Sentences with phrase «appellate jurisdiction under»

It is unnecessary to consider whether, if Congress had made no exceptions and no regulations, this court might not have exercised general appellate jurisdiction under rules prescribed by itself.

The object of these Rules is to facilitate the just, expeditious and impartial determination of election petition appeals in exercise of the Court's appellate jurisdiction under Article 164 (3) of the Constitution.

The Court also has some appellate jurisdiction under various statutes.

Not exact matches

Perhaps the U.S. Congress will be able to invoke its powers under section five of the Fourteenth Amendment; perhaps Congress can use its powers under Article III to alter the Court's appellate jurisdiction.

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.»

By so doing, he is making himself a superintendent and overseer and an appellate court over decisions of a court of competent jurisdiction which under a constitutional democracy like ours and under the rule of law can never be possible.»

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The SCI exercises, inter alia, the following jurisdictions deriving its powers to do so under the Constitution of India: original jurisdiction [Article131], appellate civil jurisdiction [Articles 132 and 133], appellate criminal jurisdiction [Articles 132 and 134].

«In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make.»

Under the Nevada Constitution, the district court has final appellate jurisdiction in cases arising in the justice court.

This appeal was taken under 28 U.S.C. § 1254 (2), which provides this Court with appellate jurisdiction at the behest of a party relying on a state statute or local ordinance held unconstitutional by a court of appeals.

The supreme court shall have general appellate jurisdiction, co-extensive with the state, in both civil and criminal causes, and shall have a general superintending control over all inferior courts, under such rules and regulations as may be prescribed by law.

However, because it was decided by an appellate court, it is likely to influence decisions made under human rights legislation in all Canadian jurisdictions, particularly those involving employer drug use policies in safety sensitive workplaces.

First, on the strict matter of appellate jurisdiction, the Court of Appeals said yes, it had such jurisdiction and in terms of the standard of review, «A district court decides a motion to compel arbitration under the same standard it applies to a motion for summary judgment» and that «the party opposing arbitration is given the benefit of all reasonable doubts and inferences that may arise.»

(B) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves, or one under its appellate jurisdiction.

Under Jud.Code § 262, the circuit court of appeals has power to issue all writs not specifically provided for by statute which may be necessary to the exercise of its appellate jurisdiction.

(1) The judge should not serve if it is likely that as a fiduciary the judge would be engaged in proceedings that would ordinarily come before the judge or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves or one under its appellate jurisdiction.

The question presented was whether the Fourth Circuit had appellate jurisdiction — that is, whether the dismissal without prejudice was a final, appealable order under 28 U.S.C. 1291.

The appellate jurisdiction of this court is conferred by the Constitution, and not derived from acts of Congress, but is conferred «with such exceptions, and under such regulations, as Congress may make,» and, therefore, acts of Congress affirming such jurisdiction have always been construed as excepting from it all cases not expressly described and provided for.

We can only examine into its power under the Constitution, and the power to make exceptions to the appellate jurisdiction of this court is given by express words.

When, therefore, Congress enacts that this court shall have appellate jurisdiction over final decisions of the Circuit Courts in certain cases, the act operates as a negation or exception of such jurisdiction in other cases, and the repeal of the act necessarily negatives jurisdiction under it of these cases also.

«The Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make.»

But the petitioners were invoking the «special jurisdiction» which had been provided for under Section 14 of the Supreme Court Act, to have the Supreme Court re-determine the cause: on the ground that one of the appellate judges had lacked rectitude, so that this was a matter fit for re-opening before the Supreme Court.