Sentences with phrase «by giving jurisdiction»

Although the courts and legislatures have complicated the arbitration process by giving jurisdiction to arbitrators over almost every aspect of disputes in the workplace, they have also ensured that one process, for the most part, can address all aspects of a dispute.

Not exact matches

If he really wants to, Trudeau can invoke section 92 (10)(c), of the Constitution, which gives him the legal jurisdiction to by - pass the province and, for the «general advantage of Canada,» build the pipeline.

General Obligation (GO) bonds are municipal bonds backed by the credit and «taxing power» of the issuing jurisdiction rather than the revenue from a given project.

When the episcopal hierarchy of the East Syrian Church was fully organized by the beginning of the fifth century (410), the bishopric of Rewardastir was elevated to a metropolitanate and given jurisdiction over relations with India.

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.

GENERAL PROVISIONS By visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such actioBy visiting this site you agree that the Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such actioby and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law, and that any action at law or in equity arising out of or relating to these Terms of Use and the Privacy Policy shall be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the venue and personal jurisdiction of such courts for the purposes of such action.

Section (d) of the authorization document states that Mueller has to discuss any crime that doesn't fall within his «Jurisdiction» as layed out by the Attorney General with the AG, who can then determine if it should be added to the Jurisdiction, or given to an authority that can prosecute it.

As backed by Schorr, the state IG would be given broader jurisdiction to oversee the Legislature and independence from the governor's office.

But it is a safe bet to predict that nothing will be said about how, given that the tax systems in other jurisdictions are similarly complex and address similar issues, the UK happens to be the sole outlier, and by a massive margin — or how jurisdictions where unit costs are significantly higher nevertheless manage to sustain higher relative fiscal takes.

When the UN special rapporteur on extrajudicial, summary, or arbitrary executions made inquiries into drone attacks in 2002, and again in 2005, the U.S. responded by claiming that such incidents do not fall within the jurisdiction of the rapporteur, given that the applicable law is the international law of armed conflict.

If you have a single jurisdiction that can control the entire corporate tax system, one of the easiest and most common ways to integrate corporate and individual level income taxes is to impose taxes on corporate profits at the corporate level, but then to give recipients of dividends who are subject to domestic income taxes a credit equal to the percentage of income paid by the dividend paying corporation, treating the corporate income tax as a withholding tax that becomes final when dividends are distributed to foreign taxpayers who don't pay domestic income taxes.

Similarly in the motion brought by former President Goodluck Jonathan praying Justice Abang to set aside the subpoena issued to him to appear in court to give evidence for Metuh, the Court in a brief ruling held that it has no jurisdiction to entertain the motion argued by Chief Mike Ezekhome (SAN) for Jonathan on the ground that the former President has not been formally served with the subpoena.

He described the various judgements given by different courts of coordinate jurisdiction as an abuse of court processes, even as he annulled the National Convention held on May 21, 2016.

«If a gun regulation is most likely to be enacted in jurisdictions that have recently experienced a surge in gun violence and if that surge is temporary, the result will be that implementation of the new measure is followed by a drop in crime, giving the false appearance that it was effective,» the researchers wrote.

Given the committee's jurisdiction, however, the bill would only affect researchers funded by NIH and other agencies within the Department of Health and Human Services.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Participation, or the rights and obligations of the participant and Bandai Namco in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties» intentions as reflected in the provision, and the other provisions of these terms and conditions remain in full force and effect.

Re: the US News article on top about ESSA: Chairwoman Foxx is right about the role of the federal government in America's K - 12 education system; and families can continue to pressure educrats like Mr Botel by opting out, wherever and whenever possible, from their local state schools until the federal government gives up on the continuing mistake of its annual testing requirement in two subjects only, which has produced no significant improvement in American education for 15 years now, but has cost us in lost opportunities, including time and energy that might have been devoted to non-tested subjects, including those in the broader curricula represented by the International Baccalaureate Diploma Programme, which requires assessment — including but not limited to external final exams — in six subjects distributed over at least five fields, an assessment approach that has been imitated by the world's leading educational jurisdictions, but is being discouraged by the ignorant Luddites in the the U.S. ED.

Empowered Educators: An Unparalleled View of Teaching Quality Around the World from Linda Darling - Hammond Funded and supported by the National Center on Education and the Economy (NCEE), NISL's parent organization, leading education researcher Linda Darling - Hammond's new book Empowered Educators gives groundbreaking insights into how seven high - performing jurisdictions across four continents constructed coherent systems to recruit, develop and support high - quality teachers.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

(b) If the respondent named in a charge filed under section 706 fails or refuses to comply with a demand of the Commission for permission to examine or to copy evidence in conformity with the provisions of section 709 (a), or if any person required to comply with the provisions of section 709 (c) or (d) fails or refuses to do so, or if any person fails or refuses to comply with a demand by the Commission to give testimony under oath, the United States district court for the district in which such person is found, resides, or transacts business, shall, upon application of the Commission, have jurisdiction to issue to such person an order requiring him to comply with the provisions of section 709 (c) or (d) or to comply with the demand of the Commission, but the attendance of a witness may not be required outside the State where he is found, resides, or transacts business and the production of evidence may not be required outside the State where such evidence is kept.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

In fact, in many jurisdictions, it is illegal to interfere with a service dog unless he is off duty and you are given permission to interact by the handler.

