Sentences with phrase «act giving jurisdiction»

Not exact matches

«This document may in fact give [Becerra] jurisdiction over certain criminal acts associated with this payment,» Avenatti said.

If he gets sanctioned by the New York commission (which seems rather sensible given the way he acted at an MMA - related event in their jurisdiction) then there's a good chance it'd be recognised by Nevada.

But sudden big changes in the UK constitution are not easily accepted, as we have seen with the likes of giving more power to the EU and the Human Rights Act, which gives the European Court of Human Rights jurisdiction in the UK and which the Tories want to replace.

One of the counts reads: «That you Nwobike, on the 19th day of March, 2015 in Lagos, within the jurisdiction of this Honourable Court, intentionally gave the sum of N750, 000 to Hon. Justice Mohammed Nasir Yunusa of the Federal High Court directly through your United Bank for Africa Plc Account No. 1002664061 in order that the said Judge acts in the exercise of his official duties».

For example, when Parliament enacted the Matrimonial Causes Act 1857, which transferred jurisdiction from the ecclesiastical courts of the CoE to the High Court, it stated that the High Court should be «conformable to the Principles and Rules on which the Ecclesiastical Courts have heretofore acted and given Relief».

The committee found many instances in which a country's ranking goes up in a given release year, but its mean score goes down — meaning that countries are ranked higher but doing worse — or where the differences between ranked jurisdictions» scores are so statistically insignificant that the act of ranking them adds a meaning that isn't there.

Additionally the Act gives the FPB jurisdiction over films and games, but not over all published content.

Subtitle E: Additional Market Assurance -(Sec. 351) Amends the Commodity Exchange Act to: (1) require energy derivatives to be traded on a CFTC - regulated exchange unless CFTC issues an exemption; (2) require CFTC to fix limits, with respect to energy transactions, on the aggregate number of positions which may be held by any person for each month across all markets subject to the CFTC's jurisdiction; (3) require CFTC to convene a Position Limit Energy Advisory Group to give CFTC recommendations on such position limits; (4) give CFTC exclusive authority to grant exemptions for bona fide hedging transactions and positions from position limits imposed on energy transactions; (5) revise provisions concerning bona fide hedging transactions; and (6) require CFTC to issue a rule defining and classifying index traders and swap dealers for the purposes of data reporting requirements and setting routine detailed reporting requirements for any position of such entities in contracts traded on designated contract markets, over-the-counter markets, derivatives transaction execution facilities, foreign boards of trade, and electronic trading facilities with respect to significant price discovery contracts.

In Mubarak v Mubarak [2001] 1 FLR 698, [2000] All ER (D) 2302 the first post-Human Rights Act 1998 case on this jurisdiction (and see «Enforcement matters», David Burrows, 159 NLJ 7368, p 653), Brooke LJ emphasised the importance that the respondent, who faces what amounts to a criminal charge (see Engel and Others v The Netherlands (No 1)(1979) 1 EHRR 647), should know the case against him or her (ie McFarlane LJ's list: (a) and (b)-RRB-: «In Newman v Modern Bookbinders Ltd [2000] 2 All ER 814, [2000] 1 WLR 2559 judgment was given in [a case which is] far removed from the present.

Given that this is the first request for a preliminary reference concerning the validity of international agreements concluded by the EU and their acts of conclusion, it also raised some new procedural questions, especially concerning the Court's jurisdiction.

The suit claims Rosenstein acted beyond his authority in giving the special counsel such a broad grant of jurisdiction, and any actions taken pursuant to that authority must be set aside.

In this case, the Court readily accepted that it has jurisdiction to give preliminary rulings on the interpretation and validity of all EU acts, «without exception».

the Court has jurisdiction to give preliminary rulings on the validity of CFSP acts, provided that it relates either to the monitoring of the act's compliance with Article 40 TEU, or to reviewing the legality of restrictive measures against natural or legal persons.

On further appeal to the B.C. Court of Appeal, the Association argued that the legislative scheme (the Veterinarians Act, R.S.B.C. 1996, c. 476 (the «Act»)-RRB- gave no jurisdiction to the Committee or the Council to «enter upon an inquiry into the issue of general discrimination or bias».

Acted for applicant companies on applications for cross-border mergers which gave rise to important questions as to scope of the English Court's jurisdiction.

Section 35 of the Constitution Act, 1982, does not, as held by the Court, give to the courts the jurisdiction to expropriate indigenous sovereignty in contravention of the previously settled constitutional law.

The decision to assign a strategy memo, rather than a full blown brief, 119 more realistically justified why the students should analyze Canadian law but still led them to look at both the Convention on child abduction and the Uniform Child Custody Jurisdiction and Enforcement Act.120 It also gave them some experience in a different style of writing than either the formal office memo of the first semester or the full blown brief they do later in the spring.

The first UFC established in Hamilton in 1977 had been given jurisdiction over juvenile delinquency proceedings and this continued with the introduction of the Young Offenders Act of 1984 — at least for youth up to their 16th birthdays.

In this case, it was held that under section 3 of the Act the court has jurisdiction to give appropriate relief especially the interim orders where the seat of arbitration is outside Bangladesh.

Primary ground X's primary ground for its submission that the court had no jurisdiction to give leave for a set - off was based on s 25 of the Crown Proceedings Act 1947.

He has also acted in a number of actions giving rise to complex issues as to jurisdiction and the grant of interlocutory relief including anti-suit injunction.

