Sentences with phrase «exercise of jurisdiction by»

under the overseas order consents to the exercise of jurisdiction by the court in the proceedings; or

The circumstances in which the court had exceptionally recognised the extra-territorial exercise of jurisdiction by a state included where the state «through the effective control of the relevant territory and its inhabitants abroad as a consequence of military occupation or through the consent, invitation or acquiescence of the government of that territory, exercises all or some of the public powers normally to be exercised by [the government of that territory].»

To address this concern, the drafters added the principle of complementarity to the ICC's jurisdiction, in that the Court's province merely complements the exercise of jurisdiction by the domestic courts of the Statute's member states.

(a) Nature of the authority to create military commissions for the trial of enemy combatants for offenses against the law of war, and principles governing the exercise of jurisdiction by such commissions, considered.

If reference is made to what Counsel for the KRG also described as the embodiment of customary international law, namely the 2004 Convention (see Lord Bingham's comments to which I have just referred), Article 7 is clear in providing that «a state can not invoke immunity from jurisdiction in a proceeding before a court of another state with regard to a matter or case if it has expressly consented to the exercise of jurisdiction by the court with regard to the matter or case» either «(a) by international agreement; (b) in a written contract; or (c) by a declaration before the court or by a written communication in a specific proceeding.»

The parties will not object to the exercise of jurisdiction by those courts on any basis.

Not exact matches

Lively, with representation by Liberty Counsel (an evangelical legal organization), responded that in both the U.S. and Uganda he exercised constitutionally protected speech rights; that he opposes violence and neither committed nor plotted any; that Uganda did not in fact pass a proposed draconian anti-gay law, and that in any case Uganda's political institutions, instead of himself, are responsible for its political decisions; and that the court lacks jurisdiction and the plaintiffs lack standing.

Just how that charge is to be exercised is nowhere indicated in the text, and the possibility remains, therefore, that outside the Latin church the jurisdiction will be exercised via the patriarchs and ruling synods of the Oriental churches — normally, by way of reaction, namely, in the event of patriarchs or ruling synods calling on the pope for mediation in some dispute («appellate» jurisdiction), and abnormally, in the pope taking some initiative to bring a matter to the attention of such patriarchs and synods.

Even today, some scholars argue that it did nothing more than declare that the Supreme Court is within its rights in declining to exercise an authority putatively conferred upon it by Congress when such authority exceeds the jurisdiction granted to the Court under Article Three of the Constitution.

... «Superior Court» is to be construed historically, and that... it connotes a court having an inherent jurisdiction, in England, to administer justice according to the law, as and being a part of, or descended from, and as exercising part of the power of, the Aula Regia, established by William the First, which had universal jurisdiction in all matters of right and wrong throughout the kingdom, and over which, in its early days, the King presided in person.

Following the lead judgment taken by Justice Walter Samuel Onnoghen, which held that the CCT was properly constituted to exercise jurisdiction over Saraki's trial, Saraki through his Special Adviser on (Media and Publicity), Yusuph Olaniyonu said «after listening to the ruling of the Supreme Court in the appeal he (Saraki) filed to challenge the process of arraigning him before the Code of Conduct Tribunal, he expresses disappointment over the Judgment of the apex court in the country on the six grounds of his appeal.

Provided always and it is hereby enacted That all and every Person and Persons who shall or may take or inherit the said Crown by vertue of the Limitation of this present Act and is are or shall be reconciled to or shall hold Communion with the See or Church of Rome... should be excluded and are by that Act made for ever incapable to inherit possess or enjoy the Crown and Government of this Realm and Ireland and the Dominions thereunto belonging or any part of the same or to have use or exercise any regall Power Authority or Jurisdiction within the same.

«We have been informed that New York State Attorney General Eric Schneiderman has opted not to exercise his jurisdiction to investigate the fatal shooting of Deborah Danner by an NYPD sergeant on October 18, 2016, in her apartment at 630 Pugsley Avenue in the Bronx.

While addressing the court, counsel to the former First Lady, Mike Ozekhome, SAN, said; «The appeal in this matter has been entered and going by Rule 5 of the Court of Appeal rules, this court ceases to exercise jurisdiction to proceed in this matter.

You expressly consent to the exercise of jurisdiction over you by such arbitration proceeding.

-- Nothing in this title shall be construed to encourage, prohibit, restrict, or authorize the otherwise lawful exercise by entities subject to the jurisdiction of the Department of Transportation of authority to --

(a) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this title and shall exercise the same without regard to whether the aggrieved party shall have exhausted any administrative or other remedies that may be provided by law.

(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, 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 progress of desegregation in public facilities, the Attorney General is authorized 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.

(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.

You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

It will be a declaration, in my deliberate judgment, that the sovereign power of the people of the United States and Union must hereafter remain incapable of action over territory to which their rights in full dominion have been asserted with the most rigorous authority, and bow to a jurisdiction hitherto unknown, unacknowledged by any department of the government, denied by all through all time, unclaimed till now, and now declared to have been called into exercise not by any change in our Constitution, the laws of the Union or the States, but preexistent and paramount over the supreme law of the land.

Brussels IIA establishes «a scheme by which jurisdiction is determined in accordance with unified rules that are directly applicable to the assumption and exercise of jurisdiction across all member states».

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 Supreme Court of Canada in the seminal Morguard decision held that the courts in one province should give full faith and credit to judgments given by a court in another province or territory so long as that court has properly exercised jurisdiction in the action.

The most important thing to note at the outset is that Alberta courts generally exercise the concept of «comity», which is defined as the recognition by one jurisdiction's court of the judgments and orders of another.

