Sentences with phrase «of civil jurisdiction»

I don't think the story has received much attention outside of Québec yet, but it's not because it doesn't deserve to be noticed: as La Presse reports, the Chief Justice, Senior Associate Chief Justice, and Associate Chief Justice of Québec's Superior Court are suing the provincial government, arguing that much of the civil jurisdiction of the Court of Québec is unconstitutional.

Then, along came s 25 of the Civil Jurisdiction and Judgments Act 1982, which gave the English court the power to order a Mareva off the back of foreign proceedings, first those in Europe and then in the rest of the world.

Pursuant to section 25 of the Civil Jurisdiction and Judgments Act 1982, the English court can also grant provisional / interim measures such as freezing injunctions in support of enforcement of foreign judgments pending enforcement proceedings in England.

Among other things: successfully obtaining the continuation of a US $ 2 billion freezing order under s. 25 of the Civil Jurisdiction and Judgments Act 1982 in support of Russian proceedings; and successfully acting on an ex parte appeal against a Judge's refusal to grant a Chabra freezing order — the Order was granted by the Court of Appeal and continued on the return date (with Stephen Smith QC and Ben Griffiths).

This case raised issues relating to res judicata, Section 34 of the Civil Jurisdiction and Judgments and Estoppel by Convention.

It is, however, for the courts of civil jurisdiction to ultimately determine whether or not there is an infringement of copyright for private copies made onto a specific medium,

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.

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

Of course, Billy Graham, unlike some medieval popes, has never claimed the jurisdiction to select the civil ruler.

In many jurisdictions, including many of the United States, civil authorities have adopted a definition of marriage that explicitly rejects the age - old requirement of male - female pairing.

«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.

The jurisdiction of the Ecclesiastical Courts was transferred to a newly established civil court, the Court of Matrimonial Causes and Matters.

By mid eighteenth century in New Haven, William Livingston rephrased a «Puritan principle» to read «The civil Power hath no jurisdiction over the Sentiments or Opinions of the subject, till such Opinions break out into Actions prejudicial to the Community, and then it is not the Opinion but the Action that is the Object of our Punishment.

That is within the sole jurisdiction of the civil authorities.

UEFA have since rejected numerous attempts by the club to regain their place via the Swiss civil court in the Canton of Vaud, insisting the CAS is the only authority with jurisdiction over the matter.

At this point, a major issue still stems from the battle between states» rights and the jurisdiction of the federal government, which was the major crux of the Civil War back in 1865.

[27] Although Davis is a staunch Eurosceptic and has criticised the record of the European Court of Human Rights, he has also argued against withdrawal from the court's jurisdiction, on the basis it might encourage countries with far worse civil liberties to do likewise.

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.»

One of the sureties must have a landed property within the jurisdiction of the court, while the second must be a civil servant on the rank of a Deputy Director and above within the jurisdiction of the court.

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.

The FBI has a wide range of jurisdictions, including counterterrorism, organized crime, white - collar crime, violent crime, civil rights investigations, bank robbery, kidnapping, foreign counterintelligence, drug trafficking, and many other violations of 260 federal statutes.

As stipulated in article 2.1 of the International Covenant on Civil and Political rights, «Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant».

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.

(2) These proceedings also include a criminal or civil action resulting from an employee's performance of safety - sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information sought is relevant to the case and issues an order directing the employer to produce the information.

(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.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, 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 achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, 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, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

(C) Any person aggrieved may brand a civil action in any court of competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this Act: Provided.

To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes.

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.

Lawyer Luciana Brasil says the notice of civil claim alleges B.C. acted outside its jurisdiction when the Property Transfer Tax Act was amended in July, targeting the country of origin or nationality of home buyers across Metro Vancouver.

(3) Any creditor licensed under this chapter adjudged after May 20, 1996 by a court of competent jurisdiction in any civil action to be in deliberate violation of or in reckless disregard for this chapter shall within 10 days of such adjudication forward a copy of the judgment to the administrator.

Such action shall include, but shall not be limited to, the issuance of orders to cease and desist or to assess civil money penalties, entering into compliance agreements, seeking injunctive relief from a court of competent jurisdiction, or any combination thereof.

The commissioner may maintain a civil action in a court of competent jurisdiction to recover such fines, together with his costs and attorney fees incident to such action.

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.

At the core of the case was the legal principal that tribal courts have civil jurisdiction over non-Indian conduct arising from consensual relations on Indian reservations, weaving through overriding sovereignties across territories and bodies, and, critically, Indigenous sovereignty.

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.

As to the use of experts in electronic records management, it is not yet the practice of lawyers to use such experts, but it should be because the Evidence Acts require it in order to use electronic records as evidence — e.g. s. 31.2 (1)(a) of the Canada Evidence Act, and, s. 34.1 (5), (5.1) of the Ontario Evidence Act, and the Evidence Acts of 9 other jurisdictions in Canada contain the same requirement (including the records provisions of Book 7 of the Civil Code of Quebec).

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.

But it is also expected to change the way lawyers prepare and practise in the filtering phases of the highly popular civil lawsuits in a jurisdiction that is widely seen as class - action friendly.

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.

This Supreme Court term turned out to be important for civil procedure, with three significant rulings on personal jurisdiction — when a court has control of the particular parties in a case.

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.

With jurisdiction over criminal, civil, and family matters, the Superior Court of Justice is integral to delivering justice to all Ontarians.

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.

The jurisdiction which is in the advance in this field is British Columbia and it has been notably more humble, thoughtful and gradual in the implementation of its Civil Resolution Tribunal.

It held that there is nothing in the Constitution that confers exclusive jurisdiction on the Federal High Court to determine criminal causes and matters in respect of the civil matters for which exclusive jurisdiction is conferred by the Constitution under Section 251 (1).

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 agencies.

Essentially any medical professional and any institution that is entrusted with a patient's care can be the subject of civil action in a medical malpractice, wrongful death incident in Maryland, or any other jurisdiction.

For a variety of reasons, both jurisdictions are ideally suited as laboratories for new, technology - enabled approaches to significantly expanded access to civil legal resources and solutions.