Sentences with phrase «full jurisdiction of the court»

It is perhaps indicative of the key role the Court has played in European integration that the European Union's opening hand on the protection of citizens» rights has argued for the full jurisdiction of the Court of Justice over the agreement.

Not exact matches

«To get full access to the single market you have to contribute to the budget and accept the freedoms, the four pillars and you have to accept the jurisdiction [of the European Court of Justice],» he told Andrew Marr in an interview due to be aired on BBC One on Sunday.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
If any one or more of the provisions of this Terms of Service are for any reason held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of this Terms of Service will be unimpaired and will remain in full force and effect.
If the court of law having jurisdiction rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms and Conditions will be valid in full force and effect.
Judge Joan M. Azrack, in addressing a room full of prospective jurors on Monday, let it be known that they'd been selected as representatives of one of the largest federal district court jurisdictions in the nation, covering Brooklyn, Queens, Staten Island, Nassau and Suffolk counties.
If any provision of these terms is determined by a Court of competent jurisdiction to be invalid or unenforceable in whole or in part, the validity and the enforceability of the remainder of the provision in question and of the remaining provisions of these terms shall be separate and several and construed and enforceable accordingly and shall continue in full force and effect.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
If any provision of these terms of service is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties» intentions as reflected in the provision, and the other provisions of these terms and conditions remain in full force and effect.
If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
If any provision of this Agreement is held invalid by a court with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected an in full force and effect.
If a court of competent jurisdiction determines that any term or provision of these Terms and Conditions is invalid, illegal, or incapable of being enforced, all other terms and provisions of these Terms and Conditions shall remain in full force and effect so long as the economic or legal substance of the transactions contemplated herein is not affected in a manner that is materially adverse to either party to the Terms and Conditions.
If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
It was thought that it was contrary to this spirit of «full faith and credit» (in Morguard's words, sort of) and administrative simplicity to allow defendants to wait in the bushes while the original court held a trial — even in default of appearance — and then attack jurisdiction only when the judgment came to be enforced in a place where the defendant had assets.
While the experience in different jurisdictions varies, I suspect that in Alberta (and elsewhere), few lawyers would would want to take on a case worth less than $ 50,000, especially if bound by the full - scale rules of court.
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 acCourt 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 accourt in another province or territory so long as that court has properly exercised jurisdiction in the accourt has properly exercised jurisdiction in the action.
Today's Tip is to remember that a data set limit might be a jurisdiction, court level or date range or it could be deciding to look first to digests of cases rather than a full text source...
The Court decided that (a) the process of surcharging by administrative bodies engaged the criminal part of Article 6 and (b) the Austrian courts hearing appeals against the surcharges did not have the jurisdiction to carry out a «full review» of the decision to surcharge; only that way could one turn the combination of administrative decision and court decision into a decision by a «tribunal» complying with ArticCourt decided that (a) the process of surcharging by administrative bodies engaged the criminal part of Article 6 and (b) the Austrian courts hearing appeals against the surcharges did not have the jurisdiction to carry out a «full review» of the decision to surcharge; only that way could one turn the combination of administrative decision and court decision into a decision by a «tribunal» complying with Articcourt decision into a decision by a «tribunal» complying with Article 6.
Indeed, the full court of the ECJ in Opinion 2/15 has already underlined that ISDS rivals with domestic courts and is not part of the domestic judicial system, when it held that ISDS «removes disputes from the jurisdiction of the courts of the Member States» (para. 292).
(a) If any part of the Agreement is found to be illegal or otherwise unenforceable by any court of competent jurisdiction, that part shall be severed from this Agreement and the rest of the Agreement's provisions shall remain in full force and effect.
In essence, he suggests limiting special jurisdiction under Article 7 (2) to two fora at the choice of the injured party; the courts in both fora would have jurisdiction to rule on the full claim, irrespective of whether the claimant is a legal or natural person (paras 70 - 72).
In a further decision, however, the Ontario Divisional Court found that the Ontario Human Rights Tribunal should have declined to consider a matter already addressed by a review body with jurisdiction to consider whether a regulator has complied with human rights requirements: College of Nurses of Ontario v. Trozzi, 2011 ONSC 4614 (full case here), reversing 2010 HRTO 1892 (summarized here) and also 2011 ONSC 3659.
Tags: Full Faith and Credit Clause, Jurisdiction, South Carolina Supreme Court Posted in Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific 1 Comment»
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.
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.
In the 2018 Fiscal Year budget, the jurisdiction of the Housing Court expanded to full state - wide coverage, and with it, the Legislature created five new judgeships.
It does not and can not dismiss the case for want of jurisdiction here, for that would leave the erroneous judgment of the court below in full force, and the party injured without remedy.
Leading London barrister Jonathan Sumption (now Lord Sumption) was sworn in last week as a member of the United Kingdom's highest court, the first barrister in 50 years to be appointed to the jurisdiction's top court without having served as a full time judge.
In particular, as a result of its full jurisdiction review, the Court of Appeal may:
In family court there may be other ways to affirm a party's interest without a forced sale AND the family law court has full jurisdiction to set aside the transfer deed on any grounds that the civil court could rely upon (i.e., fraud, lack of consideration, duress, breach of fiduciary duty if applicable, constructive trust, resulting trust, etc.).
Short Answer The Superior Court is the court of general jurisdiction and the primary equity court will full authority over cases seeking injunctive reCourt is the court of general jurisdiction and the primary equity court will full authority over cases seeking injunctive recourt of general jurisdiction and the primary equity court will full authority over cases seeking injunctive recourt will full authority over cases seeking injunctive relief.
If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Fraud litigation requires individuals who have an instinctive approach to investigation and interrogation, know how to problem - solve in the most commercial ways and can operate to use the full extent of the powers of the English courts (and the courts in foreign jurisdictions).
If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties» intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
If any provision of this agreement is found by a court of competent jurisdiction to be unenforceable, the remaining terms and conditions shall nevertheless be of full force and effect.
If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect.
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
(3A) The jurisdiction of the Court to hear and determine a case stated under section 94A shall be exercised by a Full Court.
The New York long arm statute, or the statute courts use to exercise jurisdiction over out - of - state parties, is different than most state laws because it does not give New York courts jurisdiction to the full extent allowed by the Constitution; instead, the New York long arm statute limits the scope.
If any term or provision of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
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