The Court of Appeal decided that a reference to the CJEU was necessary as, although the decision of the Bundesgerichtshof was persuasive (as it is the highest civil court in Germany), the meaning of «the Member State where the act of infringement has been committed» in Art. 97 (5) / 125 (5) of the EU Trade Mark Regulation had not been decided by the CJEU, and it considered that the decision not to allocate jurisdiction in circumstances where there was activity in Country A which led to infringement of the EU trade mark in Country B, would give rise to there being no jurisdiction at all for such infringement.

81 Where an adjudicative function is given by an Act to a judge or officer of a court in Ontario, the jurisdiction shall be deemed to be given to the court.

The judgment deals with the interrelation of the power to make a limited grant for these purposes pursuant to section 116 of the Senior Courts Act 1981, and the inherent jurisdiction of the High Court to give directions as to the disposal of a dead body.

Justice Nadon considered the Federal Courts Act, which gives the Federal Court jurisdiction to seize and sell offending ships (s. 43 (2)-RRB- and ships which are «owned by the beneficial owner» of the offending ship — i.e. sister ships (s. 43 (8)-RRB-.

The Judiciary Act of 1789 gave the federal district courts jurisdiction in maritime law and appointed the Supreme Court as the final authority of law disputes.

-LSB-...] I have also considered Mr. Hillman's arguments with respect to the Interpretation Act and also to the issue of «McKenzie Friend» representation as this applies in U.K. family law -LSB-...] I also conclude that McKenzie Friends, do not have a role here in our jurisdiction given the wording and operation of our Criminal Code.

Section 91 of the Canadian Constitution (the Constitution Act, 1867) gives the Parliament of Canada (i.e., the federal government) exclusive jurisdiction over «Indians and Lands reserved for the Indians».

Under the Contracts Applicable Laws Act 1990, effect may be given to mandatory laws of England and Wales, but not to those of some other jurisdiction.

The claim in rem against the pleasure craft was based on s22 (3)(d) of the Federal Courts Act which gives the Federal Court jurisdiction in relation to all mortgages on a ship, registered or not, whether legal or equitable, and whether created under foreign law or not.

Richard has acted for large multinationals, banks, liquidators, shareholders and high net worth individuals often involving highly complex disputes which give rise to concurrent proceedings in one or more jurisdictions.

In a previous blog post, we sought to give our readers an overview of the relationship between provincial laws of general application and the federal jurisdiction over «Indians and lands reserved for Indians» set out in section 91 (24) of the Constitution Act, 1867.

Finally, the Federal Court was not the appropriate forum in which to address the issue, given the minor role the court plays in issues under the Divorce Act and the breadth of the jurisdiction and expertise of the provincial superior courts in matters related to divorce and child support.

For example, Alberta's Family Law Act gives courts jurisdiction to grant orders restraining a spouse from attending at or near the family home (s 68).

The Limitation Act 1980 (LA 1980), s 36 is concerned with equitable jurisdiction and remedies and takes with one hand but gives back with the other in stipulating that the time limit under numerous sections of LA 1980 «shall not apply to any claim for specific performance of a contract or for an injunction or for other equitable relief» except, tantalisingly:

Then, along came s 25 of the Civil Jurisdiction and Judgments Act 1982, which gave the English court the power to order a Mareva off the back of foreign proceedings, first those in Europe and then in the rest of the world.

Alternatively, section 48 of the Supreme Court Act, RSC 1985, c S - 26 gives the SCC jurisdiction to amend the pleadings as it sees fit to resolve the real issue in dispute.

Others argue that an arbitration agreement which gives a family law arbitrator the jurisdiction to vary an order regarding parenting arrangements amounts to an agreement to remove the Court's jurisdiction to vary a parenting arrangement contrary to s. 2 (2) of the Arbitration Act, which reads as follows:

Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for the purpose of providing good government with respect to those matters.

The Federal Judiciary Act of 1789, gave federal district courts jurisdiction over federal crimes.

The question to which the Supreme Court recently gave a mistaken answer was: Has the revolution in race relations since enactment of the 1965 Voting Rights Act rendered the act's Section 5 anachronistic and hence unconstitutional as a no - longer defensible encroachment on the rights of the affected jurisdictioAct rendered the act's Section 5 anachronistic and hence unconstitutional as a no - longer defensible encroachment on the rights of the affected jurisdictioact's Section 5 anachronistic and hence unconstitutional as a no - longer defensible encroachment on the rights of the affected jurisdictions?

The court relied on section 23 of the Children's Law Reform Act, which gave jurisdiction because the children were in Ontario and were found to be a risk of serious harm if they were to return to Nigeria.

(1) The principal executive officer of a court that has jurisdiction under this Act must ensure that any person who is considering instituting proceedings under this Act is, on the first occasion the person deals with a registry of the court, given documents containing the information prescribed under:

(2) The principal executive officer of a court that has jurisdiction under this Act must ensure that, if a person involved in proceedings under this Act requests an officer or staff member of the court for information about family counselling services or family dispute resolution services, the person is given documents containing information about those services.

In a divorce, a lawyer gives advice, acting as counsel, and files forms required by the jurisdiction as part of the divorce process.

Aboriginal governments and institutions require the jurisdiction or authority to act in a number of areas in order to give practical effect to the inherent right of self - government.

A child custody determination made by a court of this state that had jurisdiction under this act binds all persons who have been served in accordance with the laws of this state or notified in accordance with section 8 of this act or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard.

Two sections of the long arm statute give New York courts jurisdiction over those who commit tortious acts outside of the state that cause injuries within the state, but both sections also contain exemptions for defamation claims from their jurisdiction requirements.