Sentences with phrase «assumed jurisdiction of the state»

Not exact matches

Assuming it's true — state officials seemed to waffle, fiddle, and redefine when asked tough questions by reporters — this would go a long way toward explaining why Texas has for years had a rate of special - ed placements below just about every other state in the union, and far below a handful of jurisdictions (such as Massachusetts) that are pushing 20 percent.

It relates to the facts of Mr Farley's own case — that he had been unable to challenge the secretary of state's jurisdiction to assume jurisdiction on his former wife's assessment.

Assume that Mr. Grutman's proposed test is as follows: «If the state long - arm statute is satisfied and defendant has engaged in purposeful conduct directed at the forum state out of which conduct the cause of action arises, and that conduct satisfies the minimum contacts under which substantial justice and fair play make it reasonable to hail defendant into court there, and the forum state has an interest in providing a forum to the plaintiff, then the forum has personal jurisdiction over the defendant for that cause of action.»

Second, should this question be answered in the affirmative, the referring court asked the CJEU to shed light on the procedural consequences (question 4) and whether in that case the referring court can assume jurisdiction under Article 31, which requires a «real connecting link» between the subject matter of the measure sought and the territorial jurisdiction of the Member State (questions 5 and 6).

If the measure is one which has no equivalent in the law of the requested state — the Explanatory Report gives an example of a public law measure — then the requested state may adapt it to fit what it can achieve or may need to exercise its own substantive jurisdiction (assuming a change of habitual residence).

In Appellant's view, no State can assume jurisdiction to prosecute crimes committed on the territory of another State, barring a universal interest «justified by a treaty or customary international law or an opinio juris on the issue.»

Judge Schechter held that the state in which the first proceeding was filed should normally assume jurisdiction, since DRL § 76 - e indicates that a court may not exercise jurisdiction if «at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this article, unless the proceeding has been terminated or is stayed by the court of the other state.»

But is it correct to assume that an Admitted Lawyer can practice the law of any jurisdiction, so long as they do so from within their home state?

While there was no need to go any further, the ONCA further stated that jurisdiction should have also been assumed pursuant to s. 22 (1)(b) of the CLRA, given that all six criteria in that section were met:

Whether you're a citizen, foreign national or stateless, the state assumes jurisdiction over you, and all people and property in its geographical area of influence, under its recognized constitutional police power.

I'll comment since a practitioner will know better than I, but I would suspect that in the cases where you are suing for compensation or damages for distress or whatever (assuming that is a real claim), you would submit the complaint stating that there, in fact, was emotional distress (or whatever the standard is under the law of your jurisdiction) and leave it at that.