The lawyer should be aware of relevant statutory and constitutional law relating to language rights including the Canadian Charter of Rights and Freedoms, s. 19 (1) and Part XVII of the Criminal Code regarding language rights in
courts under federal jurisdiction and in criminal proceedings.
Not exact matches
Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms of Service will be brought exclusively in the
federal or state
courts located in New York, New York, and you irrevocably consent to the personal
jurisdiction of such
courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or
jurisdiction,
under the doctrine of forum non conveniens or otherwise.
Flaherty asked the
court to rule that the
federal government can take this step
under its constitutional
jurisdiction over trade and commerce.
On 6 August 2013,
Federal Judge Amos Mazzant of the Eastern District of Texas of the Fifth Circuit ruled that bitcoins are «a currency or a form of money» (specifically securities as defined by
Federal Securities Laws), and as such were subject to the
court's
jurisdiction, [274][274] and Germany's Finance Ministry subsumed bitcoins
under the term «unit of account» — a financial instrument — though not as e-money or a functional currency, a classification nonetheless having legal and tax implications.
The suit alleges that the law gives the Ugandans standing to sue Lively for his activities, which had a crucial nexus in the U.S. and therefore come
under federal courts»
jurisdiction; it also charges that Lively not only advocated bad ideas in an abstract context but helped various Ugandans conceive and manage a campaign of persecution, thus involving himself in a joint criminal enterprise.
One of the charges read, «That you, Adegbite Adetoye and Ponnle Abiodun whilst being directors of Origin Oil and Gas Limited on or about the 8th day of October 2010 to December, 2011 in Abuja within the
jurisdiction of the High
Court of the
Federal Capital Territory, Abuja and with intent to defraud, conspired to obtain the sum of N735, 132, 076.18 From the
Federal Government of Nigeria
under false pretence that the said sum represented subsidy accruing to you, whereas the sum is above the actual subsidy payment for the importation of 15,000 mt of premium motor spirit (petrol) which you claim to have purchased from Vitol SA and imported into Nigeria through MT Silverie which representation you knew to be false.»
«That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about December 15, 2014, at the Independent National Electoral Commission Headquarters, Abuja, within the
jurisdiction of this Honourable
Court, did utter a false document to wit: a Statutory Declaration of Age deposed to at the High
Court of the
Federal Capital Territory, Abuja, on December 15, 2014, by submitting same to the Independent National Electoral Commission knowing it to be false and you thereby committed an offence contrary to Section 1 (2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable
under the same section of the Act.»
«That you, Isah Hamman Misau of Hamman Misau Residence, Turaki Street, Misau, Bauchi State, on or about December 16, 2014, at Abuja, within the
jurisdiction of this Honourable
Court, did utter a false document to wit: Affidavit in Support of Personal Particulars of Persons seeking election to the Office / Membership of the Senate of the
Federal Republic of Nigeria (INEC FORM C.F. 001/2015) which you submitted to the Independent National Electoral Commission knowing it to be false and you thereby committed an offence contrary to Section 1 (2)(c) of the Miscellaneous Offences Act Cap M17, Laws of the Federation of Nigeria, 2004 and punishable
under the same section of the Act.
«That you Mohammed Ahmed Katun while serving as an Assistant Director, Pension Department of the Office of Head of Service of the Federation on or about the 14th day of August, 2009 within the
jurisdiction of this Honourable
Court, obtained by false pretences and with intent to defraud various sums of money amounting in the aggregate to N24, 660,675.00 (Twenty Four Million, Six Hundred and Sixty Thousand, Six Hundred and Seventy Five Naira only) from the
Federal Government of Nigeria through the Pension Account held by the Office of the Head of Service of the Federation of Nigeria through fraudulent payments described as collective allowances into your bank account maintained with Ecobank Nigeria Limited (former Oceanic International Bank Plc) and thereby committed an offence contrary to Section 1 (1)(a) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable
under Section 1 (3) of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006.»
