Sentences with phrase «direct jurisdiction of the court»

The Government has said that leaving the European Union will «bring about an end to the direct jurisdiction of the Court of Justice of the European Union.»

Not exact matches

One might have thought that that would be the end of the matter, but instead Burnaby commenced this action in the Supreme Court of British Columbia seeking a declaration (at para 13) «that the National Energy Board does not have the constitutional jurisdiction to issue an order to the City of Burnaby that directs or limits the City of Burnaby in the enforcement of its bylaws.»

However, Justice I. E. Ekwo held that the Federal High Court lacked jurisdiction to entertain the suit and directed that the case be transferred to the High Court of Cross River State for hearing and determination.

The suit, filed in Albany in the U.S. District Court for the Northern District of New York, cites a ruling in that jurisdiction earlier this year that the disclosure provisions of the state's pioneering «truth - in - testing» law are in direct conflict with federal copyright law.

(2) These proceedings also include a criminal or civil action resulting from an employee's performance of safety - sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information sought is relevant to the case and issues an order directing the employer to produce the information.

Should the referring court find that, according to the particular values of the legal order of the Member State in which it has jurisdiction, offences such as those committed by Mr I. pose a direct threat to the calm and physical security of the population, that should not necessarily lead to the expulsion of the person concerned.

In similar fashion, EC Regulation 44/2001 and the EU Court of Justice decision of FBTO v Odenbreit allow British holidaymakers to initiate claims against the EU insurers of negligent third parties in the English jurisdiction, provided the country of origin permits a direct right of action against an insurer.

Assume that Mr. Grutman's proposed test is as follows: «If the state long - arm statute is satisfied and defendant has engaged in purposeful conduct directed at the forum state out of which conduct the cause of action arises, and that conduct satisfies the minimum contacts under which substantial justice and fair play make it reasonable to hail defendant into court there, and the forum state has an interest in providing a forum to the plaintiff, then the forum has personal jurisdiction over the defendant for that cause of action.»

It's important to point out those rulings don't have any direct impact here in Indiana, though courts do look to other jurisdictions that have weighed similar matters when considering issues of first impression, so it's plausible those decisions could become relevant.

Chief Justice O'Connor's majority opinion reasoned that a lack of standing to invoke jurisdiction was not a defect in the trial court's «subject matter jurisdiction,» and, therefore, any lack of standing had to be raised during the case or in a direct appeal from the judgment.

After the federal parties filed their notice of appeal to this Court from the District Court's grant of the preliminary injunction as to «indecent» communication, the Court of Appeals for the Ninth Circuit entered an order directing Sable either to file a motion for voluntary dismissal or to show cause why the appeal should not be dismissed for lack of jurisdiction.

The report noted this review could be administered either by a statutory appeal provision in the tribunal's governing legislation or via the inherent jurisdiction of a superior court to engage in judicial review, but the report advocated more strongly for the statutory appeal over judicial review because: (1) the basis of the statutory appeal could be wider in scope and in remedies than judicial review; (2) the statutory appeal mechanism could be crafted to the unique characteristics of the impugned tribunal and direct the appeal to a particular level of court; and (3) the appeal would be less costly and more expeditious than judicial review.

The final deal Britain strikes with the EU should not be subject to the direct jurisdiction of the European Court of Justice (CJEU), the Law Society has warned.

Where any obligation imposed by this Part is not complied with, the collecting body may, in addition to any other remedy available, apply to a court of competent jurisdiction for an order directing compliance with that obligation.

And this is what I understand to be the meaning of our lawyers, when they say that these civil corporations are liable to no visitation; that is, that the law having by immemorial usage appointed them to be visited and inspected by the king their founder, in his majesty's court of king's bench, according to the rules of the common law, they ought not to be visited elsewhere, or by any other authority.53 And this is so strictly true, that though the king by his letters patent had subjected the college of physicians to the visitation of four very respectable persons, the lord chancellor, the two chief justices, and the chief baron; though the college had accepted this carter with all possible marks of acquiescence, and had acted under it for near a century; yet, in 1753, the authority of this provision coming in dispute, on an appeal preferred to these supposed visitors, they directed the legality of their own appointment to be argued: and, as this college was a mere civil, and not an eleemosynary foundation, they at length determined, upon several days solemn debate, that they had no jurisdiction as visitors; and remitted the appellant (if aggrieved) to his regular remedy in his majesty's court of king's bench.

Written by local experts in key jurisdictions, topics covered include: regulations governing direct distribution; potential restrictions, financial and tax considerations on foreign businesses» operations; distribution structures available to suppliers; regulation of relationships between suppliers and distributors; restrictions on the distribution of competing products; relevant consumer protection laws; restrictions on contractual choice of law, courts or arbitration tribunals; and dispute resolution, mediation and arbitration procedures and processes.

These are only a few examples of how the Court has been transformed from a modest international jurisdiction into a supranational hegemon, whose decisions have a direct and significant impact on the rights and lives of millions of Europeans.

The Court of Appeal upheld the first part of the trial judge's reasoning that the court had no jurisdiction to direct that an evidence of an accused could be given by video Court of Appeal upheld the first part of the trial judge's reasoning that the court had no jurisdiction to direct that an evidence of an accused could be given by video court had no jurisdiction to direct that an evidence of an accused could be given by video link.

(1) The Court has power, in relation to matters in which it has jurisdiction, to make orders of such kinds, and to issue, or direct the issue of, writs of such kinds, as the Court considers appropriate.

Based on the exemptions, New York courts have allowed jurisdiction over out - of - state defendants when the defamatory statement arose out of business activities directed at the state, such as statements contained in a publication where most of the work in preparing the work took place in New York.