Sentences with phrase «federal question jurisdiction»

This installment also focuses on the relationship between federal and state courts, including the U.S. Supreme Court's power to review state court decisions, the Erie doctrine's restriction on the common lawmaking powers of federal courts, and the parameters of federal question jurisdiction.

This is called federal question jurisdiction.

28 US Code § 1331 states that federal question jurisdiction means that the court may hear matters arising under the Constitution, federal law or treaty.

The court does have federal question jurisdiction because Casemaker continues to threaten to sue Fastcase for copyright infringement if it updates the Georgia regulations from the Georgia Secretary of State website.

Not exact matches

In 2011, the Supreme Court sided with the provinces on the main question of jurisdiction, while leaving the door open to federal - provincial co-operation.

I believe the Title IX claim creates the federal question which gets you to US W.D. having jurisdiction.

The premise of your question was faulty prior to the edit; the Constitution protects the rights of every individual within the jurisdiction of these United States from infringement by the Federal, State, and Local Governments.

A former Chief of Defence Staff, Alex Badeh, who is currently being tried by Economic and Financial Crimes Commission (EFCC) has questioned the jurisdiction of the Abuja Federal High Court to entertain the criminal charges filed against him by the anti graft agency.

have «federal question» jurisdiction, which means that federal courts will hear cases that involve issues touching on the Constitution or other federal laws.

(Murray's staffers had baited DeVos» with a question about students defrauded by Trump University who received some money back in a $ 25 million settlement, prompting DeVos» staffers to note that «Trump University was not a recipient of federal student aid, nor an accredited college or university, and therefore would not fall under my jurisdiction as Secretary of Education.»)

Broadly speaking, when individuals or businesses set up corporate entities in low or no - tax foreign jurisdictions for the purposes of avoiding taxes in their home countries, it raises serious questions about how the federal government should address it, including expanding the responsibilities of the Canada Revenue Agency to tighten enforcement.

In June 2009, the court granted defendants» motion to dismiss for lack of subject matter jurisdiction finding that plaintiffs» federal claim for nuisance is barred by the political question doctrine and for lack of standing.

The Federal Court of Appeal's Hospira decision therefore raises questions about the role and jurisdiction of prothonotaries in the Federal Court as well as these appeal routes with the Federal Court as the court equalizes the standard of reviews between prothonotaries and judges.

If there is any question as to whether drafts of an expert report may be discoverable, especially if the matter is pending in a jurisdiction governed by state law, it may be advisable to negotiate a stipulation that explicitly extends the protection of the Federal Rules to expert discovery.

In addition, since this decision concerns the due process limits on the exercise of specific jurisdiction by a State, the question remains open whether the Fifth Amendment imposes the same restrictions on the exercise of personal jurisdiction by a federal court.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

In a carefully researched post that links studies, new state laws, and commentary on the August 2003 tragedy in Santa Monica, Calif., (10 people died) Giacalone raises a classic question of state versus federal jurisdiction:

And here, since it appears from the statement in the order of the Court of Appeal that the question whether the Syndicalism Act and its application in this case was repugnant to the due process and equal protection clauses of the Fourteenth Amendment was considered and passed upon by that court — this being a federal question constituting an appropriate ground for a review of the judgment — we conclude that this Court has acquired jurisdiction under the writ of error.

Unless a business comes within the definition of federal undertaking in the Canada Labour Code, no question of federal jurisdiction in labour relations arises.

2012), addresses the important international practice question of whether activity by a non-U.S. sovereign satisfies the «commercial activity» exclusion to the application of the Foreign Sovereign Immunities Act, thus permitting the federal courts to exercise subject matter jurisdiction over a matter.

The Court of Appeal characterized this appeal as «a question about jurisdiction involving the constitutional division of powers between the federal and provincial governments, sometimes termed inter-jurisdictional immunity, as well as the doctrine of paramountcy.»

The question arises whether German courts have international jurisdiction to an action for an injunction on the grounds of violation of personal rights against the reporting on the website of a foreign broadcasting company limited to the territory of the Federal Republic of Germany.

A federal court has jurisdiction over a matter if there is a federal question or if it is a diversity of citizenship case.

However, in this case, the question is not the administrative body's jurisdiction under its governing statute; rather, the question is a classic federalism question pitting a regulator's authority on environmental matters under provincial jurisdiction against the federal government's jurisdiction over bankruptcy.

For more information on how jurisdiction generally works between levels of the federal government, see this question.

The questions as to whether a state could enforce, or would be subject to penalties if it chose to continue to enforce, its own laws following a denial by the Secretary of an exception request under § 160.203 or a holding by a court of competent jurisdiction that a state privacy law had been preempted by a contrary federal privacy standard raise several issues.

Actually, there is fairly limited Michigan law applying the ministerial exemption to this sort of wrongful termination, so the defendants rely on a lot of federal cases involving the ministerial exemption from Title VII, which is the subject of large circuit split on the substantive merits / jurisdiction question.

This definition is an essential element to the CFTC's case, as it serves as the sole basis for the CFTC's jurisdiction to bring these claims and it serves as the sole basis for the federal question that provides subject matter jurisdiction for this court.