Sentences with phrase «law gives jurisdiction»

Of course, the fact that US law gives jurisdiction is only binding on US law enforcement and US courts.

Not exact matches

In the previous section, I avoided giving my view on whether the SAFT (or something similar to it in another jurisdiction) would be enough to avoid liability under the securities laws.

But in practice, this technical ability has never been a scalable existence given the strech of laws in most jurisdictions relating to financial crime.

The parameters that have accompanied the exemptive relief in these cases appear excessively obstructive to some in the crypto community, and may simply serve to highlight the scope of the jurisdiction of the securities regulators and the difficulties which arise given the application of securities laws.

The suit alleges that the law gives the Ugandans standing to sue Lively for his activities, which had a crucial nexus in the U.S. and therefore come under federal courts» jurisdiction; it also charges that Lively not only advocated bad ideas in an abstract context but helped various Ugandans conceive and manage a campaign of persecution, thus involving himself in a joint criminal enterprise.

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When the UN special rapporteur on extrajudicial, summary, or arbitrary executions made inquiries into drone attacks in 2002, and again in 2005, the U.S. responded by claiming that such incidents do not fall within the jurisdiction of the rapporteur, given that the applicable law is the international law of armed conflict.

State officials say the law gives the executives the option of inviting representatives of school districts, which account for nearly 70 percent of the property tax levy, and other taxing jurisdictions to take part in the process.

Don't forget, in western jurisdictions the legal system is as much about the precedence of prior interpretation and / or application of a given law as much the written law itself.

David Cameron is expected to announce this afternoon that he backs plans for a referendum on giving the Welsh Assembly jurisdiction on law - making powers.

This is necessary to keep the court itself within its proper limits in order to give effect to the supremacy of the law, which appears to be the foundation of the original jurisdiction.»

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Participation, or the rights and obligations of the participant and Bandai Namco in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

The ED could order a state to respond, but if the department elected not to hear an appeal, the complainant could file suit in state court, an odd approach for a federal law to take, given that in our federal system the United States does not define the jurisdiction of state courts.

State law gives the State Board of Education complete jurisdiction over issuance and administration of licenses for supervisors, principals, and teachers.

The ATU was reorganized into the Alcohol and Tobacco Tax Division (ATTD) and given additional jurisdiction for enforcing the weapons laws.

EM currencies are inherently more volatile and subject to risk given they underlie jurisdictions that may be exposed to a less robust rule of law, poor institutions, political instability or corruption, low levels of investment and innovation, lack of private property laws, and / or undeveloped debt and capital markets.

With many jurisdictions reducing resources dedicated to investigating animal crimes, the new law gives local residents a new way to take action themselves.

The content and materials contained in this website are to be construed in accordance with and governed by the internal laws of the State of New York (as permitted by Section 5 - 1401 of the New York General Obligations Law or any similar successor provision), without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the partiLaw or any similar successor provision), without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the partilaw rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of New York to the rights and duties of the parties.

And case law in other jurisdictions gives Sedona Canada comparable authority in regulating electronic discovery proceedings.

Details vary by jurisdiction but, in general, a treaty negotiated by the executive branch would usually require ratification by the legislature to give it effect under domestic law.

A Qualified Lawyer is a professional who is licensed to practice law by an approved regulator of legal services in a given jurisdiction.

The opinion recites four considerations that would tend to establish an ethical duty for a lawyer to warn the client against using a business device or system for electronic communication: Where the client has already communicated by electronic means or has indicated an intention to do so; where the client is employed in a position that would provide access to a workplace device or system; given the circumstances, the employer or a third party has the ability to access the email communications and; that as far as the lawyer knows, the employer's internal policy and the jurisdiction's laws do not clearly protect the privacy of the employee's personal email communications via a business device or system.

The ICS will include an appeal mechanism, giving the tribunal appellate jurisdiction over (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law; and (c) the grounds set out in Article 52 (1) of the ICSID Convention, such as the presence of corruption or a serious departure from the fundamental rules of procedure.

Time will tell if Ontario courts will also begin to hold drivers responsible for vehicles that are ill equipped for winter weather; however, given the recent case law and in light of the recent legislative changes, it appears likely that courts will begin holding drivers responsible, especially in the more remote and northerly jurisdictions in Ontario.

Section 35 of the Constitution Act, 1982, does not, as held by the Court, give to the courts the jurisdiction to expropriate indigenous sovereignty in contravention of the previously settled constitutional law.

