Sentences with phrase «concurrent jurisdiction of this court»

I am persuaded by the defendants» submissions that assuming without deciding that Al - Bakkal may have a cause of action as a pure matter of law, the concurrent jurisdiction of this court ought not be exercised given what I see in the circumstances is the required deference to the university's appeal mechanism.

Not exact matches

The proposed legislation also addresses the issue of jurisdiction by streamlining the federal court process and providing concurrent federal and state review.

At least, four lower courts of concurrent jurisdiction had given conflicting judgements on the controversy surrounding the leadership of PDP, a development that made one of the groups to take the matter to the Appeal Court.

«Concurrent jurisdiction over lawyers, shared between superior courts and law societies, is an ordinary aspect of the dual identities of lawyers as officers of the court and members of a regulated profession,» she wrote.

The Supreme Court's jurisdiction over the remainder of suits to which a state was a party was to be concurrent.»

In many instances, both the Federal Court and the provincial courts have concurrent jurisdiction but depending on the specific causes of action, your choice may be limited to one of the courts and other facts may influence your choice.

The Supreme Court has also relied on broader instances of legislative language, such as concurrent jurisdiction on questions of law, to apply a correctness standard: see Rogers.

The decision was upheld by the Court of Appeal which noted that if the English proceedings had not been stayed, there would be competing litigation in concurrent jurisdictions as the wife had not applied for a stay of the Israeli proceedings (and she was prevented from doing so due to the content of the Consent Order in the Israeli proceedings).

Criminal Law: Inmate Transfer; Habeas Corpus; Standard of Review; Concurrent Jurisdiction Mission Institution v. Khela (B.C.C.A., Nov. 9, 2011)(34609) Mar. 27, 2014 Federal inmates can access provincial superior courts.

In cases that do involve non-academic misconduct, like that in Bella v. Young, the court need not defer to the academy and it can and should exercise its concurrent jurisdiction to adjudicate the case and if justified, provide an award of damages.

This regulation, while prescribing civil penalties, preserved the concurrent jurisdiction of the ecclesiastical courts to punish Sabbath breaking.

Family law litigants have remained plagued by the confusion and inefficiencies caused by two courts of concurrent family law jurisdiction.

Report after report has commented on the barriers that inhibit access to justice, and prominent among them is the labyrinthine complexity of a judicial system involving two courts with concurrent but incongruent jurisdiction, with different rules, processes and forms.

I wish to make it perfectly plain by the new article that, in such cases, the jurisdiction of the war court is concurrent.»

The court there held, that by the saving in the very body of the charter, the concurrent jurisdiction of the county magistrates was preserved.

There is concurrent jurisdiction in the Superior Court of Justice and the Court of Appeal to conduct a bail review under section 520 of the Criminal Code.

The supreme judicial and superior courts shall have original and concurrent jurisdiction of all cases and matters of equity cognizable under the general principles of equity jurisprudence and, with reference thereto, shall be courts of general equity jurisdiction, except that the superior court shall have exclusive original jurisdiction of all actions in which injunctive relief is sought in any matter involving or growing out of a labor dispute as defined in section twenty C of chapter one hundred and forty - nine.

The federal courts and state courts have concurrent jurisdiction over almost all federal courts (one or two federal claims can only be brought in state court, and federal court has exclusively jurisdiction over a handful of kinds of claims).

The Boston municipal and district court departments shall have original jurisdiction concurrent with the probate and family court department of proceedings under chapter two hundred and nine D.

The Federal Court has concurrent jurisdiction with provincial courts to hear and determine all proceedings, other than the prosecution of offences under sections 42 and 43, for the enforcement of a provision of this Act or of the civil remedies provided by this Act.

Justice Rothstein noted that while the courts «don't always practise what they preach», one of the differences between the relationship between the Copyright Board and the courts as opposed to other tribunals is that the federal and provincial courts have concurrent jurisdiction with the Copyright Board in interpreting rights.

On at least one occasion, the concurrent jurisdiction of a tribunal and the courts was sufficient to rebut the presumption of reasonableness (Rogers Communications Inc. v Society of Composers, Authors and Music Publishers of Canada, 2012 SCC 35 (CanLII)-RRB-, but the Supreme Court has resisted making such statutory schemes their own correctness category.

That concurrent legislative action, and uninterrupted subsequent history of allowing prosecutions in the federal courts clearly establishes federal jurisdiction over federal prosecutions.

Under chapter 61, Florida Statutes, a Florida court generally has jurisdiction for a new custody case (such as (i) divorce involving children's issues / parenting plan, (ii) paternity / establishment of time - sharing schedule, or (iii) temporary or concurrent custody of a child by a relative) only if one of the following is true: