Sentences with phrase «exercise of jurisdiction over»

You and Drive Smart Driving School agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

AEMA, which has other objections to PJM's plan, told regulators that for PJM to need to rerun its base residual auction, several events would need to occur, including: the Supreme Court declining to consider EPSA; the court deciding a second case to preclude FERC's exercise of jurisdiction over demand response participation in the capacity market; and FERC would need to rule on both the EPSA remand and other complaints.

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

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

«Such decisions evolve from the Court of Appeal upon the exercise of jurisdiction over appeals from the court below.

Not exact matches

He said when his lawyers appeared in court, Justice Torkonoo «surprisingly purported to exercise jurisdiction over the contempt application although that was not the business of the day and gave a ruling vacating the earlier order she made dismissing the said application.»

... «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.

It held that the CCT was properly constituted to exercise jurisdiction over the trial of the Senate president.

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.

In my next column, I will look at these and other issues the Tribunal may have to consider in exercising its jurisdiction over the arbitration procedure and the involvement of a third party funder.

Article 11 Cases pertaining to a petition for an order under paragraph 1 of the preceding Article shall be within the jurisdiction of the district court which exercises jurisdiction over the area where the opposite party maintains an address (or a place of residence in cases where the opposite party does not have an address in Japan or the address of the opposite party is unknown).

Secondly, we have noted the call on Judges of the FCT High Court to be circumspect in deciding whether it is wise and correct to exercise jurisdiction over matters outside the FCT.

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.

There's a split over whether federal courts exercising bankruptcy jurisdiction should apply federal choice - of - law principles or the choice - of - law principles of the forum state.

In Pulse Data the ASC declined to exercise its public interest jurisdiction to cease trade a shareholder rights plan, primarily because a large majority of the shareholders of the issuer had voted to adopt the plan at a time where the take - over bid was pending with full disclosure of the implications of the shareholder rights plan.

But on Sunday, October 26, 1980, Justice of the Peace Faulkner arrived at the Don Jail, duly convened a hearing and declined to exercise jurisdiction over the 16 prisoners in custody at that time.

In exercising its inherent jurisdiction over its own processes courts routinely assess the conduct of counsel.

In granting permission to serve out of the jurisdiction the court was exercising an exorbitant jurisdiction over those who were not within its ordinary reach.

The matter came before Mrs Justice Hogg between 29 - 31 July 2014 and it was held that the English Court could not exercise jurisdiction over B as she was not habitually resident here from the date of her removal to Pakistan.

The Supreme Court overturned the decision, holding that the provision relating to maternity benefits represents a valid exercise of the federal jurisdiction over unemployment insurance.

«Without proper service of process, consent, waiver, or forfeiture, a court may not exercise personal jurisdiction over a named defendant.»

It says that Montana courts can only exercise jurisdiction over parenting and custody issues if Montana is the «home state» of the child which requires that the child has lived in Montana for at least six months at some point in the past.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

There is a doctrine called in custodia legis which provides that once something is in the custody of a court that another court may not exercise jurisdiction over it.

He cited the 1894 decision and pointed out that only 2 members of the House of Lords approved of this in Duff (ibid), although the Court of AppeaI in Kahan (ibid) relied on three of the speeches in Duff and held that there was no submission to the jurisdiction of the court in the absence of an undertaking given to the court at the time when the other party asked the court to exercise jurisdiction over it.

The ONCA held that the trial judge erred in failing to exercise his discretion to assume jurisdiction under s. 23 of the CLRA, which allows the court to exercise jurisdiction over a child's custody where that child is physically present in Ontario and would suffer serious harm if the child is removed from Ontario.

The only reasonable and, I think, possible conclusion to draw from the Articles is that the Articles which are in terms applicable to military commissions are so uniformly, and those applicable to both such commissions and to courts - martial when exercising jurisdiction over offenders against the laws of war likewise are uniformly, applicable, and not diversely according to the person or offense being tried.

