Sentences with phrase «by jurisdiction because»

Not exact matches

Because the ruling affects only the area the court has jurisdiction over (Texas, Mississippi and Louisiana), advisors beyond those borders remain bound by the requirements already in place, according to Wagner.

Compounding a victim's frustration, the FBI is often unable to investigate claims made by individuals or entrepreneurs because the agency's limited jurisdiction and resources make it very difficult to investigate smaller crimes.

In addition, our future income taxes could fluctuate because of earnings being lower than anticipated in jurisdictions that have lower statutory tax rates and higher than anticipated in jurisdictions that have higher statutory tax rates, by changes in the valuation of our deferred tax assets and liabilities, or by changes in tax laws, regulations, or accounting principles.

It shall be unlawful for any broker, dealer, or exchange, directly or indirectly, to make use of the mails or any means or instrumentality of interstate commerce for the purpose of using any facility of an exchange within or subject to the jurisdiction of the United States to effect any transaction in a security, or to report any such transaction, unless such exchange (1) is registered as a national securities exchange under section 6 of this title, or (2) is exempted from such registration upon application by the exchange because, in the opinion of the Commission, by reason of the limited volume of transactions effected on such exchange, it is not practicable and not necessary or appropriate in the public interest or for the protection of investors to require such registration

At a Council, the Pope signs as Bishop of the Catholic Church because he has jurisdiction in any diocese which he visits and can officiate at marriage and ordain to the priesthood legally, ex iure, by virtue of his office.

The analysis can be time - consuming because it involves review of applicable laws, coordination with local counsel and gathering information that in many cases varies by jurisdiction.

However, because the law didn't provide recourse for parents who left the jurisdiction, these parents frequently escaped justice by relocating to a jurisdiction that hadn't adopted the law.

@DrunkenSanta9035768 - I know there were a lot of questions about what actions by «contractors» were actually prosecuteable during the Iraq occupation, because of the lack of a civilian government and lack of civilian jurisdiction for the USA government.

He went on to say the plan is «not fair, because by that theory then only jurisdictions that happen to have a lot of resources will ever get ahead, so the rich get richer.»

In some jurisdictions, the property can be taxed twice: Once by the city and once by the county the city resides in, so property taxes in say Los Angeles might be high not because of one set rate by the City of Los Angeles but the County of Los Angeles might also assess a tax rate.

According to him, the US Embassy said it was because his name was among a looters list submitted to it by the federal government arguing that the publication of his name as a looter was malicious since he has not been convicted by any court of competent jurisdiction.

I suspect that this is because health insurance has been historically regulated by states rather than the federal government and this was a convenient way of allocating jurisdiction among state insurance regulators.

Brodsky added that he thinks a number of the larger corruption cases were prosecuted by the federal authorities simply because they fell under federal jurisdiction.

They were abolished last month, to be replaced by private firms whose staff — partially allocated by lottery — do not have full access to former convicts» records because they are under the jurisdiction of another company.

«This same kinsman of mine whitewashed the Ford Expedition Saga even though he knew the CHRAJ had no jurisdiction over the President because the Attorney General could not prosecution him even if he were found culpable by CHRAJ,» the former AG noted.

From the headings of the above quoted invitation letters, it is very clear that the IGP was invited on those occasions by the Senate purposely because of Senator Dino Melaye's criminal indictment in respect of felonious and serious offenses of Criminal Conspiracy and Unlawful Possession of Prohibited Firearms by two (2) Principal Suspects (Kabiru Seidu A.K.A OSAMA, Nuhu Salisu A.K.A SMALL) arrested for several cases of kidnappings and armed robberies in Kogi State, who are already standing trial in a court of competent jurisdiction.

The governor described the arrest of two officials of the state by agents of the Economic and Financial Crimes Commission as the height of impunity because a competent court of jurisdiction had ordered against such action.

«Because of the analytical approach used, these findings apply only to mothers and infants who would be eligible for delivery by either family physicians or specialists in at least some jurisdictions in the country,» and not to high - risk mothers who are referred to specialists based on risk criteria.

