Sentences with phrase «has appellate jurisdiction»

The Court also has some appellate jurisdiction under various statutes.

The district court dismissed the complaint for failure to state a claim, and Turner appealed to the Eleventh Circuit (which has appellate jurisdiction over federal cases arising from Alabama, Georgia and Florida).

The Supreme Court only has appellate jurisdiction over this case; the district court is the entity that has the authority to decide this on first instance.

Of course, the Supreme Court has appellate jurisdiction, as they do in all cases, except as prohibited by the 11th Amendment.

In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.»

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

In Jang v. Boston Scientific Corp., [15] the court considered whether it had appellate jurisdiction over a patent license dispute.

«In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make.»

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.

Karakatsanis J. points to multiple features of the elaborate statutory scheme that might be said to support the alternative interpretation and explains how each of them is nonetheless consistent with the Board's interpretation (if one can call it that), much of which is supported by reference to a decision made by another body that «formerly» had appellate jurisdiction from the Board (at para. 44).

The district court has original jurisdiction in all civil and criminal cases and shall have appellate jurisdiction as prescribed by law.

The court of appeals shall have appellate jurisdiction over all courts, except the supreme court, and other appellate jurisdiction as prescribed by law.

The question presented was whether the Fourth Circuit had appellate jurisdiction — that is, whether the dismissal without prejudice was a final, appealable order under 28 U.S.C. 1291.

As well as having an original jurisdiction of their own, all three divisions of the High Court have appellate jurisdiction to hear appeals from lower Courts and tribunals.

When, therefore, Congress enacts that this court shall have appellate jurisdiction over final decisions of the Circuit Courts in certain cases, the act operates as a negation or exception of such jurisdiction in other cases, and the repeal of the act necessarily negatives jurisdiction under it of these cases also.

«The Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make.»

Not exact matches

As may be provided by law, an appellate term shall have jurisdiction to hear and determine appeals from the district court or a town, village or city court outside the city of New York.

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed time.

But Justice Gabriel Kolawole, in his judgment, delivered on July 1, 2015, held that he lacked jurisdiction to entertain the suit while the June 8, 2015 judgment of the Lagos Division of the Federal High Court, nullifying the extradition application and affirmed by another judge of the same Lagos division on June 23, 2015, had not been set aside by any appellate court.

A Gazalli objected to Dasuki's Case, arguing that the ECOWAS Court has no jurisdiction to enforce the bail conditions because it can not sit as an appellate court to the Nigerian Court.

This could include everything from having partners who used to hold senior industry positions to building a specialty in a small but growing niche to winning a landmark case in an appellate court to providing services in multiple jurisdictions and languages.

Finally, there is another jurisdiction - specific component here that detractors appear to gloss over, and it's one that has been highlighted in the respective TWU cases at the appellate level.

Applying the U.S. Supreme Court's 2014 decision in Daimler AG v. Bauman that limited general jurisdiction, a California appellate court held that such jurisdiction was lacking, but that the California courts had specific jurisdiction over the nonresidents» claims.

Long and Christensen found no statistically significant correlation between readability and outcome in the briefs in their study.129 For federal appellate court briefs and state supreme court briefs, the only variable with a statistically significant correlation to reversal was jurisdiction, which is not surprising because state cases have higher reversal rates than federal cases.

The appellate court explained that if the City had sovereign immunity from suit, the lower court would not have subject matter jurisdiction over the case.

Recently, in Sattva Capital Corporation v Creston Moly Corporation et al [2014] 2 SCR 633, the court confirmed that the appellate jurisdiction to review written construction cases must necessarily be limited given the legal requirement for the first instance court to reach its decision as a mixed question of law and fact.

When the appellate court received the Special Action Petition, the Court of Appeals ordered both parties to file simultaneous briefs addressing whether the trial judge had jurisdiction to issue its order, since it addressed the same subject on which the superior court had previously ruled.

Clarification was important because there are several bodies which have varying jurisdiction in professional discipline appeals in Québec: the Tribunal des professions, which oversees 46 different regulatory bodies; the provincial court, which has many appellate functions in administrative matters; and the superior court, which has a judicial review jurisdiction.

