Sentences with phrase «jurisdiction over the matter of»

No matter, federal jurisdiction over the environment — including the jurisdiction to impose a national price on carbon — may also be based on its taxation power, or on its residual jurisdiction over matters of «national concern» under the Peace, Order, and Good Governance (POGG) power.

If Pennsylvania declines jurisdiction, the family court shall request Pennsylvania issue an order finding it no longer retains exclusive, continuing jurisdiction Pennsylvania Courts do not have jurisdiction over the matter of custody of this minor child.

Article 10 permits a court dealing with divorce or separation to take jurisdiction over matters of PR as Art 12 of BIIR does.

Not exact matches

UEFA have since rejected numerous attempts by the club to regain their place via the Swiss civil court in the Canton of Vaud, insisting the CAS is the only authority with jurisdiction over the matter.

... «Superior Court» is to be construed historically, and that... it connotes a court having an inherent jurisdiction, in England, to administer justice according to the law, as and being a part of, or descended from, and as exercising part of the power of, the Aula Regia, established by William the First, which had universal jurisdiction in all matters of right and wrong throughout the kingdom, and over which, in its early days, the King presided in person.

Most legislation is considered by standing committees, each of which has jurisdiction over a particular subject matter, such as Agriculture or Appropriations.

Based on recommendations included in the report, the Governor is introducing a program bill that would ban the provision of single - use, plastic carryout bags at any point of sale, and would provide the Department of Environmental Conservation with exclusive jurisdiction over all matters related to plastic bags and film plastic recycling.

Sec. 1 - 225 and Sec. 1 - 200) states that «meetings of all public agencies shall be open to the public», and defines public agency as «including any committee of, or created by, any such office, subdivision, agency, department, institution, bureau, board, commission, authority or official», and defines «meeting» as «any hearing or other proceeding of a public agency... to discuss or act upon a matter over which the public agency has supervision control, jurisdiction or advisory power», nonetheless, the State Department of Education attempted to keep the «training session» for superintendents closed to the public, stating it «is not a venue for members of the general public to participate.»

We hold that the District Court lacked subject matter jurisdiction over Polera's claims under the Americans with Disabilities Act («ADA»), 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, because she failed to exhaust her administrative remedies.

This Court has jurisdiction over the subject matter of this action and over the Settling Defendants.

This Court has subject matter jurisdiction over this action under Section 4 of the Sherman Act, 15 U.S.C. 4, and 28 U.S.C. 1331, 1337 (a), and 1345.

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

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).

Jay - Z argued, among other things, that the federal court lacked subject matter jurisdiction over alleged violations of Egyptian «moral rights,» but in an opinion issued on May 2, 2011, U.S. Judge Christina Snyder disagreed.

With jurisdiction over criminal, civil, and family matters, the Superior Court of Justice is integral to delivering justice to all Ontarians.

Indeed, some commentators consider that only the subject matter jurisdiction of the arbitral tribunal is a «matter» within the meaning of article V (1)(c), as opposed to the arbitral tribunal's jurisdiction over a particular party.821

Secondly, we have noted the call on Judges of the FCT High Court to be circumspect in deciding whether it is wise and correct to exercise jurisdiction over matters outside the FCT.

«Matters» has broadly been defined in two ways: first, as the subject matter over which the arbitral tribunal has jurisdiction pursuant to the arbitration agreement; and second, in some jurisdictions, as the personal jurisdiction over one of the parties addressed in the award.

[77] In summary, the Chinese Court had jurisdiction over the matter which is the subject of the foreign judgment, the foreign judgment is final and conclusive, and there is no valid defence.

Their validity in prenuptial agreements that preclude the jurisdiction of Japanese courts will likely be upheld if the matter in question is not within the exclusive jurisdiction of the Japanese courts, and if the court designated by the agreement would have jurisdiction over the matter in question, independently, under the law applicable in that forum.

The government of Quebec, however, has said it will appeal the decision because the right to die is not a criminal issue but a health matter, over which the province of Quebec has jurisdiction.

He argued that a division of powers between federal and provincial governments had already been established and that, in essence, the Council of Ministers would have authority over matters of provincial jurisdiction.

I hereby assert special jurisdiction over the subject matter below under rule 3 of the Rules of LBW Procedure.

Where an inquiry committee of a college under the BC Health Professions Act summarily dismisses a complaint, on the basis the college lacks jurisdiction over the subject matter of the complaint (e.g., a financial dispute between the parties), the Health...

David R. Brewer Attorney at Law, PLLC appears for clients in a wide variety of matters over which the Texas Probate and Family Courts have jurisdiction.

According to the report's authors, the ECJ would no longer have jurisdiction to interpret rights derived from EU citizenship in the UK and a deal could be struck to confirm UK sovereignty over internal market and customs union matters and to define clearly the status of ECJ rulings in those areas.

