Sentences with phrase «jurisdiction over any case in»

Constitutionally, Congress still has the authority to vest all U.S. District Courts with jurisdiction over any case in which the United States treated as a single state for purposes of general jurisdiction and specific jurisdiction analysis.

Second: countries can obtain jurisdiction over criminal acts that took place outside of its own territory under many doctrines: for instance, if you used your boat for human trafficking or child prostitution, the U.S. would likely have jurisdiction over any case in which an American was a victim under the doctrine of passive personalty.

Not exact matches

Eby said the B.C. government is expecting to announce shortly that it has filed a reference case to the courts to determine if it has jurisdiction over the pipeline in the province.

At issue in the case is whether SLUSA divests state courts of jurisdiction over class actions asserting claims arising under the Securities Act of 1933 (e.g., claims alleging a material misstatement in a registration statement).

In their first legal move since Benchmark filed its lawsuit on Thursday, Kalanick's team is arguing that the court doesn't have jurisdiction over the case.

US District Judge Mark Goldsmith had already issued a 14 day stay of removal on June 22nd for at least 114 mostly Christian Iraqis detained in the Detroit area, saying he needed time to work out whether he has jurisdiction over the case.

In other words, because the King had jurisdiction over everything in his kingdom, and he designated courts to handle cases for him, then the current iteration of those courts have jurisdiction over everything within their areaIn other words, because the King had jurisdiction over everything in his kingdom, and he designated courts to handle cases for him, then the current iteration of those courts have jurisdiction over everything within their areain his kingdom, and he designated courts to handle cases for him, then the current iteration of those courts have jurisdiction over everything within their areas.

While the Supreme Court has jurisdiction over criminal cases in most counties this is handled by the County Courts.

Local control over co-location decisions: Community Education Councils should be empowered to approve all co-locations of schools in their community school districts and, in the case of high schools — which normally fall outside the jurisdiction of the parent councils — all schools geographically located in their community districts.

In Putnam however, the Supreme Court does exercise jurisdiction over some criminal cases.

«The proper procedure was for a suit to be filed at a court or tribunal which had jurisdiction over the claims of the parties, and if that court in the course of determining the case took the view that the said issue was one of interpretation, that court will refer the issue to the Supreme Court according to article 130 (2) of the 1992 constitution», he added.

The district attorney with jurisdiction over the Clinton Correctional Facility in Dannemora, Andrew Wylie, said that his office was reviewing the case of an inmate, Leonard Strickland, who died there in 2010 after a violent encounter with prison guards.

It is also unclear exactly what jurisdiction the London mayor would have over such a proposal in any case.

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.

* Prosecute all public corruption offenses as felonies and seek original jurisdiction over all public corruption cases in the state.

In June, Mr. Cuomo signed an executive order granting Attorney General Eric Schneiderman jurisdiction over cases where a police officer kills a civilian who may have been unarmed, after the State Senate failed to support his proposals for an independent monitor to investigate such situations.

The case has gone through multiple hearings (details below), resulting in a court order that requires DEMS scientists to turn over all data related to DEMS, including drafts of scientific papers based on that data, to the mining coalition and to the U.S. House of Representatives Committee on Education and the Workforce, which claims jurisdiction over the study.

Because this issue has come before senior courts in other jurisdictions, Irish judges may consider the settled case law elsewhere to ascertain how best to resolve a dispute over the fate of stored embryos here.

In the case of any action terminating, or refusing to grant or continue, assistance because of failure to comply with a requirement imposed pursuant to this section, the head of the federal department or agency shall file with the committees of the House and Senate having legislative jurisdiction over the program or activity involved a full written report of the circumstances and the grounds for such action.

Roger is licenced to practice in multiple jurisdictions of New Jersey and New York and he has built up experience from handling thousands of bankruptcy cases over the course of his legal career.

If the justices decide not to take the case, the D.C. Circuit Court's decision to side with EPSA will stand — and FERC will have no jurisdiction over demand response in energy markets.

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.

Oral arguments were heard last month in the case, which is a battle to see who has jurisdiction over demand response in wholesale markets.

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.

So the case is not completely analogous to arbitration, in which the parties clearly can agree to confer jurisdiction over their dispute to the Tribunal.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

In February 2010, Judge Carton ruled in a case pending in an Australian court (yes, he has discretion to exercise jurisdiction over Australian matters) in which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.&raquIn February 2010, Judge Carton ruled in a case pending in an Australian court (yes, he has discretion to exercise jurisdiction over Australian matters) in which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.&raquin a case pending in an Australian court (yes, he has discretion to exercise jurisdiction over Australian matters) in which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.&raquin an Australian court (yes, he has discretion to exercise jurisdiction over Australian matters) in which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.&raquin which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.&raquin the Old Gum Tree» in their 1980s song, «Down Under.&raquin their 1980s song, «Down Under.»

