Sentences with phrase «not jurisdiction of the case»

But when such treaties are found containing stipulations proper for judicial cognizance, I am unable to discover any reasons satisfying my mind that this Court has not jurisdiction of the case.

Not exact matches

At the opening of the trial in Rome, the U.S. investment bank the other defendants asked a three - judge panel at the Court of Accounts, which rules on abuses of public funds, to reject the case in an acknowledgement that the judges do not have jurisdiction, Marco Fratini, one of the judges, said.

Who hires content marketers at most companies depends on who has the highest level of expertise on the subject, but in many cases, falls under the jurisdiction of the CEO / founder if there aren't others specializing in content at the organization.

Lively, with representation by Liberty Counsel (an evangelical legal organization), responded that in both the U.S. and Uganda he exercised constitutionally protected speech rights; that he opposes violence and neither committed nor plotted any; that Uganda did not in fact pass a proposed draconian anti-gay law, and that in any case Uganda's political institutions, instead of himself, are responsible for its political decisions; and that the court lacks jurisdiction and the plaintiffs lack standing.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES.

«I observe with particular pleasure the view you have taken of the immunity of Religion from civil jurisdiction, in every case where it does not trespass on private rights or the public peace.

She held that Rebit's case was not one of jurisdiction, but of his constitutional right to religious freedom.

When they are applied to jurisdictions I happen to be unfamiliar with, I can't always say how wrong they are — but in the case of Lega I know that they are verging on outright lies.

Many of the cases failed to move forward because Baylor had erroneously determined it lacked jurisdiction, if an incident occurred off campus, or because it determined through an incomplete or inaccurate investigation that there was not a preponderance of evidence.

Although standardized guidelines for conducting thorough case investigations have been developed, 6 these guidelines have not been uniformly adopted across the more than 2000 US medical examiner and coroner jurisdictions.7 Information from emergency responders, scene investigators, and caregiver interviews can provide additional evidence to assist death certifiers (ie, medical examiners and coroners) in accurately determining the cause of death.

A few days later, Judge Teori Zavascki, who oversees the Car Wash Operation at the Supreme Court, took over the case involving Lula from Moro and demanded an explanation of why he had released taped phone calls involving Rousseff and other ministers (who can not be judged by lower jurisdictions without authorisation from the highest court).

Contrary to expectations, it falls under the jurisdiction of the state, not the city, a situation that has allowed the mayor and the governor — in this case Bill de Blasio and Andrew Cuomo, Democrats who don't particularly get along — to blame each other when something goes wrong.

@Anixx When you are a witness in a criminal case, you claim you don't remember anything and a court finds that to be very unlikely, it can bring you in trouble for obstruction of justice in some jurisdictions.

A defense force established under this section may be used within the jurisdiction concerned, as its chief executive (or commanding general in the case of the District of Columbia) considers necessary, but it may not be called, ordered, or drafted into the armed forces.

(c) And also for * submissions based on the assertion that Mr. Woyome had no contract with the Government of Ghana * and therefore had no valid claims against the Government be determined by the High Court, and not by this Court (the Supreme Court), since they do not involve, according to the relevant case law, the interpretation and enforcement of the Constitution and do not therefore fall within the ambit of the Court's original jurisdiction under Article 130 (1) of the 1992 Constitution.

[1]- «In most jurisdictions in the United States, the statute of limitations for actions in replevin ranges from two to six years.23 Similarly, in the United Kingdom, actions to reclaim personal property expire after six years24» - «THE THIRD TIME IS NOT ALWAYS A CHARM: THE TROUBLESOME LEGACY OF A DUTCH ART DEALER - THE LIMITATION AND ACT OF STATE DEFENSES IN LOOTED ART CASES» by BERT DEMARSof limitations for actions in replevin ranges from two to six years.23 Similarly, in the United Kingdom, actions to reclaim personal property expire after six years24» - «THE THIRD TIME IS NOT ALWAYS A CHARM: THE TROUBLESOME LEGACY OF A DUTCH ART DEALER - THE LIMITATION AND ACT OF STATE DEFENSES IN LOOTED ART CASES» by BERT DEMARSOF A DUTCH ART DEALER - THE LIMITATION AND ACT OF STATE DEFENSES IN LOOTED ART CASES» by BERT DEMARSOF STATE DEFENSES IN LOOTED ART CASES» by BERT DEMARSIN

All States may participate in and permit, provided that the Security Council decides in advance on a case - by - case basis to approve: the supply, sale or transfer directly or indirectly from or through their territories, or by their nationals or individuals subject to their jurisdiction, or using their flag vessels or aircraft, and whether or not originating in their territories, to Iran, or for the use in or benefit of Iran, of any battle tanks, armoured combat vehicles, large caliber artillery systems, combat aircraft, attack helicopters, warships, missiles or missile systems, as defined for the purpose of the United Nations Register of Conventional Arms, or related materiel, including spare parts, and the provision to Iran by their nationals or from or through their territories of technical training, financial resources or services, advice, other services or assistance related to the supply, sale, transfer, manufacture, maintenance, or use of arms and related materiel described in this subparagraph.

