Sentences with phrase «own jurisdiction over a matter»

However, the prohibited transaction rules for IRAs are codified in the Internal Revenue Code, which, generally speaking, would give Treasury regulatory jurisdiction over the matter.»

No matter, federal jurisdiction over the environment — including the jurisdiction to impose a national price on carbon — may also be based on its taxation power, or on its residual jurisdiction over matters of «national concern» under the Peace, Order, and Good Governance (POGG) power.

«Per the church autonomy doctrine, the courts lack subject matter jurisdiction over the matter.»

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.

The federal government has clear jurisdiction over matters that are international or interstate in nature.

Canada has a constitution that splits jurisdiction over matters between the federal government and the provincial governments.

Based on recommendations included in the report, the Governor is introducing a program bill that would ban the provision of single - use, plastic carryout bags at any point of sale, and would provide the Department of Environmental Conservation with exclusive jurisdiction over all matters related to plastic bags and film plastic recycling.

In order to determine whether or not the Board had jurisdiction over this matter, we reviewed the relevant legislation, codes, rules and regulations that determine the Board's authority and responsibilities.

The Senate Health, Education, Labor and Workforce Committee (HELP): This Senate committee has jurisdiction over matters relating to health, education and training and public welfare.

The Education and The Workforce Committee: This House committee has jurisdiction over matters relating to education and the workforce.

If another state agency has jurisdiction over the matter, they may refer the issue to that agency.

Secondly, we have noted the call on Judges of the FCT High Court to be circumspect in deciding whether it is wise and correct to exercise jurisdiction over matters outside the FCT.

[77] In summary, the Chinese Court had jurisdiction over the matter which is the subject of the foreign judgment, the foreign judgment is final and conclusive, and there is no valid defence.

There can be no dispute in this case that the Chinese Court had jurisdiction over the matter.

Their validity in prenuptial agreements that preclude the jurisdiction of Japanese courts will likely be upheld if the matter in question is not within the exclusive jurisdiction of the Japanese courts, and if the court designated by the agreement would have jurisdiction over the matter in question, independently, under the law applicable in that forum.

If Pennsylvania declines jurisdiction, the family court shall request Pennsylvania issue an order finding it no longer retains exclusive, continuing jurisdiction Pennsylvania Courts do not have jurisdiction over the matter of custody of this minor child.

Article 10 permits a court dealing with divorce or separation to take jurisdiction over matters of PR as Art 12 of BIIR does.

Reading section 3.6 (1) alone, it may not appear that the Act grants the CRT exclusive jurisdiction over these matters.

However, the CRT has exclusive jurisdiction over the matters expressly set out in section 3.6 (1), unless the BC Supreme Court grants an exemption under section 12.3.

The court granted mother's motion to dismiss finding that it was appropriate for the court to decline continuing jurisdiction over this matter because mother and the children no longer had a significant connection with the State of New Hampshire.

Jurisdiction Circuit courts have general trial jurisdiction over matters not assigned by statute to the county courts and also hear appeals from county court cases.

2012), addresses the important international practice question of whether activity by a non-U.S. sovereign satisfies the «commercial activity» exclusion to the application of the Foreign Sovereign Immunities Act, thus permitting the federal courts to exercise subject matter jurisdiction over a matter.

She then went on to find that there was not statutory jurisdiction or legislation permitting the court to enable that transfer and that, «It may be open to the Supreme Court to assume jurisdiction over the matter, given that they have inherent jurisdiction and parens patriae jurisdiction, but that is a decision that must be made by the Supreme Court.»

-- A Federal district court has original subject matter jurisdiction over matters involving citizens of different states and the amount in controversy exceeds $ 75,000.

As per counsel's interpretation of Dunsmuir v New Brunswick, 2008 SCC 9 (CanLII), Alberta (Information and Privacy Commissioner) v Alberta Teachers» Association, 2011 SCC 61 (CanLII) and Newfoundland and Labrador Nurses» Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62 (CanLII), where a tribunal is asked to determine its own jurisdiction over a matter (and interpret its home statute) these determinations are subject to deference on judicial review.

A federal court has jurisdiction over a matter if there is a federal question or if it is a diversity of citizenship case.

Further, sections 168 and 174 of the RTA give the Board exclusive jurisdiction over matters set out in the RTA.

Justice Mactavish retained her jurisdiction over the matter and will hear the case again if the Ministers fail to meet their duties with regard to these four species.

The committee to which a matter is initially referred may discharge the matter to another committee with jurisdiction over the matter.

In case the insured / policy holder is not satisfied with decision / resolution of the company, they may approach the Insurance Ombudsman of their state or an appropriate judicial / quasi - judicial authority having jurisdiction over the matter for redressal of your grievance.

State child custody laws provide strict rules regarding what court holds jurisdiction over these matters.

Once the Divorce Complaint is filed, the court has jurisdiction over your matter.

It should include your name, your spouse's name, the name of the court that has jurisdiction over your matter, and your docket or case number.

Not exact matches

Because laws change over time and in different jurisdictions, it is imperative that you consult an attorney in your area regarding legal matters and an accountant regarding tax matters.

Her application to have her conversion legally recognized by Malaysian courts was rejected in 2007 when the high court said it did not have jurisdiction over religious matters.

Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Committee holds jurisdiction over agricultural, rural development, food / drug safety / regulatory matters, and other relevant entities.

Absent international treaties on the matter, every country is free to decide what it has jurisdiction over.

... «Superior Court» is to be construed historically, and that... it connotes a court having an inherent jurisdiction, in England, to administer justice according to the law, as and being a part of, or descended from, and as exercising part of the power of, the Aula Regia, established by William the First, which had universal jurisdiction in all matters of right and wrong throughout the kingdom, and over which, in its early days, the King presided in person.

Most legislation is considered by standing committees, each of which has jurisdiction over a particular subject matter, such as Agriculture or Appropriations.

That is the only matter the Staten Island DA has jurisdiction over.

«This matter is under investigation and until such time as jurisdiction over the incident is established, there will be no further comment form this office,» Fitzpatrick said in a one - paragraph news release.

Sec. 1 - 225 and Sec. 1 - 200) states that «meetings of all public agencies shall be open to the public», and defines public agency as «including any committee of, or created by, any such office, subdivision, agency, department, institution, bureau, board, commission, authority or official», and defines «meeting» as «any hearing or other proceeding of a public agency... to discuss or act upon a matter over which the public agency has supervision control, jurisdiction or advisory power», nonetheless, the State Department of Education attempted to keep the «training session» for superintendents closed to the public, stating it «is not a venue for members of the general public to participate.»

Because plaintiff failed to do so, the District Court lacked subject matter jurisdiction over her claims.

We hold that the District Court lacked subject matter jurisdiction over Polera's claims under the Americans with Disabilities Act («ADA»), 42 U.S.C. § 12101 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. § 794, because she failed to exhaust her administrative remedies.

«To the American public, it doesn't matter who has jurisdiction over these essential utility lines.

This Court has jurisdiction over the subject matter of this action and over the Settling Defendants.

This Court has subject matter jurisdiction over this action under Section 4 of the Sherman Act, 15 U.S.C. 4, and 28 U.S.C. 1331, 1337 (a), and 1345.

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

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).

In February 2010, Judge Carton ruled in a case pending in an Australian court (yes, he has discretion to exercise jurisdiction over Australian matters) in which record company EMI sought to overturn a court ruling that the Aussie band Men at Work copied a flute riff from the children's song «Kookaburra Sits in the Old Gum Tree» in their 1980s song, «Down Under.»