Sentences with phrase «on civil jurisdiction»

State immunity would have been enough on its own to dispose of the injunction, but the court also dealt with the important jurisdictional issues raised by ETI's reliance on Civil Jurisdiction and Judgments Act 1982, s 25 as the basis for the court's jurisdiction

Not exact matches

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.»

«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.

[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.

The County Court's jurisdiction on civil cases is limited to those involving less than $ 25,000.

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.

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».

(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.

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.

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.

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.

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.

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.

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).

On October 1, 1991, the Territorial Court obtained jurisdiction over all local civil actions in accordance with 4 V.I. Code Ann.

From 10 January 2015, Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels Regulation (recast)-RRB- applies.

Rosie has broad experience on matters involving civil fraud and is currently working with CYK colleagues on a complex asset tracing programme spanning more than 20 jurisdictions.

Guardian contributor and civil rights barrister David Pannick was briefed (at a fee which Brett refuses to disclose but which was at arm's length) to apply... to Leonard J in the High Court for Brett to be granted an audience on the ground that this was allowed under the court's inherent jurisdiction to regulate its proceedings.

The Civil Jurisdiction and Judgments Regulations 2007 (SI 2007/1655), which came into force on 1 July 2007, amend primary and subordinate legislation to give effect to the agreement to apply, with modifications, the Council regulation.

We suggest that while an increased investment in civil justice is doubtless overdue in most jurisdictions, it would be unwise to rely on new funding as the answer — or at least the complete answer — to this problem.

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 proceCivil 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 procecivil 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 procecivil lawsuits generally by the due process...

States have no jurisdiction on criminal matters, and limited jurisdiction on civil matters, that occur outside its geographic boundaries.

One change in the past year has been to remove the requirement for candidates to have a background in a particular jurisdiction such as civil, crime or family — instead they can be selected on their potential to be a judge in a given jurisdiction, with the Judicial College providing training after appointment.

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).

Regulation (EU) No 1215/2012 of the European Parliament and of the Council on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (the «Recast Regulation») currently ensures that jurisdiction agreements contained in contracts are respected by all EU Member States.

In addition to arbitration matters, Jun Hee advises clients on international trade, outbound civil litigation and criminal matters in foreign jurisdictions.

The Recast Brussels Regulation (Council Regulation (EU) 1215/2012) on jurisdiction and the recognition of judgments in civil and commercial matters for proceedings commenced on or after 10 January 2015; or

As well as needing simultaneous emergency measures to be taken on both sides of the Scottish / English border in order to prevent Police Scotland taking privileged and irrelevant documents out of the jurisdiction, this case raises complex and important issues concerning cross-border criminal enforcement arising in the context of civil disputes.

The Uniform Child Custody Jurisdiction and Enforcement Act and the Hague Convention on the Civil Aspects of International Child Abduction need to be applied consistently with each other — or there can be serious confusion and unfairness.

However, the analysis in the common law jurisprudence is less clear, in part because civil procedure rules in the common law provinces treat exceptions based on irrecevabilité and subject matter jurisdiction similarly, or do not even distinguish them, while personal jurisdiction is addressed separately through the rules on service.

When, exactly, a civil case can be dismissed with or without prejudice will depend on the jurisdiction where you're litigating.

This provision was first interpreted in Bier v Mines de potasse d'Alsace (then still under the pre-predecessor of the Regulation, the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters).

It is incompatible with Council Regulation No 44 / 2001 / EC (jurisdiction and recognition and enforcement of judgments in civil and commercial matters) for a court of a member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.

Quebec civil procedure distinguishes between «declinatory exceptions», which are preliminary motions to stay or dismiss based on absence of personal or subject - matter jurisdiction (compétence)[Quebec Code of Civil Procedure, arts. 163 - 164] and «exceptions to dismiss» (moyens de non-recevabilité), which are motions to stay or dismiss on other grounds: (i) res judicata or lis pendens, (ii) lack of legal capacity to sue or be sued, (iii) plaintiff's lack of standing, and (iv) no reasonable cause of action [C.C.P., arts. 165 - civil procedure distinguishes between «declinatory exceptions», which are preliminary motions to stay or dismiss based on absence of personal or subject - matter jurisdiction (compétence)[Quebec Code of Civil Procedure, arts. 163 - 164] and «exceptions to dismiss» (moyens de non-recevabilité), which are motions to stay or dismiss on other grounds: (i) res judicata or lis pendens, (ii) lack of legal capacity to sue or be sued, (iii) plaintiff's lack of standing, and (iv) no reasonable cause of action [C.C.P., arts. 165 - Civil Procedure, arts. 163 - 164] and «exceptions to dismiss» (moyens de non-recevabilité), which are motions to stay or dismiss on other grounds: (i) res judicata or lis pendens, (ii) lack of legal capacity to sue or be sued, (iii) plaintiff's lack of standing, and (iv) no reasonable cause of action [C.C.P., arts. 165 - 167].

This reasoning ignores the fact that these Strasbourg cases have also been applied in other jurisdictions, such as the United States, [27] and the UN Human Rights Committee's landmark 1994 decision on a «right to privacy» within the comparative Article 17 of the of the International Covenant on Civil and Political Rights 1966, in Toonen v Australia.

On the other hand, wouldn't a (perhaps broad) exhaustion requirement somehow go against the very concept of universal civil jurisdiction?

On the justices deciding, for example, to make a liability order in their civil or family jurisdiction, legal aid is applied for as if it were criminal proceedings.

194, to stay Father Hart's civil action on the ground that the court had no jurisdiction over his claim.

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.

This barrier assumes a new significance in light of the ever - increasing numbers of litigants involved in civil court proceedings without counsel, numbers which represent anywhere from 50 % to 80 % of the court docket depending on the jurisdiction you're looking at.

First, the 2012 report of the Family Justice Working Group (PDF) of the national Action Committee on Access to Justice in Civil and Family Matters, recommended that each jurisdiction establish its own unified family court with:

The Brussels I (recast), also known by its less pithy, formal title, Regulation (EU) No 1215/2012 «on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast)», partially entered into force on 10 January 2013 and became fully applicable on 10 January 2015.

The aims of the Brussels I (recast) are to provide unified rules on conflicts of jurisdiction in civil and commercial matters and to ensure the rapid recognition and enforcement of judgments given in member states (recital 4).

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).

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 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 matcivil and commercial matters arising in the DIFC and to allow persons to adopt the laws of another jurisdiction in relation to such matters.

Montréal - based Jaar, who is writing a book on ediscovery, points out key differences in Québec's civil law jurisdiction.

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.