- The subscriberâ $ ™ s name, address, and telephone number, and a statement that you consent to the
jurisdiction of
Federal District
Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which FilmOn.com may be found, and that you will accept service of process from the person who provided notification
under subsection (c)(1)(C) or an agent of such person.
By using this Site and / or providing us with your personal information, you waive any claims that may arise
under the laws of other countries or territories located outside of the United States or states other than Indiana, and you agree to submit to the exclusive
jurisdiction of the
courts of the State of Indiana and the
federal courts of Indiana.
Without limiting your right to file arbitration claims against Capital One Investing
under FINRA Rule 12200 or its affiliates or successors, you consent to the personal
jurisdiction and venue of the
federal and state
courts in King County, Washington for any
court action or proceeding relating to your Account and you agree that all such claims by you against us or our affiliates or successors will be subject to the exclusive
jurisdiction and venue of the
federal and state
courts in King County, State of Washington.
Meanwhile, earlier this month, the
Federal Court of Appeal agreed to hear an appeal by air passenger rights advocate Gabor Lukacs over whether the CTA has the
jurisdiction to permit NewLeaf to operate without a licence, arguing that other companies that have operated
under similar business models have been required to hold licences.
(a) an electronic or physical signature of the person authorized to act on your behalf; (b) a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled; (c) a written statement by you that
under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your address, telephone number, and email address; and (e) a statement that you consent to the
jurisdiction of
federal district
court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification
under DMCA 512 subsection (c)(1)(c) or an agent of such person.
In April 2016 the
court said the state of Maryland could not subsidize construction of a natural gas - fired plant because it challenged FERC's
jurisdiction under the
Federal Power Act.
All Superior
Court judges are appointed by the
federal government and derive their inherent
jurisdiction from their appointments
under section 96 of the Constitution Act.
In this single case, and never since, the Illinois Supreme
Court ruled that the protections offered by the Illinois long - arm statute and Illinois due process exceeded those of the
federal due process clause
under the Fourteenth Amendment, and that for the Illinois
courts to assert personal
jurisdiction over the officer on these facts was «not fair, just, and reasonable.»
It held that there is nothing in the Constitution that confers exclusive
jurisdiction on the
Federal High
Court to determine criminal causes and matters in respect of the civil matters for which exclusive
jurisdiction is conferred by the Constitution
under Section 251 (1).
But in any event a law providing that the province can dispose of standing timber on any lands in the province would
under Tsilhqot» in be both valid and applicable (para 102) to aboriginal title lands because the Supreme
Court no longer seems to care whether the power to dispose of resources on title lands is part of the core content of «lands reserved» within the exclusive
jurisdiction of the
federal government.
As can be seen in this appeal, the creation of national classes also raises the issue of relations between equal but different superior
courts in a
federal system in which civil procedure and the administration of justice are
under provincial
jurisdiction.
The
federal court there is a
court of original
jurisdiction, and in the mid-1980s, it was straining
under a backlog of cases.
The
Federal Court says it has no
jurisdiction under PIPEDA to order the correction of a record of personal information.
For class actions in particular, the
Court pointed out that Congress also has provided the remedy of enlarged removal jurisdiction under CAFA, and that, once in federal court, class actions may be transferred and consolidated in one court, and that «we would expect federal courts to apply principles of comity to each other's class certification decisions when addressing a common dispute.&r
Court pointed out that Congress also has provided the remedy of enlarged removal
jurisdiction under CAFA, and that, once in
federal court, class actions may be transferred and consolidated in one court, and that «we would expect federal courts to apply principles of comity to each other's class certification decisions when addressing a common dispute.&r
court, class actions may be transferred and consolidated in one
court, and that «we would expect federal courts to apply principles of comity to each other's class certification decisions when addressing a common dispute.&r
court, and that «we would expect
federal courts to apply principles of comity to each other's class certification decisions when addressing a common dispute.»
Fair - use and the various forms of illegally obtaining / modifying content both fall
under the exclusive subject - matter
jurisdiction of
federal courts.
