody of the armed forces1.
  10. In time of declared war or a contingency operation, persons serving with or accompanying an armed force in the field1.
  11. Subject to any treaty or agreement to which the United States is or may be a party or to any accepted rule of international law, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands1.
  12. Subject to any treaty or agreement to which the United States is or may be a party or to any accepted rule of international law, persons within an area leased by or otherwise reserved or acquired for the use of the United States which is under the control of the Secretary concerned and which is outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands1.
  13. Individuals belonging to one of the eight categories enumerated in Article 4 of the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316), who violate the law of war1.


Positive Law

Positive Law is a type of law that is made by humans, specifically by a legislature, court, or other human institution1. It can take whatever form the authors want1. These are statutes, codes, and regulations that have been enacted by a legislature2. Positive law also describes the establishment of specific rights for an individual or group3. It is law actually and specifically enacted or adopted by proper authority for the government of an organized jural society23.

As for Title 10 in relation to tenants and landlords, it appears you might be referring to the U.S. Code Title 10, Section 2890, which outlines the rights and responsibilities of tenants of housing units4. This includes the right to reside in a housing unit and community that meets applicable health and environmental standards, and the right to reside in a housing unit that has working fixtures, appliances, and utilities4. Each contract between the Secretary concerned and a landlord incorporates the housing documents and guarantees the rights and responsibilities of tenants who reside in housing units covered by the contract5.

In general, a landlord is defined as the owner, lessor, or sublessor of the dwelling unit or the building of which it is a part6. In some contexts, such as in a park or marina, the owner is considered the landlord, and the occupants are their tenants7.


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