Sentences with phrase «continuing jurisdiction of the court»

The crucial point to note here is that, according to point 5, any transitional arrangement in which a time - limited prolongation of the Union acquis is envisaged would necessarily result in the continued payment by the UK into the EU budget for the duration of that arrangement, along with the continued applicability of EU law in the UK and with it the continued jurisdiction of the Court of Justice.

Any enforcement of the post adoption contact agreement must be under the continuing jurisdiction of the court granting the petition of adoption.

Not exact matches

Accordingly, the parties agrees that Parent shall be entitled to injunctive relief in the event of a breach of this Section 4.3, including an injunction to prevent any continuing breach or violation of the provisions of this Section 4.3, and the remedy of specific performance to enforce specifically the terms and provisions this Section 4.3 in any court of the United States or any state having jurisdiction.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

If any provision of these Terms is, for any reason, invalid and / or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

Kareem argued that, going by numerous judicial authorities, some of which he cited on Wednesday, the development implied that Justice Tsoho's court had been robbed of jurisdiction to continue to conduct proceedings in the case until the Court of Appeal determined the fresh motion for stay beforcourt had been robbed of jurisdiction to continue to conduct proceedings in the case until the Court of Appeal determined the fresh motion for stay beforCourt of Appeal determined the fresh motion for stay before it.

The court held that the Independent National Electoral Commission (INEC) could continue with the conduct of its supplementary election in the state slated for tomorrow owing to its submission that only the election petition tribunal had the jurisdiction to hear the cases before it.

He continued, «this special jurisdiction was not meant to usurp or replace the jurisdiction of the lower courts».

«On the grounds of lack of jurisdiction», he continued, «I think the Applicant has not satisfied this court that the high court judge committed any jurisdictional error to warrant the intervention of the Supreme Ccourt that the high court judge committed any jurisdictional error to warrant the intervention of the Supreme Ccourt judge committed any jurisdictional error to warrant the intervention of the Supreme CourtCourt.

Intelligence - sharing would be «conditioned on Denmark's continued membership of the European Union and... on Denmark's agreement to the application of the jurisdiction of the court of justice of the EU», the statement said.

The group wondered why a court of competent jurisdiction would order the release of Ubah yet the Department of State Services would continue to hold him.

If any provision of these terms is determined by a Court of competent jurisdiction to be invalid or unenforceable in whole or in part, the validity and the enforceability of the remainder of the provision in question and of the remaining provisions of these terms shall be separate and several and construed and enforceable accordingly and shall continue in full force and effect.

International High School attorney Brooke Duncan issued this statement: «We continue to maintain that IHSNO as a charter school is not subject to jurisdiction under the National Labor Relations Act, as the acting chair of the National Labor Relations Board made clear in his dissent, and we expect the courts will eventually decide the issue.»

(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.

... any county with a population of 200,000 or more may regulate or prohibit the running at large of dogs within said county, and cause such dogs as may be running at large to be impounded... Any person, firm or corporation who violates any rule or regulation... shall be guilty of a misdemeanor and shall be punished as provided by the laws of this state in any court of competent jurisdiction, provided that in the case of continuing offenses, each day on which the offense occurs shall constitute a separate offense.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

In written reasons, the Court of Appeal agreed the appellant was a vexatious litigant; had caused a public nuisance; that the AG had standing to seek an injunction to prevent the public nuisance from continuing; that the court had inherent jurisdiction to control its own process; and that the activities of the appellant interfered with the administration of jusCourt of Appeal agreed the appellant was a vexatious litigant; had caused a public nuisance; that the AG had standing to seek an injunction to prevent the public nuisance from continuing; that the court had inherent jurisdiction to control its own process; and that the activities of the appellant interfered with the administration of juscourt had inherent jurisdiction to control its own process; and that the activities of the appellant interfered with the administration of justice.

In summary, these provide that the court which has primary jurisdiction is the one for the place where the parties last lived together as husband and wife, assuming that one of them has continued to live there for the past 12 months.