Whether the Ninth Circuit erred in upholding the EPA's assertion of authority to second - guess a permitting decision made by the State of Alaska — which had been delegated permitting authority
under the Clean Air Act, 42 U.S.C. § § 7401 et seq. — in conflict with decisions of this
Court and other
federal courts of appeals establishing the division of
federal - state
jurisdiction under the Act and similar statutory programs.
With 2,371 secret surveillance orders approved in 2007,
federal surveillance activity
under the
jurisdiction of the secretive Foreign Intelligence Surveillance
Court has risen for the 9th year in a row — more than doubling since 2000.
Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other
federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal
federal financial regulatory requirements Handling
federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal
federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises
under tribal, state and
federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal
federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure
federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal
federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and
federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal
federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal
court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming,
jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims
under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and
federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal
federal courts, including defense tenders pursuant to the
Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal
Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and
federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal
federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.
Provincial superior
courts recognized by s. 96 «have always occupied a position of prime importance in the constitutional pattern of this country», and the
Federal Court, by contrast, «has only the jurisdiction conferred by statute», and being a statutory court, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in origi
Court, by contrast, «has only the
jurisdiction conferred by statute», and being a statutory
court, created under the constitutional authority of s. 101, does not have inherent jurisdiction (emphasis in origi
court, created
under the constitutional authority of s. 101, does not have inherent
jurisdiction (emphasis in original).
And here, since it appears from the statement in the order of the
Court of Appeal that the question whether the Syndicalism Act and its application in this case was repugnant to the due process and equal protection clauses of the Fourteenth Amendment was considered and passed upon by that court — this being a federal question constituting an appropriate ground for a review of the judgment — we conclude that this Court has acquired jurisdiction under the writ of e
Court of Appeal that the question whether the Syndicalism Act and its application in this case was repugnant to the due process and equal protection clauses of the Fourteenth Amendment was considered and passed upon by that
court — this being a federal question constituting an appropriate ground for a review of the judgment — we conclude that this Court has acquired jurisdiction under the writ of e
court — this being a
federal question constituting an appropriate ground for a review of the judgment — we conclude that this
Court has acquired jurisdiction under the writ of e
Court has acquired
jurisdiction under the writ of error.
Stephen E. Goldman, the firm's managing partner, has served as counsel for insurers in many significant property insurance and class action cases, including Standard Fire v. Knowles, 133 S. Ct. 1345 (2013)(holding that the plaintiff's stipulation can not defeat
federal jurisdiction under the Class Action Fairness Act) and Travco v. Ward, 736 S.E. 2d 321 (Va. 2012)(affirming the trial
court's judgment that property insurance policies do not cover losses caused by the presence of Chinese drywall).
End - of - life care has what Canadian
courts call a «double aspect»: it falls
under provincial healthcare
jurisdiction and
under federal criminal
jurisdiction.
Such a personal injury case may be filed
under federal jurisdiction in the
federal trial
courts (called U.S. District Courts), or the case may be moved there if it was originally filed in a state
courts (called U.S. District
Courts), or the case may be moved there if it was originally filed in a state
Courts), or the case may be moved there if it was originally filed in a state
court.
A 2016 Supreme
Court decision recognized that Métis and Non-Status Indians are
under the
jurisdiction of the
federal government, which has implications for recognition of rights to traditional territory.
Madam Justice Abella agreed with the conclusions of the
courts below that non-status Indians and Métis are Indians within the meaning of section 91 (24) of the Constitution Act and are therefore
under the
jurisdiction of the
federal government.
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.
Filed
Under: Civil Procedure,
Federal Courts Tagged With: citizenship, diversity, domicile, federal jurisdiction, Houston, residence, Shanghai, subject matter juris
Federal Courts Tagged With: citizenship, diversity, domicile,
federal jurisdiction, Houston, residence, Shanghai, subject matter juris
federal jurisdiction, Houston, residence, Shanghai, subject matter
jurisdiction
The claim in rem against the pleasure craft was based on s22 (3)(d) of the
Federal Courts Act which gives the
Federal Court jurisdiction in relation to all mortgages on a ship, registered or not, whether legal or equitable, and whether created
under foreign law or not.