Today, the Cairo Court of Appeal, which has exclusive jurisdiction over international commercial arbitration matters, and the Cairo Regional Centre for International Commercial Arbitration (CRCICA) are two key players in the development of Cairo as a dispute resolution hub.

Dispute resolution law revolves around resolving disputes in and out of court, from divorces to evictions, and from partnerships to breach of contract, but also on much larger matters than span over several jurisdictions and cover several parties.

In that regard, the CRT has had jurisdiction over a number strata property matters since the fall of 2016.

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.

The matter came before Mrs Justice Hogg between 29 - 31 July 2014 and it was held that the English Court could not exercise jurisdiction over B as she was not habitually resident here from the date of her removal to Pakistan.

The court granted mother's motion to dismiss finding that it was appropriate for the court to decline continuing jurisdiction over this matter because mother and the children no longer had a significant connection with the State of New Hampshire.

The Committee is convinced that the time has come when important changes and solutions can be implemented only if a Family Court is created with original exclusive jurisdiction over the entire field of matters affecting the family.

Canadian courts have recognized that labour relations are presumptively a provincial matter, and that the federal government has jurisdiction over labour relations only by way of exception.

However, the third paragraph of recital 12 complicates matters as it provides that where a member state court exercising jurisdiction under the Brussels I (recast) or national law has determined that an arbitration agreement is null and void, inoperative or incapable of being performed, the court's judgment on the substance of the matter can be recognised or enforced in accordance with Brussels I (recast)(although this is expressed as without prejudice to the competence of member state courts to decide on recognition and enforcement of arbitral awards in accorded with the New York Convention which «takes precedence over» Brussels I (recast)-RRB-.

Attendees of the program met and heard from sitting justices and court officials, who described the Land Court's purpose — its jurisdiction, the matters it presides over, and its methods, procedures, and resources — and the current state of the Court and its cases and workload.

Attendees met and heard from sitting justices and court officials, who described the Land Court's purpose — its jurisdiction, the matters it presides over, and its methods, procedures, and resources — and the current state of the Court and its cases and workload.

The Class Action Fairness Act of 2005 (CAFA) greatly expanded the federal courts» jurisdiction over class actions by relaxing the requirements for federal subject matter jurisdiction.

(3) A judge presiding over the Family Court may, on motion, order that a proceeding commenced in the Family Court be transferred to the appropriate court in a place where the Family Court does not have jurisdiction if, in the judge's opinion, the preponderance of convenience favours having the matter dealt with by that court in that place.

Brott v United States 858 F3d 425 (6th Cir 2017)(Amici Curiae National Federation of Independent Business, Cato Institute and Southeastern Legal Foundation)(rejecting claim that property owners were entitled to jury trial in an Article III court because Congress permitted to bestow exclusive subject matter jurisdiction over takings claims seeking more than $ 10,000 in the Court of Federal Claims)

And, indeed, from 1 June 2017, the tribunal has had small claims jurisdiction over most matters to a value of $ CAN5, 000 (# 3044).

2012), addresses the important international practice question of whether activity by a non-U.S. sovereign satisfies the «commercial activity» exclusion to the application of the Foreign Sovereign Immunities Act, thus permitting the federal courts to exercise subject matter jurisdiction over a matter.

An objection to jurisdiction on the ground of exemption from the process of the court in which the suit is brought, or the manner in which a defendant is brought into it, is waived by appearance and pleading to issue, but when the objection goes to the power of the court over the parties or the subject matter, the defendant need not, for he can not, give the plaintiff a better writ.

As a denial of jurisdiction over the subject matter of a suit between parties within the realm, over which and whom the court has power to act, can not be successful in an English court of general jurisdiction, a motion like the present could not be sustained consistently with the principles of its constitution.

The Court of Queen's Bench of Alberta has sole jurisdiction over divorce and the division of property in the Province of Alberta, and presides over matters involving child and spousal support and child custody and access.

The courts of a Member State shall have jurisdiction in matters of parental responsibility over a child who is habitually resident in that Member State at the time the court is seised.

-- A Federal district court has original subject matter jurisdiction over matters involving citizens of different states and the amount in controversy exceeds $ 75,000.

As per counsel's interpretation of Dunsmuir v New Brunswick, 2008 SCC 9 (CanLII), Alberta (Information and Privacy Commissioner) v Alberta Teachers» Association, 2011 SCC 61 (CanLII) and Newfoundland and Labrador Nurses» Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62 (CanLII), where a tribunal is asked to determine its own jurisdiction over a matter (and interpret its home statute) these determinations are subject to deference on judicial review.

Clearly, a key component of the developments outside the U.S. is the question whether or not the U.S. courts will or will not exercise subject matter jurisdiction over these claims involving foreign investors.

Citing Bastarache J. in Tranchemontagne, the Court of Appeal concluded SHRC does not hold exclusive jurisdiction over human rights matters.