If Pennsylvania declines jurisdiction, the family court shall request Pennsylvania issue an order finding it no longer retains exclusive, continuing jurisdiction Pennsylvania Courts do not have jurisdiction over the matter of custody of this minor child.

These are that: (i) the jurisdiction is to be invoked and exercised exceptionally and with great caution; (ii) there must certainly be something more than mere infringement of the criminal law before the assistance of civil proceedings can be invoked and accorded for the protection or promotion of the interests of the inhabitants of the area; (iii) the essential foundation for the exercise of the court's discretion to grant an injunction is not that the off ender is deliberately and flagrantly flouting the law, but the need to draw the inference that the defendant's unlawful operations will continue unless and until effectively restrained by the law and that nothing short of an injunction will be eff ective to restrain them.

The Small Claims Court will continue to have the jurisdiction to hear cases involving claims for debt, damage, recovery of personal property and specific performance of agreements.

A person who has a claim in excess of the Court's monetary jurisdiction, not including interest and expenses, will continue to have the option of abandoning part of the claim so that the balance can be heard by the Court.

Whilst it seems likely that the Courts of many EU Member States would generally continue to recognise English jurisdiction clauses, in the absence of a unifying instrument the approaches taken by different EU Member States would almost inevitably be different and quite probably inconsistent.

Ordinarily, the court will continue to have jurisdiction to modify its support order in the event of a change in circumstances.

It is incompatible with Council Regulation No 44 / 2001 / EC (jurisdiction and recognition and enforcement of judgments in civil and commercial matters) for a court of a member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.

Advise them that they are not permitted by law to continue to contact you about the alleged debt or to refer the matter to a debt collector or credit reporting agency unless and until they prove the debt in a court of competent jurisdiction.

See Moseley [v. Mosier, 279 S.C. 348, 351, 306 S.E. 2d 624, 626 (1983)-RSB-(«[F] amily courts have continuing jurisdiction to do whatever is in the best interests of the child regardless of what the separation agreement specifies.»).

The court granted mother's motion to dismiss finding that it was appropriate for the court to decline continuing jurisdiction over this matter because mother and the children no longer had a significant connection with the State of New Hampshire.

In that respect, s. 31 of the FLA confirms the court's continuing (but now statutory) jurisdiction to make declarations of parentage:

As a matter of first impression, the New Hampshire Supreme Court held that under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) New Hampshire had continuing exclusive jurisdiction to deal with the post-divorce parentJurisdiction and Enforcement Act (UCCJEA) New Hampshire had continuing exclusive jurisdiction to deal with the post-divorce parentjurisdiction to deal with the post-divorce parenting matters.

OTTAWA — The B.C. government has asked the courts whether it has the jurisdiction to regulate the transport of oil through the province, a central question in the continuing political fight over the controversial Trans Mountain pipeline expansion.

The court therefore found that because the claimant was suffering a continuing financial loss within this country, it could exercise its discretion to allow service out of the jurisdiction.

The court does have federal question jurisdiction because Casemaker continues to threaten to sue Fastcase for copyright infringement if it updates the Georgia regulations from the Georgia Secretary of State website.

Among other things: successfully obtaining the continuation of a US $ 2 billion freezing order under s. 25 of the Civil Jurisdiction and Judgments Act 1982 in support of Russian proceedings; and successfully acting on an ex parte appeal against a Judge's refusal to grant a Chabra freezing order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffiths).

Provides regardless where a court temporarily sits, the court would continue to preside on behalf of its original jurisdiction (i.e. judicial department, judicial district, county, city, etc.) and the same substantive and procedural laws (e.g. governing venue, jury selection, papers and appeals) would apply as if the court were not relocated.

Where a child moves lawfully from one Member State to another and acquires a new habitual residence there, the courts of the Member State of the child's former habitual residence shall, by way of exception to Article 8, retain jurisdiction during a three - month period following the move for the purpose of modifying a judgment on access rights issued in that Member State before the child moved, where the holder of access rights pursuant to the judgment on access rights continues to have his or her habitual residence in the Member State of the child's former habitual residence.

