Sentences with phrase «out of the jurisdiction on»

It served the claim form out of the jurisdiction on the defendants in Italy.

Not exact matches

An Internet sales tax would also drown small, online businesses and entrepreneurs, like those on eBay and Etsy, with compliance costs since they'd have to deal with the costs and complications of figuring out approximately 10,000 distinct sales tax jurisdictions.

But for Indigenous communities, including UBCIC, the question of the pipeline has not been one of provincial jurisdiction, but one of free, prior and informed consent, as set out in the United Nations Declaration on the Rights of Indigenous Peoples.

That led TM to seek a ruling from the NEB confirming that the Board had the jurisdiction to authorize TM's activities, and, to the extent that Burnaby's by - laws were making it impossible for TM to carry out the necessary tests, a ruling that the by - laws were constitutionally inapplicable, or if not inapplicable, were in conflict with the provisions of the National Energy Board Act and therefore inoperative on the basis of the paramountcy doctrine.

After reading the excellent article on ETF taxation, I sought out the SPDR (State Street Global Investors, purveyors of the USDV Dividend Aristocrats ETF) guidance on taxation for their ETF and a copy of the relevant extract is: «The fund may be liable to withholding tax on the gains and income from investments held in jurisdictions which impose such withholding taxes.

When they've invested in clean power, technology costs have dropped to the point that clean electricity is beating out fossil power on price alone in a growing number of jurisdictions.

In regard to primary and secondary education, initiatives include imposing caps on class sizes; ensuring schools have the necessary support staff; funding full - day kindergarten and half - day junior kindergarten for vulnerable children; eliminating fees and fundraising for learning essentials, such as computers; phasing out private schools and bringing charter schools under the jurisdiction of school boards; and providing breakfast and lunch programs.

US District Judge Mark Goldsmith had already issued a 14 day stay of removal on June 22nd for at least 114 mostly Christian Iraqis detained in the Detroit area, saying he needed time to work out whether he has jurisdiction over the case.

«Based on organ donation data from the first full year of the opt - in system in Wales, the message for other UK jurisdictions tempted by the an opt - out system is - for the moment at least - leave well alone.»

To find out more about your state's stance on shared parenting, become familiar with the child custody laws of your jurisdiction.

Ruling out ECJ jurisdiction is a major hang - up on the issue of EU citizens» rights.

The Nordic states have long lobbied for an opt - out for jurisdiction over children's programming on the grounds of the protection of minors.

The grounds on which these reliefs were sought by Zanetor in the Supreme Court were that; The learned judge erred in law when he assumed jurisdiction to interpret article 94 (1) of the constitution holding that once the applicant had put herself out as a contestant in the parliamentary primaries of the NDC she was caught by article 94 (1)(a) which requires that she must be a registered voter at the time of her participation in the primaries.

Mr. Fisas and his team had visited the Commission on 17th October, where the Commission's Chairman, Prof. Mahmood Yakubu informed him that only eight out of the 30 recommendations contained in the EU - EOM Report were within the Commission's jurisdiction, while the remaining 22 fell within the powers and responsibilities of other agencies and arms of government, especially the National Assembly.

But in her motion challenging the EFCC's ex parte application, Mrs. Jonathan, sought «an order of this court striking out the respondent's ex parte originating summons dated September 20, 2017, filed at the registry of this court honourable court on the same date, on the ground that this honourable court lacks the jurisdiction to entertain the said application.»

May is expected to put the mandate for Brexit at the heart of her election campaign but she was reluctant to elaborate on her plan beyond her formal document setting out her desire for more control over immigration, leaving the single market and removing the UK from the jurisdiction of the European courts.

By accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in the State of Maryland and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

(d) Except as set forth in subparagraph (e) below, HBO and you agree that any dispute, claim or controversy arising out of or relating to the Service or your use of the Service, including the website, user interface, these Terms and this Arbitration Agreement, shall be determined on an individual basis, without class relief, by binding arbitration instead of courts of general jurisdiction.

The program provides assistance to school districts that lose out on revenue because of tax - exempt federal property, such as military bases and installations, in their jurisdictions.

