Sentences with phrase «jurisdiction of any cases where»

Not exact matches

«I observe with particular pleasure the view you have taken of the immunity of Religion from civil jurisdiction, in every case where it does not trespass on private rights or the public peace.

The Committee recommends that the jurisdiction of the Federal Magistrates Court be extended to enable it to deal with Misuse of Market Power (s. 46 and s. 46A where cases rely upon s. 83), Contravention of Industry Codes (s. 51AD) and Unconscionable Conduct (Part IVA).

The court of appeals handles all appeals except those in the supreme court's exclusive jurisdiction: challenges to the validity of a United States statute or treaty, the validity of a state constitutional provision or statute, cases requiring construction of revenue laws, the title to state office and cases where the death penalty is imposed.

«Where the Court of Appeal lacks the necessary jurisdiction, in the first place, to hear and determine the appeal before it, such as in the instant case, no decision of the court against the competent appeal lies to this court.

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.

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.

Some restrictions that various versions of BSL impose are: - muzzling and leashing in public - muzzling and leashing in cars - extra-short leash lengths - automatic dangerous or vicious dog designation, without any bite history - banning from city parks and beaches where other breeds are allowed - banning from leash - free parks where other breeds are allowed - banning completely from jurisdiction (although sometimes existing dogs are allowed to stay)- special (i.e., more expensive) licensing and jurisdiction - wide registry - special tags identifying the dog as a restricted dog - mandatory microchipping and photograph - mandatory insurance (often one million dollars) for each individual dog on the premises - mandatory signage indicating the presence of the dog on the owner's property - mandatory secure enclosures (in some cases, mandatory chaining)- mandatory spay / neuter (to eventually eliminate the breed entirely)- higher fines and / or jail time if a restricted breed bites or menaces - fines and / or jail time for any infraction of any provision regarding restricted breeds - age limit for walking the dog in public - persons with criminal records not allowed to own a restricted breed - ability of law enforcement to stop owners on the street just to check the dog's status - ability of law enforcement to seize dogs without proof of wrongdoing - ability of law enforcement to enter an owner's home, with or without a warrant, to investigate and / or seize a dog

The case M. (C - 398 / 12, M., 5 June 2014) concerns a suspect of sexual violence (committed against a child) who was subject to parallel investigations in Belgium (where the crime was allegedly committed) and Italy (because the suspect is Italian and Italian law provides for extraterritorial jurisdiction in this case).

However, in cases where a failure to give proper disclosure has made a fair trial impossible, or prevented the court from doing justice, or in instances of a flagrant abuse of process, a superior court will exercise its inherent jurisdiction — its power to control its own procedure so as to prevent it from being used to achieve injustice — to strike out the case before or during a trial (see for example Raja v Van Hoogstraten and others [2006] EWHC 1315 (Ch) and CPR 3.4 (5)-RRB-.

[T] he original jurisdiction of the Supreme Court, in cases where a State is a party, refers to those cases in which, according to the grant of power made in the preceding clause, jurisdiction might be exercised in consequence of the character of the party, and an original suit might be instituted in any of the federal Courts, not to those cases in which an original suit might not be instituted in a federal Court.

In jurisdictions where privilege exists, certain steps can be taken in light of recent case law to maintain privilege over relevant documents.

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 unknCases 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 unkncases where the opposite party does not have an address in Japan or the address of the opposite party is unknown).

It examines three different sets of developments: (i) those areas where judicial intervention in the English Courts has eroded the principles in cases in fields including arbitration, ancillary relief and financial services regulation, (ii) the developments under the notionally identical jurisdiction under EU Regulation 1206/2001 and (iii) the emerging jurisprudence under the new jurisdiction for non-party disclosure under CPR 31.17.

In a useful reminder for parties who might not otherwise consider themselves to be subject to English jurisdiction, in the recent case of Bestolov v Povarenkin, the High Court confirmed that, where a defendant is domiciled in England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdiction.

Following its participation in that case, it created a Committee designated to conduct a more in depth review of the issue, including commissioning legal research, and further consideration of experience in jurisdictions where assisted suicide was legalized.

The new jurisdiction appears to carry forward one of the key features of the LVT - that, in most cases, the jurisdiction is one where costs are not ordered payable.

decided in a copyright case that one had to look at a real and substantial connection between the defendants and the jurisdiction of the court — or administrative tribunal — but not at where the server happened to be.

A lawyer can make a recommendation about when to accept a settlement offer and when to take a case to trial, depending upon the nature of the case, your injuries, permanency, etc., and also the jurisdiction where the case is pending.

The Alabama Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) applies in cases where a custody decision is made or which impact access to a child — including divorce, legal separation, neglect, dependency, guardianship, paternity, termination of parental rights, and protection from abuse concerning the legal custody, physical custody and visitation of children are decided.

I would suggest that the emphasis on the democracy principle is reminiscent of the Court's emphasis on the principle of the rule of law in the recent case of H v Council, where the Court interpreted the Treaty provisions on the Court's jurisdiction with regard to CFSP - matters through the prism of the principle of the rule of law.

A recent English court case, Football Dataco Ltd et al. v Sportradar GmbH [2010] EWHC 2911 (Ch), has held that at least for some purposes, the jurisdiction of a court over Internet content should be based on where the server was located, and not where the information online was read or used.

There are occasions, however, where legislatures «steal» laws from other jurisdictions, in which case they often look to each other for early development of common law on those laws.

