Sentences with phrase «jurisdictional law»

Offshore outsourcing also involves the risk of potential applicability of foreign jurisdictional law to the outsourced activities.

Fortunately, the demand by the legal profession for more cases on subjects that were neglected by jurisdictional law reports, and the demand for cases organized organized on a topical basis, was so great that topical law reports were an instant commercial and critical success.

Topical law reports exists because of the demand for cases that the editors of jurisdictional law reports believed to be C or even D cases.

Spouses who are desperate to be freed from the bonds of matrimony (just so that they become so bound once again) need no longer move from New York to the New Jersey shore for a year in order to satisfy the New Jersey jurisdictional law.

However, take away the analysis and the commentary and publishers of law reports are, in my view, still providing value added — especially in the jurisdictional law reports such as the DLRs — simply by virtue of selecting which cases to publish.

This article discusses jurisdictional law in Switzerland, and nothing there indicates that there is any immunity conferred by wrong - doing in an ISO building.

All of our attorneys have access to an internal, electronic asbestos reference database that stores medical journals / articles, past expert depositions, jury selection information, naval documents and jurisdictional law, among other resource material.

Not exact matches

Religious liberty scholar and law professor Thomas Berg told CT he didn't «have a strong feeling whether the church - autonomy exception, or the ministerial exception, should be technically jurisdictional.»

And yet in the jurisdictional struggle between church courts and common law courts Coke not only claimed the latter's superiority but justified the claim by reference to common law tradition.20 In so doing he effectively sided with Puritanism in its struggle against Anglican traditionalism.

They administered the finances and properties of the churches and exercised all jurisdictional authority, especially with respect to marriage laws and customs.

Dr Zanetor's lawyer, Godwin Tamakloe, had argued the trial judge erred in law when he wrongfully assumed the jurisdictional role to interpreter Article 94 (1)(a) of the 1992 Constitution.

• Article 95.2, that points the competence of the High Court to unify doctrine, the Constitutional court clarifies that this competence doesn't limit the possibility to be regulated for the Organic Law about Power of Attorney to regulate that in every historic moment the jurisdictional function is up to the High Court, and therefore what is pointed in the autonomy statute is not qualification.

But Astorino said there may be jurisdictional issues when it comes to the violation of state law.

Part of the dispute is jurisdictional — the Assembly version amends environmental conservation law, the Senate bill changes general business law.

The university police are declared to be law enforcement officers of the state and conservators of the peace and have the right to arrest, in accordance with the laws of this state, any person for violation of state law or applicable county or city ordinances when such violations occur on or within 1,000 feet of any property or facilities that are under the guidance, supervision, regulation, or control of the state university, a direct - support organization of such university, or any other organization controlled by the state university, or when such violations occur within a specified jurisdictional area as agreed upon in a mutual aid agreement entered into with a law enforcement agency pursuant to s. 23.1225 (1).

And whereas, this Final Judgment does not constitute any admission by Settling Defendants that the law has been violated or of any issue of fact or law, other than that the jurisdictional facts as alleged in the Complaint are true;

Furthermore, it is already a settled principle in international law that polluters should pay for their pollution, that nations should reduce their emissions to prevent dangerous climate change on the basis of «equity,» not national interest, and that nations should prevent their citizens from doing harm to people outside their national jurisdictional boundaries.

With this, the SCC avoids simultaneous talk with the CJEU and facilitates that EU law - related questions have already been solved when proceedings reach the constitutional jurisdictional level, thus dealing with constitutional cases with all cards on the table.

Acting Presiding Justice Bedsworth, writing for a 3 - 0 panel, adhered to the the law indicating that costs memo time limitations are not jurisdictional and to case law where courts indeed had treated prematurely filed cost bills as timely.

The «standard of correctness» is used in respect of jurisdictional and other questions of law.

The Supreme Court of Canada has been feverishly productive in the field of administrative law since the Fall of 2011, rendering decisions on standard of review (questions of law, jurisdictional error and labour arbitrators), the right to reasons, issue estoppel, attempts to pre-empt the administrative decision - making process, and review of municipal by - laws.

The pleas of state immunity fail, as the interests or activities covered by the UN Convention on Jurisdictional Immunities of States and their Property 2004, art 6 (2)(b) do not include reputational damage suffered by foreign states if it is proven that foreign officials acted contrary to their own laws.

David has extensive experience of jurisdictional and choice of law issues under both the common law and European regimes.

But there is a distinction to be made between geographical subclasses for Literature or History and jurisdictional subclasses for Law.

Before Midas came along, one would have thought the absence of any such specific reference to the Act, coupled with the jurisdictional limits contained within the legislation itself, would preclude its automatic application to a relationship that falls outside those limits, despite the parties having chosen Ontario law as the governing law.

