Sentences with phrase «most jurisdictions courts»

In most jurisdictions courts are generous to the state and police, so won't agree to dismiss charges on that basis unless the evidence is extremely sketchy or virtually nonexistent.

Not exact matches

Finally, in most jurisdictions, if the criminal court doesn't compel the perpetrator to make full restitution, the law generally provides that the restitution order may be automatically converted into a civil judgment.

@Anixx But the thing is... in most jurisdictions just wanting to protect your personal interest when they are not a crime doesn't give you the right to remain silent (at least not in court).

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

Moreover, claimants will have to prove that there has been substantial damage to their reputation in the UK, and that the English High Court is the most appropriate jurisdiction for hearing the case.

Christian Mingle must let LGBT singles use dating site after losing court battle — God - loving gay singles have won the right to mingle on the world's most popular Christian dating site — and every other faith - based... treat every person within the jurisdiction as free and equal regardless of sex, race, religion, marital...

This is the procedure in most states; if you find yourself in this situation you should review the Rules of the Court in your jurisdiction or contact an attorney.

In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor.

Judicial review is arguably the single most important jurisdiction that any court exercises, and many of us welcomed the government's defeat last month when the House of Lords voted to ensure that judges kept their discretion as to whether to hear judicial review proceedings.

Although the proposals have limited the substantive remit of such a potential court to citizens» rights, due to this area being the most contentious between the EU and the UK, in principle one could envisage a joint court with jurisdiction over all aspects of the withdrawal agreement.

In most jurisdictions, if you are arrested, you must be brought to court (arraigned) the next day that the court is open, which means that if it is Friday night (the worst case scenario) you might be in a holding cell until Monday morning.

From my cursory review of the coverage, Kerr appears to be right — most news reports are not focusing on the appropriate jurisdiction of courts and Congress.

We have acted in a significant number of the largest and most complex class actions in recent years and have expert understanding of the relevant court rules in different jurisdictions and the basis on which class actions claims can be challenged.

This collection of essays examines the shifting legal landscape of federal claims by foreign plaintiffs in the federal courts and focuses on the most common statutes invoked by foreign plaintiffs, as well as the threshold issues of personal jurisdiction and pleading standards that govern such suits.

Forum shopping denotes a rather reprehensible practice of choosing the most favourable territorial jurisdiction or court in which a matter or cause may be entertained and adjudicated upon.

The Portage County Court of Common Pleas General Division is a court of general jurisdiction, handling criminal and civil cases more than $ 15,000 and appeals from most administrative agenCourt of Common Pleas General Division is a court of general jurisdiction, handling criminal and civil cases more than $ 15,000 and appeals from most administrative agencourt of general jurisdiction, handling criminal and civil cases more than $ 15,000 and appeals from most administrative agencies.

The U.S. Chamber filed an amicus brief asking the Colorado Supreme Court to reverse a lower court decision that misreads the U.S. Supreme Court's personal jurisdiction precedents, most importantly J. McIntyre Machinery v. NicaCourt to reverse a lower court decision that misreads the U.S. Supreme Court's personal jurisdiction precedents, most importantly J. McIntyre Machinery v. Nicacourt decision that misreads the U.S. Supreme Court's personal jurisdiction precedents, most importantly J. McIntyre Machinery v. NicaCourt's personal jurisdiction precedents, most importantly J. McIntyre Machinery v. Nicastro.

As with any personal injury claim under English Jurisdiction, in most cases, you have three years from the date of an accident to have either settled a claim with the tour operator or to have issued court proceedings against them.

Though certain jurisdictions provide a right to counsel under limited circumstances, in most of these cases, people who can not afford a lawyer will have no choice but to go to court alone.

The appellants brought a motion to stay the proceedings, arguing that the Ontario court did not have the requisite jurisdiction or in the alternative, should decline jurisdiction on the grounds that Ontario is not the most convenient forum for the proceedings.

Importantly, the Court stated that its jurisdiction is not to review the arbitrator's decision on the merits, or to determine whether the punishment was the most appropriate.