Re: the US News article on top about ESSA: Chairwoman Foxx is right about the role of the federal government in America's K - 12 education system; and families can continue to pressure educrats like Mr Botel by opting out, wherever and whenever possible, from their local state schools until the federal government gives up on the continuing mistake of its annual testing requirement in two subjects only, which has produced no significant improvement in American education for 15 years now, but has cost us in lost opportunities, including time and energy that might have been devoted to non-tested subjects, including those in the broader curricula represented by the International Baccalaureate Diploma Programme, which requires assessment — including but not limited to external final exams — in six subjects distributed over at least five fields, an assessment approach that has been imitated by the world's leading educational jurisdictions, but is being discouraged by the ignorant Luddites in the the U.S. ED.

Conversations about performance on individual «indicators,» as they are called in my jurisdiction, often border on the absurd because most of us realize that reading skills are not something that can be separated out cleanly into discrete abilities.

As Tucker points out, «none of these jurisdictions — Finland, Japan, Ontario (Canada) Shanghai (China) or Singapore — is focused on the pursuit of narrow test results, market - based reforms, a deskilled teaching force presumably motivated by threats of firing, or a competitive approach that sets up some schools, teachers, and, consequently, students as winners, while setting up others as losers.»

Sites running on the fringes of the EU and out of their jurisdiction freely pirate entire catalogs of publishers.

only then would you spend money (ie, some of that money) setting up business entities in the relevant jurisdiction (Dubai or whatever), establishing the needed chain companies, beginning work on legal, etc etc (and as a tiny factor at the end of that chain, sure, a few advisors would sort out the best way to pay any taxes in the US / home country / whatever, taking in to account sundry issues such as visa status, etc etc).

@gnasher729 This would be similar to Canada - exact rules depend on jurisdiction, but typically dividends can only be paid out of «retained earnings» [accumulated net profit over the years].

We surveyed municipal shelters regarding general practices and asked for 1) the number of animals received, 2) the number euthanized, 3) method of euthanasia and carcass disposal, 4) what agency typically handles cruelty complaints, 5) are animals adopted out already altered or with a spay / neuter contract, 6) if a contract is used, is it enforced, 7) an estimate on number of calls for help from outside of jurisdiction, 8) is there a tag and / or spay neuter ordinance and, 9) is it enforced?

This section also spells out the authority of the local jurisdiction to hold an administrative hearing and offers recommendations for disposition (restrictions on care and control or euthanasia).

While the Fort Baker batteries were constructed just inside the Golden Gate strait, the later batteries, like Battery Mendell and Battery Alexander (under the jurisdiction of Fort Barry), were constructed farther out on the Marin Headlands, overlooking the Pacific Ocean.

When asked about a sequel to DKR, this is what he had to say: «As for a sequel to DKR, like you said, a couple of the major characters are out of our jurisdiction these days, so rather than attempt to do a straight sequel we might as well go for something with a different licence and a bunch of different characters... oh, hang on.»

In 2014, the David Suzuki Foundation set out to review climate change policies implemented in Canada with the intention of producing a report, Building on the Best: Keeping Canada's Climate Promise, that shows where and which jurisdictions have achieved progress through existing policy.

With Washington State's decision to phase out open net - pen Atlantic salmon aquaculture farms last month, B.C. is the only jurisdiction on the west coast of North America to allow them.

Climate researcher Ian Hill investigated what's necessary to achieve the BoM's national and state averages based purely on all station maxima, and it's interesting looking at how many of the the highest maxima stations would be needed out of the total in each jurisdiction:

While discussing with a colleague John B. West's 1909 Article Multiplicity of Reports, he pointed out that John West had a hands on understanding of how courts and judges worked in a wide array of jurisdictions all over the country, and that this understanding informed his efforts to create standards of legal publishing.

While the court clearly has jurisdiction to deal with issues arising out of a compensatory award, especially where there is provision made for leave to apply, it is difficult to reconcile such a limited and circumscribed power with the imposition on claimant victims of a mandatory requirement to undergo medical examination after a court has:

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.

The effect of these out of jurisdiction graduates will only accentuate the pressures on the legal job market in Ontario, an issue that goes beyond just articling or licensing.