The Court of Appeal affirmed the motion judge's ruling that, by choosing Ontario law as the governing law, the parties imported the obligations under the Act but not the jurisdictional limit contained within the Act.

He will discuss collective bargaining, jurisdictional disputes, strikes and picketing, prevailing wages and other labor law issues related to the construction industry.

Most Ontario laws, from the Accessibility for Ontarians with Disabilities Act, 2005 to the Workplace Safety and Insurance Act, 1997, contain jurisdictional limits on their application, for example, to persons with disabilities or workplaces located within Ontario.

For example, works on American corporate law are classed under the number KF 1414, while works from other common law jurisdictions are classed under KF 1415, with an added jurisdictional cutter number of ZA2 for Canada, ZC2 for Great Britain, ZD2 for Australia, etc..

Under conflict of laws analysis, choice of forum and choice of law are conceptually distinct; albeit the latter is one, among a number of factors in the jurisdictional analysis for consent - based jurisdiction (the «strong cause» test) and the discretionary forum non conveniens test.

The case of USA v Nolan tackles an important jurisdictional point within employment law, says John McMullen

The case law describing the range of circumstances invoked by open - ended lists of factors and interpreting phrases such as «undue hardship,» and similar idiomatic expressions such as «unless the court otherwise orders» and «unless it would be inappropriate,» must be consulted to properly understand the law, creating a significant barrier to justice for people not trained in legal research and the jurisdictional nuances of stare decisis.

The decision states that while court hearing fees are permissible in principle, those that present «undue hardship» to litigants, such that they are discouraged from accessing the court system, violate core jurisdictional principles within the Constitution: «The historic task of the superior courts is to resolve disputes between individuals and decide questions of private and public law.

One can attach the label «jurisdictional error» to this list, but the contents of the list are of greater practical importance: hence the emergence shortly afterwards of Lord Diplock's GCHQ typology of legality, rationality and procedural propriety; * and the notion that public law is concerned with controlling «abuse of power».

Anisminic is generally held as establishing the centrality of jurisdictional error in English administrative law.

172, 174 (2006)(describing the McGill curriculum, which «seeks to incorporate transnationalism into the curriculum by freeing the study of law from jurisdictional or systemic boundaries»).

Hilary is also a leader in federal Indian law in tribal selfdetermination and economic development, including Indian gaming and protection of tribal jurisdictional interests and treaty rights.

First, the demise of the distinction between jurisdictional and non-jurisdictional error of law, along with the eradication in Ridge v Baldwin of the distinction between quasi-judicial and administrative decisions, paved the way for the development of a unified set of principles — of legality, rationality and procedural propriety — of judicial review of administrative action.

He is also regularly involved in multi-jurisdictional disputes, involving complex jurisdictional issues or concurrent foreign proceedings or where the substantive law of the English proceedings is not English law.

There is no clear correlation between these jurisdictional clauses and provisions on applicable law in the relevant treaties.

Civil lawsuit trials can be conducted in a state other than the state where the breach of contract or tort giving rise to the lawsuit took place for jurisdictional purposes and not infrequently is brought in another state, although constitutional choice of law rules limit the circumstances under which a particular state's laws can be applied to a particular set of circumstances in a lawsuit.)

Sometimes these issues are framed not as «jurisdictional» per se, but as «conflict of law» questions limited by the constitution.

The speech of Lord Collins touches on a number of important jurisdictional topics, including the correct test to be applied when a foreign legal system is alleged to be corrupt and the «justiciability» of that issue under English and Manx law, as well as the circumstances in which an English or Manx Court will decline to recognise an improperly obtained foreign judgment.

The use of this technology is increasingly being considered for use in almost every legal area, from insurance matters to securities law, oftentimes without legal advice on the jurisdictional, liability, privacy, or enforceability issues that may be involved in using these technologies.

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.

In summary, as the analysis will be subsequently focus on the jurisdictional question, the AG favours a more or less full protection of a company's personality rights under Article 16 and 17 of the EU Charter (paras 41 - 51) but also stresses that companies enjoy certain rights under national statutory law, which is why the question does not require addressing in the first place (paras 52 - 60).

Leppard highlighted that one of the problems with detecting cybercrime is that much of the instigation of the offence takes place overseas and as a result the law provides the police with very little to overcome the jurisdictional problems.

New jurisdictional and topical law reports, combined with dramatic increases in the number of cases published in the established law report series, overwhelmed both the legal research community and the Canadian Abridgment.

In the pre-Internet era, it was the private sector that created the needed jurisdictional and topical law reports.

The jurisdictional basis of the case is the compromissory clause in the Pact of Bogota, and the cases raises issues of international watercourses and environmental law.