The content and materials contained in this website are to be construed in accordance with and governed by the internal laws of the State of New York (as permitted by Section 5 - 1401 of the New York General Obligations Law or any similar successor provision), without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the parties.

If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

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.

Details vary by jurisdiction but, in general, a treaty negotiated by the executive branch would usually require ratification by the legislature to give it effect under domestic law.

A Qualified Lawyer is a professional who is licensed to practice law by an approved regulator of legal services in a given jurisdiction.

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 other option may be a voluntary commitment to being bound by the European court and its decisions, just as we are now, which might be unpalatable for some, given that many voted to remove Britain from the ECJ's jurisdiction.

The opinion recites four considerations that would tend to establish an ethical duty for a lawyer to warn the client against using a business device or system for electronic communication: Where the client has already communicated by electronic means or has indicated an intention to do so; where the client is employed in a position that would provide access to a workplace device or system; given the circumstances, the employer or a third party has the ability to access the email communications and; that as far as the lawyer knows, the employer's internal policy and the jurisdiction's laws do not clearly protect the privacy of the employee's personal email communications via a business device or system.

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 first argument developed by the AG is that «[t] he use of the new approach directives may not compromise the Court's jurisdiction to give preliminary rulings» (see para. 42 - 45 of the Opinion).

The law societies do not give sufficient importance to the interactions among: (1) the problem and its consequences — the thousands of people whose lives have been damaged for lack of affordable legal services provided by competent lawyers; (2) the power of the internet, the social media, and the news media together, to make those consequences into a public and political issue so quickly that there will not be time for the law societies to publish a persuasive response, and which issue will compel government intervention by way of programs on the way to socialized law; (3) the fact that self - regulation of the legal profession has been lost by the law societies in several jurisdictions of the common law world and the U.S; [7] and, (4) the fact that the consequences of the unavailability of legal services at reasonable cost will motivate the many non-lawyer legal service providers to offer legal services that should be provided by lawyers, to people desperate for a lawyer's services that they can not afford.

Before I get to the point here, I'd like to set forth the Rules of LBW Procedure (as decreed by me), which govern this blog's jurisdiction over any given story:

However, in view of the objective of foreseeability, which the rules on jurisdiction must pursue, the place of establishment of that server can not, by reason of its uncertain location, be considered to be the place where the event giving rise to the damage occurred for the purpose of the application of Article 5 (3) of Regulation No 44/2001.

«The basic principles by which the Regulation allocates jurisdiction, giving priority (subject to exceptions) to the domicile of the defendant, are entirely unsuited to arbitration, in which the situs and governing law are generally chosen by the parties on grounds of neutrality, availability of legal services and the unobtrusive effectiveness of the supervisory jurisdiction.

However, under Art 35 TEU, jurisdiction for the Court of Justice to give preliminary rulings in this field has to be conferred by a declaration from each member state.

Given that the impact which material placed online is liable to have on an individual's personality rights might best be assessed by the court of the place where the alleged victim has his centre of interests, the attribution of jurisdiction to that court corresponds to the objective of the sound administration of justice, referred to in paragraph 40 above.

The Supreme Court of Canada in the seminal Morguard decision held that the courts in one province should give full faith and credit to judgments given by a court in another province or territory so long as that court has properly exercised jurisdiction in the action.

In a majority opinion authored by Ginsburg (Stevens concurred, Breyer recused), the Court found that the Compact did not give New Jersey exclusive jurisdiction over all riparian improvements commencing on its shores.

At the top of each page is a performance map that gives a nationwide view and that can be filtered by score and jurisdiction.

Sir Anthony Clarke MR (giving the judgment of the court): The facts found by the judge were that the Coalition Provisional Authority in Iraq (following the ousting of the government of Saddam Hussain) had issued an order whereby the multinational force (of which British troops formed a pArt) should be «immune from Iraqi legal process» and that all personnel should be «subject to the exclusive jurisdiction of their sending States».

Here, the Court ruled that the Bier rule would grant jurisdiction to the courts of the Member State where the publisher is established (i.e. the place where the event giving rise to the harm occurred), or before the courts where the newspapers were (physically) distributed and where the victim alleges to have suffered harm (i.e. the place where the damage occurred).

As already stressed by Megi Medzmariashvili in her post of 1st March 2016, the question of whether the Court of Justice of the European Union («the Court» or «CJEU») has jurisdiction to give a preliminary ruling on the interpretation of a harmonised technical standard («HTS») adopted by the European Committee for Standardisation («CEN») is, for the first time, raised in Case C - 613 / 14, James Elliot Construction Ltd v Irish Asphalt Limited.

Scalia held that the Compact gave New Jersey exclusive jurisdiction over improvements beginning in its territory, noting that Delaware could effectively deny New Jersey of any authority by voting to block the permit.

Given that the provinces and territories have jurisdiction over non-medical sales, non-medical sales licenses are contemplated by the Federal Government only in the event that a given province or territory fails to have a retail system in place by July, Given that the provinces and territories have jurisdiction over non-medical sales, non-medical sales licenses are contemplated by the Federal Government only in the event that a given province or territory fails to have a retail system in place by July, given province or territory fails to have a retail system in place by July, 2018.