A second part deals with the varying scope of jurisdiction exercised by investment treaty tribunals.

Both sides refer to the recent SCC decision of R. v. Jodoin, which confirmed that law societies have the jurisdiction and the duty to regulate the profession, and a judge's ability to discharge her task of ensuring a fair process is not undermined by a law society's exercise of its parallel jurisdiction to discipline a lawyer.

In addition, since this decision concerns the due process limits on the exercise of specific jurisdiction by a State, the question remains open whether the Fifth Amendment imposes the same restrictions on the exercise of personal jurisdiction by a federal court.

As noted above, the European Commission's brief makes two basic arguments, the first substantive and the second procedural: (1) that the jurisdictional limits of the ATS should be defined by reference to international law, in particular that the US should allow universal civil jurisdiction only in cases where universal criminal jurisdiction would normally apply; and (2) that the US's exercise of universal civil jurisdiction must be constrained by the procedural limits imposed by international law, in particular by an exhaustion requirement.

The restriction imposed by s 89 (1) of the Housing Act 1980 on postponing enforcement of a possession order only applies to the court which made the order and not to a court exercising appellate jurisdiction in respect of the order.

As Lord Justice Rix pointed out in Konkola, the discretionary nature of the exercise enabled the court to couch its decision in terms that did not prejudice the final trial, eg by deciding that the material before it was not sufficiently good to displace an established jurisdiction, or, presumably, to establish jurisdiction in England.

The Court remitted the inquiry into whether the court's jurisdiction to vary the undertaking should be exercised to the lower court, stating that, in light of the equivalence of the wife's undertaking with a s 24A order for sale, the inquiry will be conducted in accordance with s 31 (7), giving first consideration to the welfare of the children, though this consideration may be outweighed by other factors.

30 (1) The Hearings Tribunal has exclusive jurisdiction to exercise the powers conferred upon it by or under this Act and to determine all questions of fact or law that arise in any matter before it and the action or decision of the Hearings Tribunal thereon is final and conclusive for all purposes.

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.

The Alberta Teachers» Association sought judicial review of the commissioner's decision on the basis that the commissioner had lost jurisdiction by failing to exercise its subsection 50 (5) power within the ninety - day timeline.

Judge Schechter held that the state in which the first proceeding was filed should normally assume jurisdiction, since DRL § 76 - e indicates that a court may not exercise jurisdiction if «at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this article, unless the proceeding has been terminated or is stayed by the court of the other state.»

While injunctions against the enforcement of a State rate statute should not be granted by a Federal court except in a case reasonably free from doubt, the equity jurisdiction of the Federal court has been constantly exercised for such purpose.

(2) the person otherwise lawfully practicing as an in - house counsel under the laws of a foreign jurisdiction must be authorized to practice under this rule by, in the exercise of its discretion, [the highest court of this jurisdiction].

In Shane Anthony Cooley (By His Father and Litigation Friend Peter Anthony Cooley) v Ramsey [2008] EWHC 129 (QB), the High Court was asked to consider whether it had jurisdiction to grant permission for proceedings to be served in Australia in a case where a British citizen had been left grossly handicapped as a result of a road traffic accident which had occurred in Australia; and whether, if so, it should exercise its discretion in the claimant's favour.

«The doctrine of judicial immunity affords state judges absolute immunity for past judicial acts regarding matters within their court's jurisdiction, even if their exercise of authority is flawed by the commission of grave procedural errors.»

It is contended that the words of the Constitution vest an appellate jurisdiction in this Court which extends to every case not excepted by Congress, and that if the Court had been created without any express definition or limitation of its powers, a full and complete appellate jurisdiction would have vested in it which must have been exercised in all cases whatever.

(2) The Court of Appeal has the jurisdiction conferred on it by this or any other Act, and in the exercise of its jurisdiction has all the powers historically exercised by the Court of Appeal for Ontario.

(2) The Superior Court of Justice has all the jurisdiction, power and authority historically exercised by courts of common law and equity in England and Ontario.

Instead the Court relies on the wording of a Practice Direction, namely FPR 2010 PD12D which states that, «the court may in exercising its inherent jurisdiction make any order or determine any issue in respect of a child unless limited by case law or statute.»

this is the necessary result of the Court's decision, unless, in the alternative, that would be to imply that, in exercising such jurisdiction, there is only one kind of general court - martial, but there are two or more kinds of military commission, with wholly different procedures and with the result that «the commander in the field» will not be free to determine whether general court - martial or military commission shall be used as the circumstances may dictate, but must govern his choice by the kind of procedure he wishes to have employed.

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.

2012), addresses the important international practice question of whether activity by a non-U.S. sovereign satisfies the «commercial activity» exclusion to the application of the Foreign Sovereign Immunities Act, thus permitting the federal courts to exercise subject matter jurisdiction over a matter.

This is familiarly the case where a court of chancery has exercised jurisdiction in a case where the plaintiff had a plain and adequate remedy at law, and it so appears by the transcript when brought here by appeal.

Thus it will be seen by these quotations from the opinion that the court, after stating the question it was about to decide in a manner too plain to be misunderstood, proceeded to decide it, and announced, as the opinion of the tribunal, that in organizing the judicial department of the Government in a Territory of the United States, Congress does not act under, and is not restricted by, the third article in the Constitution, and is not bound, in a Territory, to ordain and establish courts in which the judges hold their offices during good behaviour, but may exercise the discretionary power which a State exercises in establishing its judicial department and regulating the jurisdiction of its courts, and may authorize the Territorial Government to establish, or may itself establish, courts in which the judges hold their offices for a term of years only, and may vest in them judicial power upon subjects confided to the judiciary of the United States.