The law societies do not give sufficient importance to the interactions among: (1) the problem and its consequences — the thousands of people whose lives have been damaged for lack of affordable legal services provided by competent lawyers; (2) the power of the internet, the social media, and the news media together, to make those consequences into a public and political issue so quickly that there will not be time for the law societies to publish a persuasive response, and which issue will compel government intervention by way of programs on the way to socialized law; (3) the fact that self - regulation of the legal profession has been lost by the law societies in several jurisdictions of the common law world and the U.S; [7] and, (4) the fact that the consequences of the unavailability of legal services at reasonable cost will motivate the many non-lawyer legal service providers to offer legal services that should be provided by lawyers, to people desperate for a lawyer's services that they can not afford.

The Faculty of Law at the University of British Columbia has concluded an agreement with their counterpart at the University of Hong Kong to offer a joint program that will give their graduates the opportunity to practice in both jurisdictions.

«The basic principles by which the Regulation allocates jurisdiction, giving priority (subject to exceptions) to the domicile of the defendant, are entirely unsuited to arbitration, in which the situs and governing law are generally chosen by the parties on grounds of neutrality, availability of legal services and the unobtrusive effectiveness of the supervisory jurisdiction.

As Cathy Kirkman reports today at Silicon Valley Media Law, a California appeals court issued a decision holding that the Florida dealer's «worldwide» Internet advertising was not enough to give California courts jurisdiction.

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.

Some countries may recognise common law trademark rights based on the use of a mark, while other jurisdictions give priority to the first party to file a trademark application, regardless of use.

She said the case law of other jurisdictions was not helpful given the clear statements on the law.

«In IP law, the fact you found your working materials in a particular jurisdiction doesn't give those people rights.

The issue is not jurisdiction, is the territorial application given to the law.

The decision to assign a strategy memo, rather than a full blown brief, 119 more realistically justified why the students should analyze Canadian law but still led them to look at both the Convention on child abduction and the Uniform Child Custody Jurisdiction and Enforcement Act.120 It also gave them some experience in a different style of writing than either the formal office memo of the first semester or the full blown brief they do later in the spring.

In general, on this site, you should always use a tag giving the jurisdiction, as well as other tags describing the specific area of law relating to your question.

The jurisdiction of the Court was thus given because the questions referred concerned the «implementation» of EU law (para 27).

For all of which reasons, of the multitude of cases published in print or electronically in any jurisdiction, the law reports of that jurisdiction should contain the best available law, and a citation to the law report series should signal an indication of selectivity and quality to assist a court or other party in deciding on the law on any given point.

If the measure is one which has no equivalent in the law of the requested state — the Explanatory Report gives an example of a public law measure — then the requested state may adapt it to fit what it can achieve or may need to exercise its own substantive jurisdiction (assuming a change of habitual residence).

Given recent developments in Canada (in particular the Quebec legislation and the Supreme Court of Canada decision in Carter there are lessons from Canada for those seeking law reform in common law jurisdictions.

As it is the federal executive that is endowed with treaty making power, a monist structure would allow the executive to unilaterally make domestic law without parliamentary oversight, and to give effect to treaties encroaching upon provincial jurisdiction without provincial consent or participation.

Your school may also have conditions of entry that include, or be in a jurisdiction with laws that specifically allow, search of student persons and their property under some given circumstances.

I am persuaded by the defendants» submissions that assuming without deciding that Al - Bakkal may have a cause of action as a pure matter of law, the concurrent jurisdiction of this court ought not be exercised given what I see in the circumstances is the required deference to the university's appeal mechanism.

The proposal does not deal with the public law aspects of the enforcement of antitrust rules in the Member States of the European Union, nor does it give rules on jurisdiction and applicable law in this respect.

International counsel collaborate with local counsel in each jurisdiction and offer a critical overview and understanding of the «big picture» of an international family law case that local counsel can rarely give, so as to provide coordinated, coherent and effective advice to clients.

Given that the DIFC Courts» jurisdiction is expressed to be exclusive under Article 5 of Dubai Law No. 12 of 2004, it remains to be seen if other Courts in the region would stay any proceedings brought before it while awaiting the DIFC Courts» decision on the jurisdiction issue, or if the DIFC Courts would voluntarily stay their exclusive jurisdiction in favour of another Court.

I can see no basis for any such contention as a matter of substantive law, given the nature of the jurisdiction of the CFI as set out above.

651, includes some persons who, by the law of war, were, prior to 1916, triable by military commission, it was feared by the proponents of the 1916 legislation that, in the absence of a saving provision, the authority given by Articles 12, 13, and 14 to try such persons before courts - martial might be construed to deprive the nonstatutory military commission of a portion of what was considered to be its traditional jurisdiction.

Lex Machina's analytics platform focuses on several specific areas of law, giving counsel a wealth of information for researching a jurisdiction (additional databases on more areas of law will be coming soon).

During the 1980s, more and more counsel were electing to have matters tried in Provincial Court because the Court was building its expertise in criminal law and changes in legislation were giving the provincial courts in Canada increased jurisdiction in Criminal Code matters.»