His representation has ranged from class action and complex commercial and environmental cases to limited jurisdiction premises liability cases and administrative hearings, successfully arguing appellate cases such as Resolution Trust Corp. v. Rossmoor Corp. (1995) 34 Cal.App.4 th 93, Ryan v. Lustre - Cal (2014) WL 7384613, McCormick v. San Pedro Bait Co., Inc. (2009) WL 4801962 and the federal district court decision, Ameripride Services, Inc. v. Valley Industrial Service, Inc. (2007 E.D. Cal.)

Presently, we have a Caribbean Court of Justice that functions as a tertiary appellate court for some jurisdictions and administers Caricom Treaty.

Where an appellate court considers there is merit in an appeal against a possession order, it has jurisdiction to preserve the position until the appeal is heard.

A new team of lawyers tried to overturn the deportation in federal appellate court, but the court said it had no jurisdiction over a Justice Department proceeding.

A relatively recent case in the federal appellate court that has jurisdiction over Florida federal courts held that claims based on sexual orientation are not covered by the federal law governing employment discrimination.

We have prosecuted and defended major disputes in federal and state courts in every state in the U.S., and have won appeals in many of these jurisdictions and virtually all federal appellate courts.

It would be strange if, in a case where the powers of the two courts are united in one court, from whose judgments an appeal lies, causes of which the district courts have exclusive original jurisdiction should be excepted from the operation of the appellate power.

Under the Nevada Constitution, the district court has final appellate jurisdiction in cases arising in the justice court.

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 a recent Texas appellate case, the plaintiff argued that the lower court should not have granted a county's plea to the jurisdiction.

The supreme court shall have general appellate jurisdiction, co-extensive with the state, in both civil and criminal causes, and shall have a general superintending control over all inferior courts, under such rules and regulations as may be prescribed by law.

We are at a loss to understand upon what principle of law, applicable to appellate jurisdiction, it can be supposed that this court has not judicial authority to correct the last - mentioned error because they had before corrected the former, or by what process of reasoning it can be made out that the error of an inferior court in actually pronouncing judgment for one of the parties in a case in which it had no jurisdiction can not be looked into or corrected by this court because we have decided a similar question presented in the pleadings.

First, on the strict matter of appellate jurisdiction, the Court of Appeals said yes, it had such jurisdiction and in terms of the standard of review, «A district court decides a motion to compel arbitration under the same standard it applies to a motion for summary judgment» and that «the party opposing arbitration is given the benefit of all reasonable doubts and inferences that may arise.»

Arizona Court of Appeals, Division 1: Arizona appellate courts have jurisdiction to review trials and decisions appealed to them.

The Court of Appeal did not go so far as to say an appellate court would be required to grant permission to intervene where, absent a demonstrable error, status was granted in the court below — the Court of Appeal retains jurisdiction to control its own procedure.

(B) A judge shall not serve in a fiduciary position if the judge as fiduciary will likely be engaged in proceedings that would ordinarily come before the judge, or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves, or one under its appellate jurisdiction.

Under Jud.Code § 262, the circuit court of appeals has power to issue all writs not specifically provided for by statute which may be necessary to the exercise of its appellate jurisdiction.

(B) shall not practice law in the court on which the judge serves or in any court subject to the appellate jurisdiction of the court on which the judge serves, and shall not act as a lawyer in a proceeding in which the judge has served as a judge or in any other proceeding related thereto.

(1) is not required to comply with Canons 4A (4), 4A (5), 4D (2), 4E, 4F, or 4H (3); (2) except as provided in the Conflict - of - Interest Rules for Part - time Magistrate Judges, should not practice law in the court on which the judge serves or in any court subject to that court's appellate jurisdiction, or act as a lawyer in a proceeding in which the judge has served as a judge or in any related proceeding.

(1) The judge should not serve if it is likely that as a fiduciary the judge would be engaged in proceedings that would ordinarily come before the judge or if the estate, trust, or ward becomes involved in adversary proceedings in the court on which the judge serves or one under its appellate jurisdiction.

The issue was one of jurisdiction and whether or not the appellate court had the inherent jurisdiction to raise an issue pertaining to the sentence imposed, when the appeal was purely a conviction appeal and neither parties raised the issue of fitness of sentence.