In Vermont before the revision of the state constitution in 1786 it was not unusual for the legislature to intervene in court cases, and I know there was at least one case in Vermont before that where the legislature granted a divorce, but somehow I got an impression that in bankruptcy cases in Vermont the legislature was the court of original jurisdiction.

In a jurisdiction where there is no Crown copyright, such as the United States, shouldn't there be evidence of abuses and risks of inaccurate legislation or case law permeating throughout the jurisdiction?

Gathering a large enough body of information to create a robust database capable of accurate predictive analysis would appear challenging in our jurisdiction, where we have a much smaller volume of cases that most American jurisdictions.

There can hardly be a more poignant example of the need for international co-operation than the drive against money laundering (which goes hand in hand with that against international corruption), nor a more clear example that, whether for good or ill, we live in a globalised world, where traditional definitions of jurisdiction and boundaries may be obstacles to case prosecution.

In the invoked cases, the Court has previously decided to decline jurisdiction where it was obvious from the circumstances of the case that EU law was not applicable.

We also represent clients in federal court where we have successfully obtained defense verdicts in jury trials in premises liability cases despite the challenges of litigating in a pro-plaintiff jurisdiction.

This is the case, in particular, where the tribunal applies substantive standards that existed before the entry into force of the treaty providing for jurisdiction.

(2) from any final judgment of the Court of Québec in a case where such court has exclusive jurisdiction under any Act other than this Code;

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

Until recently general jurisdiction over a defendant (i.e. jurisdiction over any lawsuit against a defendant without regard to the particular facts of the case) was present in any state where a company has a permanent office for the conduct of business, under half a century of precedent on the issue that traced back to a U.S. Supreme Court case known as International Shoe v. State of Washington, 326 U.S. 310 (1945).

For example, if I provide a statement of law and four citations to different jurisdictions supporting the statement, you may only see one case on the screen depending on where you are currently standing (with the option to see all citations of course).

I also deal with cases of criminal relevance; this is where you can be the real assignee and be the first to record it in your home country, but then a third party tries to be first to record themselves fraudulently in an alternative jurisdiction.

Existing statutory limits on federal court jurisdiction limit the jurisdiction of the U.S. District Courts in most cases of cases to cases in which a state court in the state where the U.S. District Court is located would have either general jurisdiction or specific jurisdiction of the defendant (without regard to the fact that the case might be within the exclusive jurisdiction of the federal courts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum state).

Its outcome will not affect the power of the Courts of England and Wales to deal with disputes where both parties are within this jurisdiction or where the common laws will apply in any case.

Where, as in this case, it is a complaint of unlawful treatment the ET is the appropriate specialist tribunal, and accordingly has jurisdiction.

While the post - «TC Heartland» redistribution of patent cases to districts that are already familiar with patent law should be largely uneventful, it is far less clear what will happen in jurisdictions where patent cases are currently underrepresented.

The decision halts a 27 - year old expansion of venue in patent cases which began in 1990 when an appellate court expanded venue from a corporation's state of incorporation to any district where personal jurisdiction could be established over the alleged infringer.

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.

They looked at cases in other jurisdictions where Norwich type orders had been abused, and pointed to the flexibility of this mechanism to ensure that it was not used unfairly, abusively or without restriction, and concluded the following,

In this case, it was held that under section 3 of the Act the court has jurisdiction to give appropriate relief especially the interim orders where the seat of arbitration is outside Bangladesh.

In the exercise of case management powers, the burden on a defendant who seeks a stay where a plaintiff has founded jurisdiction in this country as of right is particularly significant where the jurisdiction of the English court is founded on a contractual provision.

No doubt that practical commercial reality accounts for the paucity of Canadian cases in this area — judgment creditors tend to go forward only in those jurisdictions where little doubt exists that their judgment debtors possess assets.

But it could not avoid the need to determine whether or not permission was to be granted in a case where the issue as to whether or not there was a ground for jurisdiction was no more than evenly balanced, or where the case in favour of an agreement was somewhat less convincing than the claim that there was not but was still plausible.

The DIFC Courts have jurisdiction to make costs orders against third parties, including Funders, where the Court deems it appropriate, given the circumstances of the case.

We expect to see more funded claims across continental Europe, particularly in Italy and Spain, with a rising number of arbitration cases in those jurisdictions, and in Hong Kong and Singapore, where attitudes towards funding are warming up.

Moreover, an Italian public authority seeking to shield itself behind the authority of the Italian courts to shut out the jurisdiction of the English courts may indeed be very unpleasantly surprised as was the case here where the Italian Regional Administrative Court of Piedmont refused jurisdiction in the above named cases in favour of the English courts, a fact taken into account in the judgement of the English court in the application for summary judgement as further justification for its decision..

Lord Justice Lloyd Jones stated at § 147 that it was common ground that a procedural duty to investigate arose under Article 5 in cases where there was an arguable claim that a person within the jurisdiction of a Contracting State had been the subject of enforced disappearance.

Therefore, the homologation process in Ecuador implies that the party that seeks the enforcement of a foreign award shall file a petition with the Provincial Court8, which will assess whether the award complies with the following requirements: (i) The international award complies with the formalities required for it to be considered authentic in the state where it was issued; (ii) The award is final and binding in the jurisdiction where it was delivered and the attachments are duly legalized; (iii) With regard to the requirement prescribed in the Convention, if the award is in a language other than the official language of the country, in this case Spanish, it shall incorporate a translation; (iv) It is shown from the legal papers of the arbitration proceedings that the party against whom the awards is being enforced was duly notified of the claim and that there was no due process violation; (v) The petition must specify the domicile of the party against whom the award is being enforced.