«So, I really feel that in this case the mayor's remarks were inappropriate... We are not going to raise the tension... of a dangerous situation with any kind of rhetoric, and certainly those who are not responsible — it's not their jurisdiction here — as a caution to them, they may not understand how serious this situation is.»

I have no idea where the CJ would get the authority not just to reach down and expedite a pending appeal but to order that cases in varying states of disarray (and maybe some have not even been filed yet) resolved at the trial level and the first appellate level and brought up to the Court of Appeals, IF the top court even has jurisdiction over each distinct dispute, within a fixed time.

He described the application leading to the interim forfeiture order as an abuse of court processes, contending that Justice Anka ought not to have made the order because, according to him, the judge did not have jurisdiction to entertain the case.

But the Supreme Court, in making a determination on a similar application filed by Woyome for stay of proceedings pending the final outcome of the case before the African Court, argued that there was no real factual and legal basis for it to share its powers and jurisdiction with any other court, and so it can not be compelled to halt the ongoing proceedings.

He however said the case being in a court of competent jurisdiction, he prefers not making further statements on it.

The Magistrate said it could not hear the case against the group of persons advocating for the secession because it is outside its jurisdiction.

Almost immediately, Ejiofor seems to believe that the perpetrator was connected to the investigation, but he can't work on the case because it's outside his jurisdiction, and the bureau wants to continue the investigation of terrorism.

This is not only useful for giving you a full insight on your learners» progress but can also serve as a digital record that you have informed your employees of specific regulations and policies in case of litigation (that said, this depends on your jurisdiction, so check with your lawyers).

These sites may not be within the jurisdiction of NYSED and in such cases NYSED is not responsible for its content.

Some restrictions that various versions of BSL impose are: - muzzling and leashing in public - muzzling and leashing in cars - extra-short leash lengths - automatic dangerous or vicious dog designation, without any bite history - banning from city parks and beaches where other breeds are allowed - banning from leash - free parks where other breeds are allowed - banning completely from jurisdiction (although sometimes existing dogs are allowed to stay)- special (i.e., more expensive) licensing and jurisdiction - wide registry - special tags identifying the dog as a restricted dog - mandatory microchipping and photograph - mandatory insurance (often one million dollars) for each individual dog on the premises - mandatory signage indicating the presence of the dog on the owner's property - mandatory secure enclosures (in some cases, mandatory chaining)- mandatory spay / neuter (to eventually eliminate the breed entirely)- higher fines and / or jail time if a restricted breed bites or menaces - fines and / or jail time for any infraction of any provision regarding restricted breeds - age limit for walking the dog in public - persons with criminal records not allowed to own a restricted breed - ability of law enforcement to stop owners on the street just to check the dog's status - ability of law enforcement to seize dogs without proof of wrongdoing - ability of law enforcement to enter an owner's home, with or without a warrant, to investigate and / or seize a dog

Like Volusia County in the Loggerhead Turtle cases, these local governments need to be aware that they could be found in violation of the ESA for allowing the take of endangered species by permitting cat colonies to be maintained, or if their animal control ordinance is deemed not to be specifically intended to protect endangered species from free - roaming cats in their jurisdiction.

«In case of emergencies, rescues need to be immediate, and since wind farms are often located in isolated areas, many jurisdictions do not have the ability or the equipment to respond to these situations,» said Avner Farkash, CEO of SkySaver Rescue Ltd. «With more than 250 fires and hundreds of emergency evacuations from wind turbines each year, we are proud to introduce a cost - effective solution that enables safety managers to send technicians up wind turbines with the necessary tools to evacuate in case of emergency.

Hong Kong is also proud of its judicial independence (it is the leading Asian jurisdiction in this regard, according to the World Economic Forum's Global Competitiveness Report 2017 - 2018), although Mr Justice Fok, Permanent Judge of the Hong Kong Court of Final Court of Appeal, felt driven to provide a strong assertion and defence of the judiciary's independence during the UNCITRAL Asia - Pacific Judicial Summit, following allegations by some commentators that the judiciary had compromised its independence in respect of certain well - publicised cases (not connected with arbitration).