It could be a number of things: it could be better recording processes by the jurisdictions, could be them being able to finally ask the question and encourage people to identify, and probably I think the most positive aspect is it could be because of heightened awareness around the issue by MATSITI of cultural safety — it could be that some of those teachers felt more comfortable in identifying by 2015 than they did in 2012.

As for break - shrinkwrap - to - accept - terms licenses, IIRC an English court (hint: jurisdiction uncomfortably close to home for me) ruled in the early 00s that because they'd been around since the 1970s they were «customary» and hence had become binding by default.

I'm voting to close this question as off - topic because this is a legal question which can only be appropriately answered by a practicing attorney licensed in your jurisdiction.

This question is designed to expose that those politicians who refuse to reduce their government's ghg on the basis that they are not scientists can not ethically justify non-action on climate change on this basis because once they are put on notice by respected scientific organizations that ghg from their government jurisdiction are harming others, they have a duty to prevent dangerous behavior or establish credible scientific evidence that the alleged dangerous behavior is safe.

However, a counter argument can be made that a regime is just if total emissions from the area within the jurisdiction of the government are below the government's fair share of safe global emission regardless of whether some emitters are not covered by the government's ghg allocation because governments have the right to make decisions distributing the burdens and benefits of government policies within their jurisdiction.

«Keep your eyes open for this, and if you lead by privacy by design it will be more likely you will be compliant with the GDPR and you will be more likely to be meeting the requirements of many jurisdictions because privacy by design raises the bar considerably,» she said.

Next: (1) because legislation will increasingly be dependent upon technology, the use of which must be controlled by national and international standards, which standards must therefore become an essential part of such legislation, all of the Attorneys General in Canada's 14 jurisdictions should be informed of the above; (2) the ISO in Switzerland should be informed, because it is the world leader in standardization; the Standards Council of Canada being the ISO's representative in Canada; and, (3) I shall publish a much fuller account concerning all of this on the SSRN.

The new evidence should have been accepted by the Ontario Court of Appeal because it raised the very real possibility that a young person had been tried and convicted by a court that had no jurisdiction as a result of his age.

The court was unconvinced by the trial court's recitation of case law in support of its finding for the manufacturer because it was countered by the brothers» presentation of case law from other jurisdictions supporting the opposite conclusion.

Of course, there's a risk in not appearing in a foreign jurisdiction because, particularly after Beals v. Saldanha, the foreign court may be held to have had jurisdiction: it seems quite unnecessary, however, to deny every defendant the right, when proceedings for enforcement are brought, to protest that the foreign court had no jurisdiction under the rules made by the Supreme Court.

Richard Hall thinks it's unlikely Blair will ever be prosecuted by the ICC for the Crime of Aggression, which the court will attempt (again) to define this summer, because it will lack temporal jurisdiction.

Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the Foley Hoag Parties» liability is limited to the greatest extent permitted by law.

Although lawyers have long relied on banks to hold client trust funds, ethics regulators never weighed in on whether one bank was more secure than another; banks remained subject to regulation by the FDIC and other agencies because banking issues are beyond the scope of ethics regulators» jurisdictions.

In the preliminary objection, the employer argued that the Board did not have jurisdiction to inquire into the application because the safety concerns that had been raised by the applicant related to the applicant's temporary assignment to work in British Columbia.

I could spectacularly backfire because if carried out with the intention you describe it is the crime of fraud which, in most jurisdictions, is punishable by imprisonment for some number of years.

However, only three members of B.C.'s 1,300 - strong bar sent paralegals to court in their stead; this may be because paralegals are less commonly used in B.C. than in a jurisdiction such as Ontario, where about 7,500 paralegals are licensed by the Law Society of Upper Canada.

If the company is not bankrupt, but closed its doors because it is insolvent and has not yet asked for protection from creditors under the Bankruptcy and Insolvency Act, the employee must recover unpaid wages via the Employment Standards Branch of their jurisdiction by filing a complaint.