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

In this single case, and never since, the Illinois Supreme Court ruled that the protections offered by the Illinois long - arm statute and Illinois due process exceeded those of the federal due process clause under the Fourteenth Amendment, and that for the Illinois courts to assert personal jurisdiction over the officer on these facts was «not fair, just, and reasonable.»

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).

There can be no dispute in this case that the Chinese Court had jurisdiction over the matter.

Choosing the right jurisdiction and venue is important, because if either one is incorrect, the case may be dismissed or «thrown out,» and the plaintiff will have to start over again in the court that does have the proper jurisdiction and venue.

The Court of Appeals, relying upon the case of Gilley v. Gilley, 327 S.C. 8, 488 S.E. 2d 310 (1997), held that when a prenuptial agreement divests the family court of jurisdiction over property distribution, the proper forum to seek enforcement is in the Circuit Court.

Court's Jurisdiction Over Procedural Requirements In the case of In re Marriage of Dorman, 9 P. 3d 329 (2000), the appellate court considered a promissory note signed only by one spouse.

In a typical ownership case where a state would like to punish someone for owning a weapon currently located outside the state, the state would already have jurisdiction over the person the might consider punishing.

As the Norwich Pharmacal jurisdiction has enjoyed a revival over the past five years in the wake of the Mohamed case, Disclosure of Information examines the future of the jurisdiction in modern applications such as the internet and social media, journalism, defamation, commercial secrets and fraud.

Pennsauken, NJ (Law Firm Newswire) June 12, 2017 — An appeals court has issued a ruling stating that the Division of Workers» Compensation Board has jurisdiction over the case of a New Jersey resident, Keith Williams, who accepted an employment offer in New Jersey, but was injured on a jobsite in New York state.

Contrary to the highlighted language in the statute, the Wisconsin District IV Court of Appeals, whose district includes Dane County Circuit Court, took jurisdiction over the Clean Wisconsin case.

Once you get a family law attorney in your corner, you will work together to appeal for a modification at the court that has jurisdiction over your divorce and your child support case.

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).

This case holds that specific jurisdiction over a defendant arising solely from the fact that it sold a defective product in a particular state or country which it caused an injury to be limited to plaintiffs who actually purchased the product or suffered an injury in that state.

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.

The case established that the ATS provides jurisdiction over tort actions in such «foreign cubed» cases, brought by non-US plaintiffs against non-US defendants for violations of customary international law, including war crimes and crimes against humanity, committed outside the US.

As stated in Briggs and Rees Civil Jurisdiction and Judgments (2005) 4th edition at paras 2.02 to 2.07 & 2.105: (i) The fundamental rule was that if a case fell within the Brussels Regulation, the Regulation alone allocated jurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept tJurisdiction and Judgments (2005) 4th edition at paras 2.02 to 2.07 & 2.105: (i) The fundamental rule was that if a case fell within the Brussels Regulation, the Regulation alone allocated jurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept tjurisdiction over the defendant; (ii) There were three overriding principles of interpretation: (i) the wording of the regulation should so far as possible be given a meaning which was common and uniform across the various member states; (ii) provisions which allowed a defendant to be sued against his will in a member state other than his domicile were to be construed narrowly; (iii) the risk of inconsistent decisions should be kept to a minimum.

The case law indicates that the merging of the Small Claims Court into the Ontario Court (General Division) in the 1990s did not invest the provincially appointed court with s. 96 powers (Domtar Commercial Roofing and Insulation v. Exeter Roofing & Sheet Metal Co., 1993 CanLII 5563 (ON SC)-RRB-, and it is likely that only federal legislation could do so since s. 96 courts had jurisdiction over copyright matters in 1867.

In particular, the availability of law from other jurisdictions, both case law and legislation, has increased remarkably over the past ten years, improving the quality of our own research product in CanadIn particular, the availability of law from other jurisdictions, both case law and legislation, has increased remarkably over the past ten years, improving the quality of our own research product in Canadin Canada.

If you're trying to figure out which justice court has jurisdiction over you or the justice court in which you should file a case, you can click here and input an address to determine the township in which that address is located.

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.

Represented the claimant in an arbitration arising out of an LME contract for the sale of iron ore (FOB Mumbai), being the only known case in which commercial arbitrators were required by the English High Court to accept jurisdiction over defamation claims.

Many, many years ago a canny old litigator who helped me transfer the first Chancery case to the newly established jurisdiction in Bristol explained over his Rumpolesque glass of claret and bulging waist - coat, that there are two types of litigator.