The Court of Appeal disagreed with the tenants and the Attorney General, finding that s. 31 of the Sechelt Indian Band Self - Government Act «can only have been intended to preserve the character of the Sechelt Lands as reserve lands subject to federal jurisdiction» and that the lands continued, as they were before self - government, as lands reserved for Indians under s. 91 (24) of the Constitution.

The arbitral proceedings may continue, and an award may be granted, at the same time that an application to the court for the determination of a preliminary point of jurisdiction is pending (section 32 (4)-RRB-.

62 «Taking an AXA to Acts of the Scottish Parliament» [2010] 15 J.R. 163 «Towards a Codified Constitution» (2010) Justice Journal 74 (co-author) «Procuring the End of the Promptness Requirement» [2010] 29 C.J.Q. 297 «Practice and Procedure in the New Supreme Court» [2010] 15 J.R. 1 «Anti-Suit Injunctions and Non-Exclusive Jurisdiction Clauses» [2010] 69 C.L.J. 25 «Contracting Out of Homelessness Functions» [2009] 14 J.R. 333 «The Permission Stage and Subsequent Use of Disclosed Material» [2009] 14 J.R. 249 «Arbitration and Litigation after West Tankers» [2009] L.M.C.L.Q. 285 «Bi-Polar Sovereignty Restated» [2009] 68 C.L.J. 361 «Promptness and Judicial Review» [2009] 14 J.R. 113 «A Framework for Fettering» [2009] 14 J.R. 73 «The Continued Rise (and Future Fall?)

MCL 722.27 (1) authorizes the continuing jurisdiction of a circuit court to modify or amend its previous judgments or orders and is an exception to MCR 7.208 (A) «otherwise provided by law» because it would be contrary to the plain language of the CCA to require a court to wait for the conclusion of an appeal to address a change in circumstances that would affect the interests of the child.

The Court determined that under Colorado's Uniform Dissolution of Marriage Act, a district court retains continuing jurisdiction over motions to modify parental responsibilities while the current allocation order is on appeal, as long as those motions are based on a material change in circumstances that occurred after the original order was entCourt determined that under Colorado's Uniform Dissolution of Marriage Act, a district court retains continuing jurisdiction over motions to modify parental responsibilities while the current allocation order is on appeal, as long as those motions are based on a material change in circumstances that occurred after the original order was entcourt retains continuing jurisdiction over motions to modify parental responsibilities while the current allocation order is on appeal, as long as those motions are based on a material change in circumstances that occurred after the original order was entered.

The questions as to whether a state could enforce, or would be subject to penalties if it chose to continue to enforce, its own laws following a denial by the Secretary of an exception request under § 160.203 or a holding by a court of competent jurisdiction that a state privacy law had been preempted by a contrary federal privacy standard raise several issues.

Due to the regulatory scheme and the Visitors of the Inns of Court's jurisdiction, as applicable to the disciplinary proceedings against the Appellant, the Supreme Court concluded that the Respondent's part in the proceedings before the Disciplinary Tribunal and those before the Visitors should be regarded as part of a single continuing act.

As the courts in Canada continue to struggle with difficult issues relating to the enforcement of arbitration agreements and the enforcement of arbitral awards, it is worth looking at how courts in other common law jurisdictions see the relationship between the courts and arbitration.

Overall, however, the body of English Law and the approach of London's commercial courts should continue to ensure London remains an attractive jurisdiction to operate in.

Unfortunately, the Hong Kong courts and those of other common law jurisdictions, which have been provided with no legislative guidelines in this respect, continue to grapple with this unresolved legal issue.

To learn beyond a doubt whether your Nutter Fort West Virginia certificate of completion will be sent to the court or you after completion of the Nutter Fort West Virginia online traffic school course, simply continue with the registration process and you will get more detailed information about the particular court that has jurisdiction over your ticket.

To find out whether your Utah certificate of completion will be sent to you or the court, please continue with the registration process and you will get more detailed information about the particular court that has jurisdiction over your ticket.