«The power of the Internet, most people would agree, is awesome, but has it done what the federal courts may no longer have jurisdiction to do — helped to free a possibly innocent man held at Guantanamo Bay?

In what is certainly the most significant decision regarding the court's ability to award costs against non-parties in over 45 years, the Ontario Court of Appeal has clarified the source of the court's jurisdiction to award costs against non-parties and the applicable tests to be appcourt's ability to award costs against non-parties in over 45 years, the Ontario Court of Appeal has clarified the source of the court's jurisdiction to award costs against non-parties and the applicable tests to be appCourt of Appeal has clarified the source of the court's jurisdiction to award costs against non-parties and the applicable tests to be appcourt's jurisdiction to award costs against non-parties and the applicable tests to be applied.

Most legal readers will find the Court's conundrum familiar: how can courts parlay their analog powers of injunctive relief (censorship) in a digital era where agents and assets skirt effortlessly around jurisdiction and where technology offers an endless bag of tricks to make a mockery of any court's stuffy imprimCourt's conundrum familiar: how can courts parlay their analog powers of injunctive relief (censorship) in a digital era where agents and assets skirt effortlessly around jurisdiction and where technology offers an endless bag of tricks to make a mockery of any court's stuffy imprimcourt's stuffy imprimatur?

The ECJ could not remain indifferent to the global trend to widen the category of crimes that «should not go unpunished», according to recent International Criminal Court (ICC) guidelines (see Policy Paper on Case Selection and Prioritisation of the Office of the Prosecutor, 15 September 2016), and therefore consider «serious» financial crimes as crimes against human rights, with the primary objective of ensuring «jointly with the relevant national jurisdictions, that the most serious crimes committed in each situation do not go unpunished» (ICC, Policy Paper, para. 1 (8)-RRB-, through the implementation of «effective» measures.

Article III, Section 2, Clause 3 of the Constitution says that most of the the Supreme Court's jurisdiction must be exercised «under such Regulations as the Congress shall make.»

Most Canadian jurisdictions (except PEI and the Territories) have Class Actions statutes and our courts are increasingly having to deal with the complex issues that class litigation presents.

General Rules Operationally, the limitations imposed by the court rules of the court where a lawsuit is pending governing subpoenas (Federal Rule of Civil Procedure 45 in federal civil lawsuits and similar rules in most state court sytems) are more restrictive than the limitations imposed on jurisdiction in civil lawsuits generally by the due process...

Contrary to most European civil law systems, clients of solicitors and barristers in England and Wales are protected by a fundamental right to withhold confidential communications with their lawyer from the court, as an exception to onerous obligations of disclosure not seen in civil law jurisdictions.

A small number of the most serious indictable offences — including murder and treason — are exclusively within the jurisdiction of the Superior Court and will normally be tried with a jury.

The most important thing to note at the outset is that Alberta courts generally exercise the concept of «comity», which is defined as the recognition by one jurisdiction's court of the judgments and orders of another.

During 2013 she conducted a seminar at The Cape Law Society on jurisdiction races and the most effective court to use to ensure the best financial result possible.

In most jurisdictions, you would need to file a motion with the court asking for those documents to be placed under seal.

Existing statutory limits on federal court jurisdiction limit the jurisdiction of the U.S. District Courts in most cases of cases to cases in which a state court in the state where the U.S. District Court is located would have either general jurisdiction or specific jurisdiction of the defendant (without regard to the fact that the case might be within the exclusive jurisdiction of the federal courts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum stcourt jurisdiction limit the jurisdiction of the U.S. District Courts in most cases of cases to cases in which a state court in the state where the U.S. District Court is located would have either general jurisdiction or specific jurisdiction of the defendant (without regard to the fact that the case might be within the exclusive jurisdiction of the federal courts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum sCourts in most cases of cases to cases in which a state court in the state where the U.S. District Court is located would have either general jurisdiction or specific jurisdiction of the defendant (without regard to the fact that the case might be within the exclusive jurisdiction of the federal courts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum stcourt in the state where the U.S. District Court is located would have either general jurisdiction or specific jurisdiction of the defendant (without regard to the fact that the case might be within the exclusive jurisdiction of the federal courts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum stCourt is located would have either general jurisdiction or specific jurisdiction of the defendant (without regard to the fact that the case might be within the exclusive jurisdiction of the federal courts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum scourts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum state).