However, the only ground for non-execution that references the jurisdiction of the executing member state is found in Point (3) of Article 4 EAW, which doesn't seem to be applicable in this case.

At paras [19] to [28] he explained the jurisdiction of the court to strike out a case; and explained why strike out was not appropriate here.

Its interesting that the Divisional Court reviewed whether the small claims court deputy judge could use the inherent jurisdiction of the court to extend the two week time limit for withdrawing a ESA, 2000 complaint because the deputy judge hearing my case was convinced that he did not have the inherent jurisdiction to do so.

[T] he original jurisdiction of the Supreme Court, in cases where a State is a party, refers to those cases in which, according to the grant of power made in the preceding clause, jurisdiction might be exercised in consequence of the character of the party, and an original suit might be instituted in any of the federal Courts, not to those cases in which an original suit might not be instituted in a federal Court.

However, in the case named above the Court of Schleswig - Holstein justifies its decision by saying that the level of violence applied by the person subject to the EAW was not strong enough to be considered as «High Treason», referring to German jurisdiction.

However, I have added to the Case Law page on my legal research and writing website a chart of links for accessing Canadian court dockets (and for those jurisdictions who do not provide access, I provide a link to contact the court registry).

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).

The first time I discussed the case with opposing counsel, a partner from a big firm yelled at me and told me something along the lines of «the federal court is going to hate this little case — and they don't even have jurisdiction anyway — we will just move to dismiss on those grounds.»

In this single case, and never since, the Illinois Supreme Court ruled that the protections offered by the Illinois long - arm statute and Illinois due process exceeded those of the federal due process clause under the Fourteenth Amendment, and that for the Illinois courts to assert personal jurisdiction over the officer on these facts was «not fair, just, and reasonable.»

Article 11 Cases pertaining to a petition for an order under paragraph 1 of the preceding Article shall be within the jurisdiction of the district court which exercises jurisdiction over the area where the opposite party maintains an address (or a place of residence in cases where the opposite party does not have an address in Japan or the address of the opposite party is unknCases pertaining to a petition for an order under paragraph 1 of the preceding Article shall be within the jurisdiction of the district court which exercises jurisdiction over the area where the opposite party maintains an address (or a place of residence in cases where the opposite party does not have an address in Japan or the address of the opposite party is unkncases where the opposite party does not have an address in Japan or the address of the opposite party is unknown).

As an example of the former, one of the subject areas I have used for a writing assignment is landowner liability to trespassing children.40 Even though these cases are not within our first - semester coverage, I assign several cases from a later part of the casebook so the students can see how this area of law has evolved and how it works in different jurisdictions.41 An example of reordering covered material occurs around the final writing assignment, which involves a landlord's liability for the criminal act of a third party.

In a useful reminder for parties who might not otherwise consider themselves to be subject to English jurisdiction, in the recent case of Bestolov v Povarenkin, the High Court confirmed that, where a defendant is domiciled in England, the courts of this country have jurisdiction and moreover no discretion to decline jurisdiction.

The new jurisdiction appears to carry forward one of the key features of the LVT - that, in most cases, the jurisdiction is one where costs are not ordered payable.

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.

A defendant in a criminal proceeding may petition to the superior court for a writ of prohibition to prevent an inferior court from proceeding with the case because it does not fall under its jurisdiction.

On top of that, when parties settle their respective rights by way of an agreement, they are taking control of the outcome of their case and, in some circumstances, could potentially come up with resolutions that a court might not have the jurisdiction to make.

decided in a copyright case that one had to look at a real and substantial connection between the defendants and the jurisdiction of the court — or administrative tribunal — but not at where the server happened to be.

Even though article 101 TFEU does not apply to the facts of the case, the fact that Hungarian competition law was aligned with EU competition law (see para. 21) brings the question within the Court's jurisdiction.

A recent English court case, Football Dataco Ltd et al. v Sportradar GmbH [2010] EWHC 2911 (Ch), has held that at least for some purposes, the jurisdiction of a court over Internet content should be based on where the server was located, and not where the information online was read or used.

Presumably serving as a commissioner for an affidavit is an even stronger case in the same sense, as the document is a public document (within the meaning of the Apostille Convention anyway — not sure the term has much sense in a common law jurisdiction otherwise), and the commissioner is supposed to identify the signer with some certainty and understand the oath, declaration or affirmation to be genuine and unforced.