Sentences with phrase «such appellate jurisdiction»

The Court of Appeals shall have such appellate jurisdiction as the General Assembly may prescribe.

Not exact matches

Just how that charge is to be exercised is nowhere indicated in the text, and the possibility remains, therefore, that outside the Latin church the jurisdiction will be exercised via the patriarchs and ruling synods of the Oriental churches — normally, by way of reaction, namely, in the event of patriarchs or ruling synods calling on the pope for mediation in some dispute («appellate» jurisdiction), and abnormally, in the pope taking some initiative to bring a matter to the attention of such patriarchs and synods.

Common sense should have informed the Government that the provisions of Article 280 (2) entrusting to the Court of Appeal appellate jurisdiction over such adverse findings would have been meaningless if the Government had a first administrative review authority to selectively overrule or reject or confirm such adverse findings made against persons by the Commissioner appointed under Article 278.

In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.»

In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Applying the U.S. Supreme Court's 2014 decision in Daimler AG v. Bauman that limited general jurisdiction, a California appellate court held that such jurisdiction was lacking, but that the California courts had specific jurisdiction over the nonresidents» claims.

The ICS will include an appeal mechanism, giving the tribunal appellate jurisdiction over (a) errors in the application or interpretation of applicable law; (b) manifest errors in the appreciation of the facts, including the appreciation of relevant domestic law; and (c) the grounds set out in Article 52 (1) of the ICSID Convention, such as the presence of corruption or a serious departure from the fundamental rules of procedure.

His representation has ranged from class action and complex commercial and environmental cases to limited jurisdiction premises liability cases and administrative hearings, successfully arguing appellate cases such as Resolution Trust Corp. v. Rossmoor Corp. (1995) 34 Cal.App.4 th 93, Ryan v. Lustre - Cal (2014) WL 7384613, McCormick v. San Pedro Bait Co., Inc. (2009) WL 4801962 and the federal district court decision, Ameripride Services, Inc. v. Valley Industrial Service, Inc. (2007 E.D. Cal.)

«In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction both as to law and fact, with such exceptions and under such regulations as the Congress shall make.»

The prevalence of shorter, simpler emails is also consistent with my recent legal experience as a litigation associate in a large law firm before starting to teach legal writing full - time — an experience I have drawn on in trying to design realistic assignments.59 The emails I wrote often dealt with relatively straightforward substantive matters, procedural questions surrounding litigation, or some combination of the two, such as the steps for having an appellate court relinquish jurisdiction to correct a scrivener's error in a lower - court judgment or the timeline for responding to an in rem civil forfeiture action.

The supreme court shall have general appellate jurisdiction, co-extensive with the state, in both civil and criminal causes, and shall have a general superintending control over all inferior courts, under such rules and regulations as may be prescribed by law.

First, on the strict matter of appellate jurisdiction, the Court of Appeals said yes, it had such jurisdiction and in terms of the standard of review, «A district court decides a motion to compel arbitration under the same standard it applies to a motion for summary judgment» and that «the party opposing arbitration is given the benefit of all reasonable doubts and inferences that may arise.»

In B.C. the scope of appellate intervention in commercial arbitration is narrow: there is limited jurisdiction for appellate review of arbitration awards because B.C. is statutorily limited to questions of law (Arbitration Act, s. 31); even where such jurisdiction exists, the S.C.C. held that a deferential standard of review — reasonableness — «almost always» applies to arbitration awards (Sattva Capital v. Creston Moly Corp., [2014] 2 S.C.R. 633, at paras. 75, 104 and 106).

A further category of issues that will not be considered as «new» are those «that form the backdrop of appellate litigation, such as jurisdiction, whether a given error requires a remedy and what the appropriate remedy is the standard of review» (par.

Where a general statement of law applies to every jurisdiction and will be based on common caselaw principles, such as a Supreme Court of Canada decision or a consensus of appellate cases in various provinces, or on a common statutory provision, such as a similar provincial rule of civil procedure, or common employment standards legislation:

The appellate jurisdiction of this court is conferred by the Constitution, and not derived from acts of Congress, but is conferred «with such exceptions, and under such regulations, as Congress may make,» and, therefore, acts of Congress affirming such jurisdiction have always been construed as excepting from it all cases not expressly described and provided for.

When, therefore, Congress enacts that this court shall have appellate jurisdiction over final decisions of the Circuit Courts in certain cases, the act operates as a negation or exception of such jurisdiction in other cases, and the repeal of the act necessarily negatives jurisdiction under it of these cases also.

«its jurisdiction, and this affirmative description has been understood to imply a negation of the exercise of such appellate power as is not comprehended within it.»

«The Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make.»

The principle that the affirmation of appellate jurisdiction implies the negation of all such jurisdiction not affirmed having been thus established, it was an almost necessary consequence that acts of Congress, providing for the exercise of jurisdiction, should come to be spoken of as acts granting jurisdiction, and not as acts making exceptions to the constitutional grant of it.

What I would tell Clients, were I in a draconian jurisdiction that practiced such things, is the cost of going through the appellate process, likelihood of succeeding at the appellate stage, and a breakdown, like you said, of whether it is worth pursuing.