Sentences with phrase «question gives the jurisdiction»

The last sentence of the question gives the jurisdiction as Rhode Island, US, as does the tag.

Not exact matches

Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms of Participation, or the rights and obligations of the participant and Bandai Namco in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

I'll give an answer for Washington State, since the question doesn't specify a jurisdiction.

Given that this is the first request for a preliminary reference concerning the validity of international agreements concluded by the EU and their acts of conclusion, it also raised some new procedural questions, especially concerning the Court's jurisdiction.

On previous occasions when this Court directed Dr. Breberin to attend in Vancouver for an independent medical examination, gave explicit reasons for doing so, and noted that there was insufficient medical evidence to permit the Court to accede to her argument that she was unable to travel, Dr. Breberin later continued to question the Court's jurisdiction to make such an order.

Acted for applicant companies on applications for cross-border mergers which gave rise to important questions as to scope of the English Court's jurisdiction.

The question was asked as to whether or not there was the potential for a clash between the Commercial Court Long Trials Working Group's Report and the work of this review; Jackson LJ expressed the need for caution in changing the procedures of the Commercial Court given its position as the court of choice for litigants from other jurisdictions.

Recently, in Sattva Capital Corporation v Creston Moly Corporation et al [2014] 2 SCR 633, the court confirmed that the appellate jurisdiction to review written construction cases must necessarily be limited given the legal requirement for the first instance court to reach its decision as a mixed question of law and fact.

In light of its expertise, the Agency was given the jurisdiction to determine the ultimate question arising in this case: whether a IPIF policy would cause undue hardship to the carriers.

In general, on this site, you should always use a tag giving the jurisdiction, as well as other tags describing the specific area of law relating to your question.

The jurisdiction of the Court was thus given because the questions referred concerned the «implementation» of EU law (para 27).

It's an interesting question to ponder whether «Canada» should follow suit, given that this is a matter of provincial jurisdiction and that there is a lack of uniformity between the provinces.

As already stressed by Megi Medzmariashvili in her post of 1st March 2016, the question of whether the Court of Justice of the European Union («the Court» or «CJEU») has jurisdiction to give a preliminary ruling on the interpretation of a harmonised technical standard («HTS») adopted by the European Committee for Standardisation («CEN») is, for the first time, raised in Case C - 613 / 14, James Elliot Construction Ltd v Irish Asphalt Limited.

And there are serious questions about unauthorized practice when non-lawyers in effect give legal advice via software, or lawyers advise people over the Internet concerning jurisdictions in which they are not admitted to practice.

Before anything more is said on the merits, consideration must be given to the preliminary question: whether the Appeals Chamber is endowed with the jurisdiction to hear this appeal at all.

Given the irrefutable importance of a legally binding and enforceable contract to a successful trading relationship, a perennial question which is common to contracting parties in every jurisdiction is:

For example, procedural questions may turn on unfamiliar sources of enacted law — such as court local rules or judges» administrative or standing orders — that may be more conveniently found on a given court's official website than on Lexis or Westlaw, if they are available on subscription databases at all.60 And for practicing attorneys, jurisdiction - specific forms and the previous work of other attorneys who have done similar things can be valuable resources.61 So legal blogs, firm white papers, and actual filings available through PACER or Bloomberg Law can be valuable tools — at least as a jumping - off point.

Note, however, the issues highlighted below at question 2.7 d) in relation to the enforcement of foreign judgments given in default and against defendants that have not expressly submitted to the jurisdiction of the foreign court, which may affect the amenability of the enforcement action to summary judgment.

All of this gave rise to complex legal questions, including constitutional and international jurisdiction issues, and the issue of whether a Canadian court has the ability to grant a divorce in an actively polygamous marriage.

Without having done extensive research regarding the relevant state and national statutes in India, given that India's legal system is derived from British common law and that British common law jurisdictions would be uniform in how this question is resolved in a matter that arises from the common law, I think I can provide an answer that is likely to be correct.

This will vary wildly across jurisdictions, but given that this question is unanswered for two weeks now, I will provide an answer for Europe, specifically the Czech Republic.

In addition to raising insurance issues, giving advice with respect to foreign law in a jurisdiction where you are not admitted could expose you to an unauthorized practice of law prosecution, even assuming you have sufficient knowledge of the foreign law in question.

Justice Brown encouraged Judges to use the tools given to them, namely the Rules of Civil Procedure and the inherent jurisdiction of the court, to drill down and question whether certain summary judgment motions are appropriate, given the nature and progress of the particular lawsuit.

As long as the court which made the reference has not found that in national law the fact that the claims have been acceded to has not so terminated the proceedings, the Court has no jurisdiction to give a ruling on the questions referred to it «(para 30).

The question to which the Supreme Court recently gave a mistaken answer was: Has the revolution in race relations since enactment of the 1965 Voting Rights Act rendered the act's Section 5 anachronistic and hence unconstitutional as a no - longer defensible encroachment on the rights of the affected jurisdictions?

Construction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Province of Alberta, Canada, without giving effect to any choice of law or conflict of law rules (whether of the Province of Alberta or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Province of Alberta.

The reasoning was that the new case fell within the doctrine of «res judicata» and was given by a court of competent jurisdiction, and the decision was not tangential but the very question that was now argued again before the court.

If the state law would give the court jurisdiction over the party, then the next question is whether such jurisdiction would accord with the due process requirements of the Fourteenth Amendment to the Constitution of the United States of America («Constitution»).

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.