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.

In Florida the power and responsibility of a court exercising guardianship jurisdiction over minors is such that the court itself is considered to be the minor's guardian.

The Court of Appeal held that the Tribunal did not have jurisdiction over the complaint because the respondent did not exercise power or authority over the complainant's employment.

It exercises the discretionary power of a State Government in authorizing the establishment of a court in which the judges hold their appointments for a term of years only, and not during good behaviour, and it exercises the power of the General Government in investing that [p446] court with admiralty jurisdiction, over which the General Government had exclusive jurisdiction in the Territory.

The Consequences of a Possession Charge A drug possession charge is quite simple to define: the knowing exercise of control and ownership over a controlled substance in sufficient quantities to trigger a relevant local, state or federal law (some drugs in some jurisdictions can be legally possessed in small amounts).

It must, in each of them, exercise jurisdiction over the judgment, and reverse it for the errors committed by the court below; and issue a mandate to the Circuit Court to conform its judgment to the opinion pronounced by this court, by dismissing the case for want of jurisdiction in the Circuit Court.

Clearly, a key component of the developments outside the U.S. is the question whether or not the U.S. courts will or will not exercise subject matter jurisdiction over these claims involving foreign investors.

The Prosecution seeks a ruling on a question of jurisdiction: whether the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh.

The court was careful to make clear that the CDSA as a whole was a valid exercise of federal jurisdiction over criminal law and that the statute itself was not contrary to the Charter.

The court when exercising the parens patriae jurisdiction takes over the rights and duties of the parents, although this is not to say that the parents will be excluded from the decision - making process.

A basis for the exercise of state jurisdiction over an individual in respect of a criminal act regardless of the location of the act or the nationality of the individual or victim; invoked only in connection with serious international crimes such

Both of these Fisheries Act provisions trenched on Provincial powers over property and civil rights in the Province, but one was found to have the primary purpose of protecting fisheries with only an incidental effect on Provincial jurisdiction, while the other was found to be insufficiently connected to the Federal fisheries power to be a valid exercise of the Federal power.

Rather, the Commission's decision was an exercise of its discretion under section 27 of the Act to consider whether the Appellants were suitable candidates for re-registration, over which the Commission has sole jurisdiction (as the MFDA has not been delegated this authority).

Due process permits state courts to exercise personal jurisdiction over nonresidents who have... [Read More...] about General Principles of Personal Jurisdiction in Defajurisdiction over nonresidents who have... [Read More...] about General Principles of Personal Jurisdiction in DefaJurisdiction in Defamation Cases

As the Court of Appeals for the Fifth Circuit observed, the defendant would have to investigate, over a number of cases, the race of persons tried in the particular jurisdiction, the racial composition of the venire and petit jury, and the manner in which both parties exercised their peremptory challenges.

Or, the court under certain circumstances may exercise jurisdiction over a third party who is in control of the divested asset.

In general, Canadian courts adjudicate on conflicts of interest in the course of exercising their inherent jurisdiction over the court's processes and in administering civil actions for breach of fiduciary duty.

the court must be able to exercise jurisdiction over one or more persons interested in the distribution of assets of the company.

Accordingly, the plaintiffs seek to have the church properties turned over to their congregations pursuant to the exercise of this Court's inherent jurisdiction over trusts and charities.

The ECtHR said that if an invading state could be considered to have exercised, temporarily, effective control of over a part of the territory of the invaded state, and if it could be shown that at the material time victims were inside that geographic are, it would follow that they were within the jurisdiction of the invading state and not that of the invaded non-contracting state.

Parliament had to be taken to have understood and endorsed the manner in which the power had been understood and exercised over the years; and it permitted the extension of the jurisdiction of the English courts over persons abroad to cover new causes of action and situations.

On the appeal, the Court of Appeal concluded it did have jurisdiction to grant a freezing order over the assets of the locally domiciled companies, although it declined to exercise that discretion on the facts before it.