Sentences with phrase «matter jurisdiction over the case»

The appellate court explained that if the City had sovereign immunity from suit, the lower court would not have subject matter jurisdiction over the case.

Not exact matches

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.»

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

All too often lawyers mistakenly assume that the federal courts have jurisdiction over Indian matters only to have the case dismissed.

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.

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.

Jurisdiction Circuit courts have general trial jurisdiction over matters not assigned by statute to the county courts and also hear appeals from county Jurisdiction Circuit courts have general trial jurisdiction over matters not assigned by statute to the county courts and also hear appeals from county jurisdiction over matters not assigned by statute to the county courts and also hear appeals from county court cases.

Class action legislation does not confer subject - matter jurisdiction on the Superior Court over cases that would not normally fall within its reach, the court emphasized.

A federal court has jurisdiction over a matter if there is a federal question or if it is a diversity of citizenship case.

The defendants removed the case to the U.S. District Court for the Southern District of Indiana on October 10, 2012, citing that court's subject matter jurisdiction over the plaintiffs» constitutional claims.

However, in this case, the question is not the administrative body's jurisdiction under its governing statute; rather, the question is a classic federalism question pitting a regulator's authority on environmental matters under provincial jurisdiction against the federal government's jurisdiction over bankruptcy.

Since the Board has exclusive jurisdiction over the subject - matter of the case, the Occupiers» Liability Act does not apply.

Justice Mactavish retained her jurisdiction over the matter and will hear the case again if the Ministers fail to meet their duties with regard to these four species.

In case the insured / policy holder is not satisfied with decision / resolution of the company, they may approach the Insurance Ombudsman of their state or an appropriate judicial / quasi - judicial authority having jurisdiction over the matter for redressal of your grievance.

It should include your name, your spouse's name, the name of the court that has jurisdiction over your matter, and your docket or case number.