Boating injuries and deaths that occur in Canada are generally governed by the Marine Liability Act because maritime law in Canada is federal jurisdiction.

A university student lacking any resources to meet the challenge posed by this solicitor's letter, and not willing to cave in here only to find he had to cave in again later on because of some other jurisdiction's harsher laws, he packed in the site.

Furthermore, contrary to the conclusion by Mason that no e-signature can show for sure that the person alleged to have sign an electronic signature actually did so, it has been argued that there are several emerging electronic signatures, (though not recognised across all jurisdictions because they are not digital), that provides sophisticated, reliable and authenticable method of online verification in an open network as the internet, which can be employed in an open network transaction.

Hi Jonnette, my position is that because every judge of the Superior Court of Justice is also a judge of the Small Claims Court, the Small Claims Court is administratively a «branch» of the Superior Court and because deputy judges are appointed by Superior Court judges (something I did not realize before), the core jurisdiction of the Superior Court has not truly been removed.

(a) The Claimants» case on the point at the hearing was made by reference to a Dubai Court of Cassation decision (Central Bank of Sudan v Africa Alpha Capital 1 Co Ltd, Appeal no 480/2012 Commercial, where the defence was put forward that the court lacked jurisdiction under the Vienna and Riyadh Conventions because the Bank was a «public venture forming a part of the government entities of the Republic of Sudan that enjoys immunity from judicial proceedings and is not subject to the jurisdiction of the State Courts».

In a unanimous decision, the tribunal - which had been constituted under the auspices of the World Bank's International Centre for Settlement of Investment Disputes (ICSID) Additional Facility Rules (the Additional Facility)- ruled that it lacked jurisdiction over NSPI's claims because NSPI was not an «investor» who had made a qualifying «investment» in Venezuela as called for by the Canada - Venezuela Bilateral Investment Treaty (Canada - Venezuela Treaty).

Because the law changes rapidly, is different from jurisdiction to jurisdiction, and is also subject to varying interpretations by different courts and certain government and administrative bodies, EsqSocial can not guarantee that all the information on the site is completely current.

Because the law changes rapidly, is different from jurisdiction to jurisdiction, and is also subject to varying interpretations by different courts and certain government and administrative bodies, OLM can not guarantee that any information on the Site is current or valid.

Defend the conduct not by attacking the jurisdiction of the Law Society, but by compelling the Law Society to exercise its parallel disciplinary jurisdiction to the fullest, re-litigating facts if necessary because the court proceedings are not binding on the Law Society's discipline process.

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.

We are at a loss to understand upon what principle of law, applicable to appellate jurisdiction, it can be supposed that this court has not judicial authority to correct the last - mentioned error because they had before corrected the former, or by what process of reasoning it can be made out that the error of an inferior court in actually pronouncing judgment for one of the parties in a case in which it had no jurisdiction can not be looked into or corrected by this court because we have decided a similar question presented in the pleadings.

This is because, under English law, there is no concept of implied submission to jurisdiction in personam, which means that the defendant must have expressly submitted to the jurisdiction of the foreign court in order for a judgment in personam to be enforced by an English court.

It is alleged by the defendant in error in this case that the plea to the jurisdiction was a sufficient plea; that it shows, on inspection of its allegations, confessed by the demurrer, that the plaintiff was not a citizen of the State of Missouri; that, upon this record, it must appear to this court that the case was not within the judicial power of the United States as defined and granted by the Constitution, because it was not a suit by a citizen of one State against a citizen of another State.

The plaintiff thereupon brought his writ of error, and this court reversed the judgment given in favor of the defendant and remanded the case with directions to dismiss it because it did not appear by the transcript that the Circuit Court had jurisdiction.

The judgment was handed down in an appeal filed before it on the ground that a Decree issued by one of the Emirates which restricted the right of the appellant to file a civil claim before the court of competent jurisdiction was unconstitutional because, it was said, that it denied the appellant's constitutional right to have unfettered access to the civil courts of the country.