Finally, the
Federal Court was not the appropriate forum in which to address the issue, given the minor role the court plays in issues under the Divorce Act and the breadth of the jurisdiction and expertise of the provincial superior courts in matters related to divorce and child sup
Court was not the appropriate forum in which to address the issue, given the minor role the
court plays in issues under the Divorce Act and the breadth of the jurisdiction and expertise of the provincial superior courts in matters related to divorce and child sup
court plays in issues
under the Divorce Act and the breadth of the
jurisdiction and expertise of the provincial superior
courts in matters related to divorce and child support.
28 US Code § 1331 states that
federal question
jurisdiction means that the
court may hear matters arising
under the Constitution,
federal law or treaty.
A recent decision of the
Federal Court has confirmed that adjudicators acting
under the wrongful dismissal provisions of the Canada Labour Code can apply equitable principles in determining
jurisdiction.
Canada's highest
court must decide if Insite falls
under provincial or
federal jurisdiction and whether closing it violates the rights of drug addicts.
If a claim arising
under federal law is brought by a plaintiff in state
court, and if the U.S. District Court would have jurisdiction over the claim if it were brought initially in the U.S. District Court (because, e.g., the defendant is not a state government), then a defendant in the state court case can remove the case to federal c
court, and if the U.S. District
Court would have jurisdiction over the claim if it were brought initially in the U.S. District Court (because, e.g., the defendant is not a state government), then a defendant in the state court case can remove the case to federal c
Court would have
jurisdiction over the claim if it were brought initially in the U.S. District
Court (because, e.g., the defendant is not a state government), then a defendant in the state court case can remove the case to federal c
Court (because, e.g., the defendant is not a state government), then a defendant in the state
court case can remove the case to federal c
court case can remove the case to
federal courtcourt.
The rule states that students are permitted to appear as counsel,
under supervision, for «an appeal in the
Court of Appeal, the Federal Court of Appeal or the Supreme Court of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge.&r
Court of Appeal, the
Federal Court of Appeal or the Supreme Court of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge.&r
Court of Appeal or the Supreme
Court of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute jurisdiction of a provincial court judge.&r
Court of Canada; a civil or criminal jury trial; [and] a proceeding on an indictable offence, unless the offence is within the absolute
jurisdiction of a provincial
court judge.&r
court judge.»
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.
The Supreme
Court found that the pith and substance of the Guidelines Order was to require the decision - maker to gather information about environmental impacts within all the heads of power
under Federal jurisdiction before making that decision about navigation.
Mims v. Arrow Financial Services, 132 S. Ct. 740 (2012)(Do state and
federal courts have concurrent
jurisdiction over private actions
under the Telephone Consumer Protection Act?)
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.
With urging from the provinces, including Alberta and Saskatchewan, the
Court decided that provincial laws can apply to Aboriginal title lands and Treaty rights, which up until then had been understood to be
under exclusive
federal jurisdiction.
In
federal courts, if a case is being heard
under diversity
jurisdiction (plaintiff and defendant are from different states but the claim is not a
federal claim) the state rule is supposed to apply; if the claim is a
federal claim, the
federal rule applies and adverse inferences are allowed.
The
Federal Court of Canada released a landmark decision finding that the court has the jurisdiction to make an extra-territorial order with world - wide effects against a foreign resident requiring the foreign person to remove documents containing personal information about a Canadian citizen that violates the person's rights under Canada's privacy law, the Personal Information Protection and Electronic Documents Act (PIP
Court of Canada released a landmark decision finding that the
court has the jurisdiction to make an extra-territorial order with world - wide effects against a foreign resident requiring the foreign person to remove documents containing personal information about a Canadian citizen that violates the person's rights under Canada's privacy law, the Personal Information Protection and Electronic Documents Act (PIP
court has the
jurisdiction to make an extra-territorial order with world - wide effects against a foreign resident requiring the foreign person to remove documents containing personal information about a Canadian citizen that violates the person's rights
under Canada's privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA).