Sentences with phrase «of civil law jurisdictions»

Not exact matches

None of the Reporting Persons nor any manager or executive officer of the Reporting Persons, has, during the past five years, (a) been convicted in a criminal proceeding (excluding traffic violations or similar misdemeanors), or (b) been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction and as a result of such proceeding was or is subject to a judgment, decree or final order enjoining future violations of, or prohibiting, or mandating activities subject to, Federal or State securities laws or a finding of any violation with respect to such laws.

According to the state Retirement and Social Security Law, which was last amended in 2008, in order to receive approval for a section 211 waiver from the state's three - member Civil Service commission, a jurisdiction must demonstrate «an urgent need for his or her services» because of «an unplanned, unpredictable, unexpected vacancy and sufficient time is not available to recruit a qualified individual.»

While civil partnerships were established nationwide, marriage law is a devolved matter in the United Kingdom and therefore the legislative procedure of same - sex marriage differs by jurisdiction.

DOT may make available to another agency or instrumentality of any government jurisdiction, including State and local governments, listings of names from any system of records in DOT for use in law enforcement activities, either civil or criminal, or to expose fraudulent claims, regardless of the stated purpose for the collection of the information in the system of records.

(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section.

It is primarily concerned with the jurisdictions in the common law, and deals with the cases of civil wrong where someone else has to suffer loss or harm which results in legal liability for the person who happens to commit a tortuous act.

Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law in the applicable jurisdiction, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law.

Were there any real likelihood of this ensuring more payments it might be tolerable to see the criminal jurisdiction — excluded for civil proceedings since the late 19th century — brought into family law; but I doubt there will be any higher a rate of clearance of arrears than under the existing scheme.

Robert Don Gifford represents clientele in a broad range of complex civil and white collar criminal litigation, Native American law, and military law in courts of all jurisdictions.

Each section of Doing Business in Canada focuses on a critical aspect of Canadian business law, starting with an introduction to the legal structure of Canada, which explains federal and provincial jurisdictions, branches of government, and common / civil law.

Rodrigue, who oversaw the opening of the Montreal office in Place Ville Marie on April 2, following her nomination as Montreal managing partner in February, said she is building a team with lawyers not only called to both Canada's common law and Quebec's civil regime jurisdictions but having an active practice in both.

He also cited the need to uphold the Lugano Convention (the equivalent of the Brussels convention on jurisdiction for European Economic Area states) which is incorporated into English law under the Civil Jurisdiction and Judgmenjurisdiction for European Economic Area states) which is incorporated into English law under the Civil Jurisdiction and JudgmenJurisdiction and Judgments Act 1982.

For example, civil trial attorneys within the DOJ's Tax Division are requesting the issuance of John Doe summonses (ie, summonses that seek information regarding specific unidentified persons) and are seeking the enforcement of Nova Scotia summonses (ie, summonses served on a US branch of an overseas bank requesting the production of bank records held by parts of the bank located in a jurisdiction with strict bank secrecy laws) mostly against financial institutions.

Further Scotland and Louisiana are not straightforward common law jurisdictions but rather a blend of common and civil law.

These are that: (i) the jurisdiction is to be invoked and exercised exceptionally and with great caution; (ii) there must certainly be something more than mere infringement of the criminal law before the assistance of civil proceedings can be invoked and accorded for the protection or promotion of the interests of the inhabitants of the area; (iii) the essential foundation for the exercise of the court's discretion to grant an injunction is not that the off ender is deliberately and flagrantly flouting the law, but the need to draw the inference that the defendant's unlawful operations will continue unless and until effectively restrained by the law and that nothing short of an injunction will be eff ective to restrain them.

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.

It covers such measures as Regulation 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the Brussels I Regulation), Regulation 2201/2003 on jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility (the Brussels II bis Regulation) or Regulation 864/2007 on the law applicable to non-contractual obligations (the Rome II Regulation).

Some sort of automated (computerized) or facilitated system (such as having financial and property issues referred to a third - party assessor as happens in some civil law jurisdictions) is, in my view, inevitable, for at least two reasons.

«I the traditional province of the barrister in England, and of advocates in some civil law jurisdictions.

Civil law jurisdictions, for example, lack U.S. tools like citators and case digests because of the reduced role cases play in systems that do not adhere to stare decisis.

Lawyers advise and represent individuals, businesses, and the traditional province of the barrister in England, and of advocates in some civil law jurisdictions.

138 The Alien Tort Statute, 28 U.S.C. § 1350 provides that «[t] he district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.»

There is a growing trend of dispute resolution funding throughout the common law jurisdictions, as indicated by the recent approvals of third - party arbitration funding in Hong Kong and Singapore through the Arbitration and Mediation Legislation (Third Party Funding)(Amendment) Ordinance and Civil Law (Amendment) Act 2017 respectivelaw jurisdictions, as indicated by the recent approvals of third - party arbitration funding in Hong Kong and Singapore through the Arbitration and Mediation Legislation (Third Party Funding)(Amendment) Ordinance and Civil Law (Amendment) Act 2017 respectiveLaw (Amendment) Act 2017 respectively.

The answer used to be handled by common law in common law countries (it is handled by statute in civil law jurisdictions such as Quebec), but in most jurisdictions, this has been superseded by specific statutes and treaties governing the sale of goods.

The United States and 49 of the states are Common Law jurisdictions, the exception is Louisiana which is a Civil Law jurisdiction (specifically the Napoleonic subset of Civil Law) as, unlike the rest of the country, it was initially a French possession.

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.

It's a comparative law look at how a number of Commonwealth jurisdictions and France — so common law and civil law — deal with some issues common to tort and delict.

By way of an explanation to the uninitiated, it can be said that a Juris Classeur encyclopedia serves much the same purpose for a legal practitioner in a civil law jurisdiction as does the Halsburys Model in common law jurisdictions.

Mediation is being embraced in many common law jurisdictions to solve the problems of civil justice.

Lindy has extensive experience of representing clients in LCIA; ICC and LMAA arbitrations as well as non-institutional arbitrations, including UNCITRAL, in both civil and common law jurisdictions and has a wealth of knowledge in international jurisdictions.

A remarkable breadth of jurisdictions is covered in the 2nd Edition from common and civil law jurisdictions, with contributions from leading lawyers in their countries who are ideally placed to provide practical, straightforward commentary on the inner workings of their respective legal systems.»

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

Mr. Huber has represented clients in international arbitrations sited in both common and civil law jurisdictions under a wide variety of arbitral rules, including the LCIA, ICC, VIAC and AAA.

While the United States has not entered into any treaties for the recognition of foreign court judgments in civil actions, private civil litigants may seek to register final U.S. court decisions with foreign courts through exequatur proceedings under the law of the foreign jurisdiction.

Of course, knowledge of the law, civil rules and guidelines appropriate for your jurisdiction are important, as is some grasp of what records should be kept, and for how long; but these are both only a small part of what a litigation support professional should knoOf course, knowledge of the law, civil rules and guidelines appropriate for your jurisdiction are important, as is some grasp of what records should be kept, and for how long; but these are both only a small part of what a litigation support professional should knoof the law, civil rules and guidelines appropriate for your jurisdiction are important, as is some grasp of what records should be kept, and for how long; but these are both only a small part of what a litigation support professional should knoof what records should be kept, and for how long; but these are both only a small part of what a litigation support professional should knoof what a litigation support professional should know.

The deal, ratified first by the Law Society of Upper Canada in February, allows lawyers who are currently confined to civil law or common law jurisdictions broader access to practise law across the two systeLaw Society of Upper Canada in February, allows lawyers who are currently confined to civil law or common law jurisdictions broader access to practise law across the two systelaw or common law jurisdictions broader access to practise law across the two systelaw jurisdictions broader access to practise law across the two systelaw across the two systems.

Under Article 8 of DIFC Law No 3 of 2004, the Law on the Application of Civil and Commercial Laws in the DIFC, there is provision as to the law to be applied in the DIFC, the objective of which, according to Article 7, is to provide certainty as to the rights and obligations of persons in civil and commercial matters arising in the DIFC and to allow persons to adopt the laws of another jurisdiction in relation to such matteLaw No 3 of 2004, the Law on the Application of Civil and Commercial Laws in the DIFC, there is provision as to the law to be applied in the DIFC, the objective of which, according to Article 7, is to provide certainty as to the rights and obligations of persons in civil and commercial matters arising in the DIFC and to allow persons to adopt the laws of another jurisdiction in relation to such matteLaw on the Application of Civil and Commercial Laws in the DIFC, there is provision as to the law to be applied in the DIFC, the objective of which, according to Article 7, is to provide certainty as to the rights and obligations of persons in civil and commercial matters arising in the DIFC and to allow persons to adopt the laws of another jurisdiction in relation to such matCivil and Commercial Laws in the DIFC, there is provision as to the law to be applied in the DIFC, the objective of which, according to Article 7, is to provide certainty as to the rights and obligations of persons in civil and commercial matters arising in the DIFC and to allow persons to adopt the laws of another jurisdiction in relation to such mattLaws in the DIFC, there is provision as to the law to be applied in the DIFC, the objective of which, according to Article 7, is to provide certainty as to the rights and obligations of persons in civil and commercial matters arising in the DIFC and to allow persons to adopt the laws of another jurisdiction in relation to such mattelaw to be applied in the DIFC, the objective of which, according to Article 7, is to provide certainty as to the rights and obligations of persons in civil and commercial matters arising in the DIFC and to allow persons to adopt the laws of another jurisdiction in relation to such matcivil and commercial matters arising in the DIFC and to allow persons to adopt the laws of another jurisdiction in relation to such mattlaws of another jurisdiction in relation to such matters.