The Third Circuit in In re Bevill Bresler & Schulman Asset Management Corp., developed a five - part test (the Bevill test) to examine the merits of such an assertion by an individual employee against company counsel.50 Under this test, employees must show that (1) they approached corporate counsel for the purpose of seeking legal advice; (2) they made it clear that they were seeking advice in their individual capacity; (3) counsel sought to communicate with the employee in this individual capacity, mindful of the conflicts with its representation of the company; (4) the communications were confidential; and (5) the communications did not concern the employee's official duties or the general affairs of the company.51 The Bevill test has been recognised by other jurisdictions as a means of assessing whether a company employee may assert attorney — client privilege in an individual capacity arising out of communications with corporate counsel.52 (See also Chapter 13 on employee rights.)

I suppose there could be interesting questions if the Twitter user was not in the jurisdiction of the court, depending on (among other things) whether the rules of practice permit service out of the jurisdiction without prior leave of the court.

Some jurisdictions have held on to the traditional notion of a brick and mortar law firm, requiring that lawyers practice out of a physical bona fide office.

Successfully defeating attacks on the federal court's subject matter jurisdiction, and then obtaining summary judgment of foreclosure and title out of foreclosure to the historic beachfront Traymore Hotel in South Beach on behalf of client SR South Beach One, LLC (a spinoff of New York private real estate investment firm Steep Rock Capital).

I would have thought that the reason for rule # 1 on presence of a physical office is to increase the ability to enforce professional discipline on someone practising in the jurisdiction, not just to make it hard for out - of - state lawyers to compete.

Ms. Lindsay has published a response to this question on the LSBC President's Blog, and clarifies that non-BC-based providers are permitted, with the caveat that lawyers acting for clients that are prohibited from out - of - jurisdiction data storage must act accordingly.

It is therefore very helpful for a single practitioner work, such as this, to gather together the most important rules, guidelines and so - called «soft law» on the subject, to set out the key principles applicable in each type of arbitration, and to provide illustrative cases from a number of different jurisdictions and legal traditions.

The Indemnified Party shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Indemnifying Party if the Indemnifying Party has assumed the defense of the action with counsel reasonably satisfactory to the Indemnified Party; provided that the fees and expenses of such counsel shall be at the expense of the Indemnifying Party if (i) the employment of such counsel has been specifically authorized in writing by the Indemnifying Party or (ii) the named parties to any such action (including any impleaded parties) include both the Indemnified Party or parties and the Indemnifying Party and, in the judgement of counsel for the Indemnified Party, it is advisable for the Indemnified Party or parties to be represented by separate counsel (in which case the Indemnifying Party shall not have the right to assume the defense of such action on behalf of the Indemnified Party or parties, it being understood, however, that the Indemnifying Party shall not, in connection with any one such action or separate but substantially similar or related actions in the same jurisdiction arising out of the same general allegations or circumstances, be liable for the reasonable fees and expenses of more than one separate firm of attorneys for the Indemnified Party or parties.

«I am not prepared to adopt, as the defendant's argue, a blanket principle that an Ontario court lacks jurisdiction to entertain a common law action to recognize and enforce a foreign judgment against an out - of - jurisdiction judgment debtor in the absence of a showing that the defendant has some real and substantial connection to Ontario or currently possesses assets in Ontario... No jurisprudence binding on me has expressly placed a gloss on that ability to assume jurisdiction by requiring the plaintiff to demonstrate that the non-resident judgment debtor defendant otherwise has a real and substantial connection with Ontario.»

The Respondent had objected on grounds that even if the amendment were allowed, a new ACAS Early Conciliation certificate pursuant to s18A Employment Tribunals Act 1996 had not been issued (with the correct name) and therefore the claim would be out of time and outside the jurisdiction of the Employment Tribunal.

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.

Should Article 22 (4) be applied in this case, then, as the referring court points out, jurisdiction for interim provisional relief can no longer be based on arts. 2 - 24 of Brussels I (or, to be exact, jurisdiction to rule on the validity issue).

Dispute resolution law revolves around resolving disputes in and out of court, from divorces to evictions, and from partnerships to breach of contract, but also on much larger matters than span over several jurisdictions and cover several parties.

The proposed Rule 5.5, governing multijurisdictional practice, would allow a lawyer admitted outside New York to provide legal services within the state on a temporary basis in several circumstances, including the catch - all of providing services that «arise out of or are reasonably related to the lawyer's practice in a jurisdiction in which the lawyer is admitted to practice.»