Sentences with phrase «for civil law jurisdictions»

Not exact matches

According to the state Retirement and Social Security Law, which was last amended in 2008, in order to receive approval for a section 211 waiver from the state's three - member Civil Service commission, a jurisdiction must demonstrate «an urgent need for his or her services» because of «an unplanned, unpredictable, unexpected vacancy and sufficient time is not available to recruit a qualified individual.»

DOT may make available to another agency or instrumentality of any government jurisdiction, including State and local governments, listings of names from any system of records in DOT for use in law enforcement activities, either civil or criminal, or to expose fraudulent claims, regardless of the stated purpose for the collection of the information in the system of records.

(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.

It is primarily concerned with the jurisdictions in the common law, and deals with the cases of civil wrong where someone else has to suffer loss or harm which results in legal liability for the person who happens to commit a tortuous act.

In Anglo - Saxon jurisdictions, cause in fact is often described as the «but for» test; in civil law jurisdictions, this is the «conditio sine qua non'test, i.e. cause as a necessary condition for a consequence.

Were there any real likelihood of this ensuring more payments it might be tolerable to see the criminal jurisdiction — excluded for civil proceedings since the late 19th century — brought into family law; but I doubt there will be any higher a rate of clearance of arrears than under the existing scheme.

He also cited the need to uphold the Lugano Convention (the equivalent of the Brussels convention on jurisdiction for European Economic Area states) which is incorporated into English law under the Civil Jurisdiction and Judgmenjurisdiction for European Economic Area states) which is incorporated into English law under the Civil Jurisdiction and JudgmenJurisdiction and Judgments Act 1982.

For example, civil trial attorneys within the DOJ's Tax Division are requesting the issuance of John Doe summonses (ie, summonses that seek information regarding specific unidentified persons) and are seeking the enforcement of Nova Scotia summonses (ie, summonses served on a US branch of an overseas bank requesting the production of bank records held by parts of the bank located in a jurisdiction with strict bank secrecy laws) mostly against financial institutions.

Co-Author, «International Law Firm Network,» Chapter 3 in International Corporate Practice: A Strategic Plan for Success, Cross Border Versus Global Choice, Civil Versus Common Law Jurisdiction (Practicing Law Institute 2008)(updated through 2013)

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.

Some sort of automated (computerized) or facilitated system (such as having financial and property issues referred to a third - party assessor as happens in some civil law jurisdictions) is, in my view, inevitable, for at least two reasons.

Civil law jurisdictions, for example, lack U.S. tools like citators and case digests because of the reduced role cases play in systems that do not adhere to stare decisis.

138 The Alien Tort Statute, 28 U.S.C. § 1350 provides that «[t] he district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.»

By way of an explanation to the uninitiated, it can be said that a Juris Classeur encyclopedia serves much the same purpose for a legal practitioner in a civil law jurisdiction as does the Halsburys Model in common law jurisdictions.

(For those who don't know, Quebec is a civil law jurisdiction; all others are common law.)

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 rights.

This is a difficult concept in civil law jurisdictions and the word neutrally» is added to show that when making his determinations he is not acting for the Employer and is meant to be «non-partisan».

Bringing a claim for compensation after a US car accident can involve complex issues such as where a civil action should be started and which jurisdiction's laws will apply.

While the United States has not entered into any treaties for the recognition of foreign court judgments in civil actions, private civil litigants may seek to register final U.S. court decisions with foreign courts through exequatur proceedings under the law of the foreign jurisdiction.

Of course, knowledge of the law, civil rules and guidelines appropriate for your jurisdiction are important, as is some grasp of what records should be kept, and for how long; but these are both only a small part of what a litigation support professional should know.

Only qualified lawyers possessing the right to conduct litigation and / or a right of audience before the superior courts of the jurisdiction in which they practice civil and commercial law are currently eligible for accreditation.

Article 8 provided, after referring to Article 3 of Federal Law No. 8 of 2004 (see above), that, as DIFC law can apply in the DIFC in relation to civil and commercial matters, «the rights and liabilities between persons in any civil or commercial matter are to be determined according to the laws for the time being in force in the Jurisdiction chosen, in accordance paragraph 2&raquLaw No. 8 of 2004 (see above), that, as DIFC law can apply in the DIFC in relation to civil and commercial matters, «the rights and liabilities between persons in any civil or commercial matter are to be determined according to the laws for the time being in force in the Jurisdiction chosen, in accordance paragraph 2&raqulaw can apply in the DIFC in relation to civil and commercial matters, «the rights and liabilities between persons in any civil or commercial matter are to be determined according to the laws for the time being in force in the Jurisdiction chosen, in accordance paragraph 2».