One fact that the court is required to consider in determining an appeal made to the forum bar is any belief held by the prosecutor, in this case the CPS, that the UK would not be the most appropriate jurisdiction in which to prosecute the defendant.

I understand the constitutional, financial and practical reasons for the courts» existence, but most litigants without counsel are justifiably flummoxed by the parallel existence of courts with different rules, different forms, different jurisdiction and different fee structures.

AG Bobek further points out, and thereby strengthening his arguments to limit the possible places of jurisdiction to two, that if 28 courts in as many Member States could be competent to hear the case for the respective damage caused in these Member States, all these courts could also order injunctions, which would most likely differ in nature and scope, and might, even worse, be contradictory (para. 130).

Actually, two of the most striking things about the current situation seem to me (by comparison with recent history) the convergence of interest by people and institutions traditionally separate within jurisdictions (e.g. inhabiting the worlds of PLE, legal aid, self represented litigants) and the degree of international linking helped by HiiL's entrepreneurialism (you can go to few countries in the world and not find that they have been there the week before) but also exampled by links the licensing of material from the Justice Education Society of British Columbia by California courts.

At most, they could take you to civil court, if you are in their jurisdiction.

Most states have at least 2 levels of trial court, with a civil jurisdiction amount dividing them.

It has a maximum jurisdiction of $ 15,000.00 (that is the most that can be awarded in this Court) When you go to the clerk's office for the County where the Defendant lives, you will receive a form to fill out that will become the «Complaint.»

Since most distribution agreements are between parties in different jurisdictions, or across borders, questions arise as to the proper law governing the contract or issues arising, and which court has jurisdiction over the dispute and the parties.

Re Buccament Bay Resort Ltd; Re Harlequin Property (SVG) Ltd [2014] EWHC 3130 (Ch) Successfully resisted winding - up petitions presented in the English court against SVG companies on the basis that the English court had no jurisdiction where, among other things, most of the companies» assets were in a foreign jurisdiction and the order might prove ineffective (led by Ceri Bryant QC).

Most tribunal jurisdictions will transfer into the new two - tier tribunal structure in phases from this week — implementing a key part of the Tribunals, Courts and Enforcement Act 2007.

Canadian administrative law is different in many ways from that of other Commonwealth jurisdictions, but on one question it (for the most part) clings doggedly to an old mantra: procedural questions are for the courts alone to decide, without any deference to decision - makers.

The ruling significantly curtails interstate forum shopping by plaintiffs» lawyers seeking to file hundreds of individual civil actions and class actions in the most liberal state court jurisdictions in the US.

He has worked on some of the firm's major cases, perhaps most notably, as part of a team led by partner Babatunde Fagbohunlu in Statoil v NNPC, which clarified Nigerian courts» absence of jurisdiction to issue anti-arbitration injunctions.

In October 2011, a decree of His Highness Sheikh Mohammed bin Rashid Al Maktoum, Prime Minister of the UAE and Ruler of Dubai, opened the DIFC Courts» jurisdiction to businesses from all across the GCC region and beyond to provide the international business community with access to one of the most advanced commercial courts in the Courts» jurisdiction to businesses from all across the GCC region and beyond to provide the international business community with access to one of the most advanced commercial courts in the courts in the world.

Jon has tried a number of cases in state and federal courts including jury and bench trials in many of the most difficult Texas jurisdictions.

In this latter case, the Court considered the operation of such principles in other common law jurisdictions and held that it was open to it to apply whatever forum non conveniens principles it considered to be most suitable.