He then referred to articles by Dr F.A. Mann (whose own expertise and reputation in the area were considerable) and Dr E.J. Cohn and pointed out that, from the 19th Century, civil law countries had accepted that a waiver of sovereign immunity by a contract was effective, that the speeches in Duff were obiter and did not constitute a majority and that both Duff and Kahan overlooked the fact that submission in the face of the court was not the only form of valid submission since the introduction of a new Rule in the RSC in 1920 that the English court had jurisdiction to entertain an action where there was a contractual submission.

The thrust of conversation throughout the event was on collaborating ideas to find common ground between civil and common law jurisdictions in international arbitration; a particularly pressing issue in Africa, whose tangled colonial history has contributed to a distinct mixture of both systems, as well as Islamic laws and local customs.

Only qualified lawyers possessing the right to conduct litigation and / or a right of audience before the superior courts of the jurisdiction in which they practice civil and commercial law are currently eligible for accreditation.

Article 8 provided, after referring to Article 3 of Federal Law No. 8 of 2004 (see above), that, as DIFC law can apply in the DIFC in relation to civil and commercial matters, «the rights and liabilities between persons in any civil or commercial matter are to be determined according to the laws for the time being in force in the Jurisdiction chosen, in accordance paragraph 2&raquLaw No. 8 of 2004 (see above), that, as DIFC law can apply in the DIFC in relation to civil and commercial matters, «the rights and liabilities between persons in any civil or commercial matter are to be determined according to the laws for the time being in force in the Jurisdiction chosen, in accordance paragraph 2&raqulaw can apply in the DIFC in relation to civil and commercial matters, «the rights and liabilities between persons in any civil or commercial matter are to be determined according to the laws for the time being in force in the Jurisdiction chosen, in accordance paragraph 2».

By the Judicial Authority Law, as it is known, (Law No 12 of 2004), the jurisdiction of the DIFC Courts was created and Article 5 set out the exclusive jurisdiction of the Court of First Instance (CFI) to hear and determine (inter alia) civil or commercial claims which fall within subparagraphs A (1)(a)- (e).

Press Release NEW TITLE April 2013 Disclosure of Information: Norwich Pharmacal and Related Principles Simon Bushell and Gary Milner - Moore The first and only book to offer an in - depth examination of the controversial Norwich Pharmacal jurisdiction «A discussion with any civil law practitioner hearing about the concept for the first time and appreciating its ramifications is guaranteed to lead to a...

She has represented clients in complex multi-jurisdictional disputes governed by a broad variety of substantive and procedural laws, of both civil and common law jurisdictions.

From 11 January 2009, Rome II created a harmonised set of rules within the EU to govern choice of law in civil and commercial matters (subject to certain exclusions) concerning non-contractual obligations, including, as in this case, specific rules for tort (and its near - equivalent in many European jurisdictions, delict).

The ATS, a single sentence within the Judiciary Act of 1789, provides United States federal courts with original jurisdiction over «any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.»

A total of forty national jurisdictions will be explored, chosen in order to ensure broad geographical spread and a mix of common law, civil law and other legal traditions, as well as reflecting the expertise of the law firms involved.

The program provides participants from both civil and common law jurisdictions with exposure to the wide range of international commercial disputes handled in our Global International Arbitration Practice.

And for any readers who simply can't get enough when it comes to appeals involving the law school subjects of federal courts and civil procedure, today the U.S. Court of Appeals for the Ninth Circuit issued a decision resolving «whether the federal court in Guam has jurisdiction in disputes exclusively between aliens.»

CAP laws vary significantly from state to state, so that the jurisdiction in which you live and file a civil claim may affect certain aspects of your case.