Press Release NEW TITLE April 2013 Disclosure of Information: Norwich Pharmacal and Related Principles Simon Bushell and Gary Milner - Moore The first and only book to offer an in - depth examination of the controversial Norwich Pharmacal jurisdiction «A discussion with any civil law practitioner hearing about the concept for the first time and appreciating its ramifications is guaranteed to lead to a...

We have the experience in providing Expert Opinions for courts in other jurisdictions, consulates in China, overseas organizations in the international civil cases, our lawyers were interviewed by Reuters, China Radio International (CRI), Outlook Weekly, Bloomberg BusinessWeek, Evening Post and other world famous media on hot legal topics, were invited by European Union Member States (EUMS) to make special report on Chinese law for consular officers from nearly 20 European countries, make presentation at international conferences and provided legal training for newly practicing lawyers and made many professional speeches at legal conferences, such as International Private Law Conference, Civil Procedural Conference, Lawasia confercivil cases, our lawyers were interviewed by Reuters, China Radio International (CRI), Outlook Weekly, Bloomberg BusinessWeek, Evening Post and other world famous media on hot legal topics, were invited by European Union Member States (EUMS) to make special report on Chinese law for consular officers from nearly 20 European countries, make presentation at international conferences and provided legal training for newly practicing lawyers and made many professional speeches at legal conferences, such as International Private Law Conference, Civil Procedural Conference, Lawasia conferenlaw for consular officers from nearly 20 European countries, make presentation at international conferences and provided legal training for newly practicing lawyers and made many professional speeches at legal conferences, such as International Private Law Conference, Civil Procedural Conference, Lawasia conferenLaw Conference, Civil Procedural Conference, Lawasia conferCivil Procedural Conference, Lawasia conference.

From 11 January 2009, Rome II created a harmonised set of rules within the EU to govern choice of law in civil and commercial matters (subject to certain exclusions) concerning non-contractual obligations, including, as in this case, specific rules for tort (and its near - equivalent in many European jurisdictions, delict).

The ATS, a single sentence within the Judiciary Act of 1789, provides United States federal courts with original jurisdiction over «any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.»

We have the experience inproviding Expert Opinions for courts in other jurisdictions, consulates in China, overseas orgnizations in the international civil cases, our lawyers were interviewed by Reuters, China Radio International (CRI), Outlook Weekly, Bloomberg BusinessWeek, Evening Post and other world famous media on hot legal topics, were invited by European Union Member States (EUMS) to make special reporton Chinese law for consular officers from nearly 20 European countries, make presentation at international conferences and provided legal training for newly practicing lawyers and made many professional speeches at legal conferences, such as International Private Law Conference, Civil Procedural Conference, Lawasia confercivil cases, our lawyers were interviewed by Reuters, China Radio International (CRI), Outlook Weekly, Bloomberg BusinessWeek, Evening Post and other world famous media on hot legal topics, were invited by European Union Member States (EUMS) to make special reporton Chinese law for consular officers from nearly 20 European countries, make presentation at international conferences and provided legal training for newly practicing lawyers and made many professional speeches at legal conferences, such as International Private Law Conference, Civil Procedural Conference, Lawasia conferenlaw for consular officers from nearly 20 European countries, make presentation at international conferences and provided legal training for newly practicing lawyers and made many professional speeches at legal conferences, such as International Private Law Conference, Civil Procedural Conference, Lawasia conferenLaw Conference, Civil Procedural Conference, Lawasia conferCivil Procedural Conference, Lawasia conference.

And for any readers who simply can't get enough when it comes to appeals involving the law school subjects of federal courts and civil procedure, today the U.S. Court of Appeals for the Ninth Circuit issued a decision resolving «whether the federal court in Guam has jurisdiction in disputes exclusively between aliens.»

The prevalence of shorter, simpler emails is also consistent with my recent legal experience as a litigation associate in a large law firm before starting to teach legal writing full - time — an experience I have drawn on in trying to design realistic assignments.59 The emails I wrote often dealt with relatively straightforward substantive matters, procedural questions surrounding litigation, or some combination of the two, such as the steps for having an appellate court relinquish jurisdiction to correct a scrivener's error in a lower - court judgment or the timeline for responding to an in rem civil forfeiture action.

One is that the Court had in mind the amicus brief authored by Harvard Law School's Jack Goldsmith, which Justice Kennedy prominently cited for the proposition that: «No other nation in the world permits its courts to exercise universal civil jurisdiction over alleged extraterritorial human rights abuses to which the nation has no connection» (emphasis added).

Comparing to other civil law jurisdictions, the abovementioned features should not be a problem, for the systems are similar.

A civil code is the key to accessing all types of private law for many civil law jurisdictions.

Except as otherwise provided by law, the court shall have original jurisdiction of civil actions for money damages.

Whilst standard in the UK, this is wholly new for many civil law jurisdictions and it will be fascinating to see how courts cope with it.

Except as otherwise provided by law, the district court and Boston municipal court departments shall have original jurisdiction of civil actions for money damages.

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.

You can access up to 14 days of a courtroom's calendar to find your court date for general jurisdiction civil, limited jurisdiction civil, family law and probate calendars.

In the United Kingdom and the United States, where similar (but not identical) doctrines of legal professional privilege exist, and in civil law jurisdictions that do not recognise the concept of privilege but rely heavily on the doctrine of professional secrecy, significant pressure points arise as a company seeks to keep material privileged and confidential while also satisfying the appetite of public bodies (regulators, prosecutors and legislators) and customer or investor groups for unguarded candour.

Aside from the usual local requirements, such as any employment legislation, dispute resolution requirement or governing law (for example where the services will be delivered in both common law and civil law jurisdictions), there are other issues that must be reviewed in preparing local agreements.

So to call a tort a «délit» in French is not accurate, because a tort in common law is not the same as a délit in civil law, or a delict, for that matter (since there is good English for civil law — as spoken in Scotland, Louisiana and other anglophone civil law jurisdictions.

They wrote: «The provisions of the AHR Act concerning controlled activities, namely those involving assistance for human reproduction and related research activities, do not fall under the criminal law power, but belong to the jurisdiction of the provinces over hospitals, civil rights and local matters.»

The Hague Convention of 25 October 1980 on the civil aspects of international child abduction («the 1980 Hague Convention») and the Hague Convention (1996) on jurisdiction, applicable law, recognition, enforcement and cooperation in respect of parental responsibility and measures for the protection of children continue to apply in cases where the 2003 Regulation does not.

For an overview of the status of representation provisions in all Australian jurisdictions in respect of civil, family and care and protection matters, see Australian Law Reform Commission and HREOC, Seen and Heard: Priority for Children in the Legal Process, ALRC Report No. 84, 1997, Chapter For an overview of the status of representation provisions in all Australian jurisdictions in respect of civil, family and care and protection matters, see Australian Law Reform Commission and HREOC, Seen and Heard: Priority for Children in the Legal Process, ALRC Report No. 84, 1997, Chapter for Children in the Legal Process, ALRC Report No. 84, 1997, Chapter 13.

Capias Capias Mittimus CAPTA (Child Abuse Prevention and Treatment Act) Caption Case Management Cause of Action CEJ (Continuing Exclusive Jurisdiction) Central Authority Certification Certified Divorce Financial Analyst Cestui Que Trust Charge to Jury Child Abduction Child Abuse and Neglect Child Representative Child Support Enforcement Child Support Guidelines Child Support Payment Children's Rights Circuit Court Citation Civil Code Civil Contempt Civil Law Civil Liberties Civil Rights Civil Union Clear and Convincing Evidence Classifications of Law Clerk of the Court COBRA (Consolidated Omnibus Budget Reconciliation Act) Codicil Cohabitation COLA (Cost of Living Adjustment) Collaborative Divorce Collaborative Law Commencement of Action Common Law Common Law Marriage Community Property Competency Complainant Complaint for Divorce Concurring Opinion Condonation Confidential Privilege Conflict of Interest Conjugal Rights Consanguinity Consent Order Conservator Consolidation Constitution Contemnor Contempt of Court Contested Divorce Contingency Fee Continuance Contract Co-Respondent Corroborative Witness Cost Analysis Counsel Counseling Count Counterclaim Court Court Costs Court of Equity Court Order Court Reporter Court Services Officer Covenant Marriage Coverture CRC (Children's Rights Council) Criminal Contempt Cross-Examination Cruel and Abusive Treatment CSRA (Child Support Recovery Act) Custodial Parent Custody Custody Affidavit Custody Evaluation Custody Preference