Sentences with phrase «summary jurisdiction courts»

Not exact matches

«The ICC pre-trial chamber issues a warrant if it determines that the summary of evidence that the prosecutor presented establishes reasonable grounds to believe that the person named has committed a crime within the court's jurisdiction.»

In summary, these provide that the court which has primary jurisdiction is the one for the place where the parties last lived together as husband and wife, assuming that one of them has continued to live there for the past 12 months.

In this role Carrie also coordinates and drafts summary judgment motions and motions in limine in state and federal court in multiple jurisdictions, and develops and prepares the trial and deposition testimony of expert witnesses and corporate representatives.

[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.

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).

The summary conviction appeal court judge dismissed the appeals on the basis that the trial judge had jurisdiction in both matters, that the rules of procedure in both trials would essentially have been the same, and that Sciascia was not prejudiced by any differences in the applicable rules of evidence.

In summary, the European regime provides a fixed set of rules for determining which court will have jurisdiction to decide a dispute.

Update 4:35 p.m.: In a ruling today, Federal Court Justice Russel Zinn held in Apotex Inc. v. Pfizer Ireland Pharmaceuticals that the Federal Court had jurisdiction to consider Apotex's impeachment action and motion for summary judgment and declared Pfizer's patent on Viagra, Canadian Patent No. 2,163,466 invalid.

Moreover, an Italian public authority seeking to shield itself behind the authority of the Italian courts to shut out the jurisdiction of the English courts may indeed be very unpleasantly surprised as was the case here where the Italian Regional Administrative Court of Piedmont refused jurisdiction in the above named cases in favour of the English courts, a fact taken into account in the judgement of the English court in the application for summary judgement as further justification for its decisCourt of Piedmont refused jurisdiction in the above named cases in favour of the English courts, a fact taken into account in the judgement of the English court in the application for summary judgement as further justification for its deciscourt in the application for summary judgement as further justification for its decision..

Duty of justice (2) A justice who receives an information under subsection (1) shall cause the parties to appear before him or before a summary conviction court having jurisdiction in the same territorial division.

In response to the application, the defendant raised the issue of the Master's jurisdiction under s. 9 (3) of the Court of Queen's Bench Act, and the availability of summary judgment in the context of a wrongful dismissal case.

In deciding that wrongful dismissal damages were not an appropriate matter for summary judgment, the court's reasoning expressly went beyond the question of the jurisdiction of a Master under the Court of Queen's Bench Act, but rather was based upon «the purpose and nature of summary judgment applications, trials and summary trials» (at paragraphcourt's reasoning expressly went beyond the question of the jurisdiction of a Master under the Court of Queen's Bench Act, but rather was based upon «the purpose and nature of summary judgment applications, trials and summary trials» (at paragraphCourt of Queen's Bench Act, but rather was based upon «the purpose and nature of summary judgment applications, trials and summary trials» (at paragraph 31).

In summary, the JT ruled that at the point of determining Assas» application there was no conflict between the two courts but a conflict of jurisdiction would arise if, at a later time, both courts endeavored to hear the case.

[18] Rule 20 was introduced in 1985, and it expanded the court's jurisdiction to grant a summary judgment from the jurisdiction provided in the former Rules of Practice, which was limited to specially endorsed writs and motions for summary judgment against defendants.

Lyons v Kinsel Court of Appeals Docket Nos 329584, 329597, 329607 (April 25, 2017)(affirming trial court decision to deny summary disposition for lack of personal jurisdicCourt of Appeals Docket Nos 329584, 329597, 329607 (April 25, 2017)(affirming trial court decision to deny summary disposition for lack of personal jurisdiccourt decision to deny summary disposition for lack of personal jurisdiction)

Summary In Company 1 v. Company 2 and another, the English court confirmed its jurisdiction to make orders, including granting interim injunctions, in support...

94 See D. Brock Hornby, Summary Judgment Without Illusions, 13 Green Bag 2d 273, 278 (2010)(«State court defendants who believe they have a shot at winning summary judgment frequently remove their cases to federal court if there is jurisdSummary Judgment Without Illusions, 13 Green Bag 2d 273, 278 (2010)(«State court defendants who believe they have a shot at winning summary judgment frequently remove their cases to federal court if there is jurisdsummary judgment frequently remove their cases to federal court if there is jurisdiction.

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.

(1) Starlight Shipping Co v Allianz Marine & Ors; Brit UW Ltd & Ors v Starlight & Ors; Brit UW & Ors v Imperial Marine & Ors [2011] EWHC 3381 (Comm); [2012] 2 All E.R. (Comm) 608; [2012] 1 Lloyd's Rep. 162; [2012] 1 C.L.C. 100 — summary judgment on claims by insurers against assured for breach of a settlement agreement and of jurisdiction agreements in the settlement and in the underlying policy of insurance — constitution of a fund from which to indemnify insurers against future loss and damage resulting from continuation of the foreign proceedings where no anti suit injunction could be granted due to Turner v Grovit and Front Comor — refusal of discretionary stay in favour of Greek court under Article 28 where stay would condone breach of contract.

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.&rCourt 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.&rcourt 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.»

With respect to (3), the ONCA noted that «while the court has jurisdiction to move on its own initiative to summary judgment, the requirement of notice must still apply» (and here there had been none).

Most people probably don't have a natural sense of the jurisdiction of each court — or even how many there are in their state — but an input like «California courts» will give you a summary of key stats about all the district courts in a given state, including a list of the largest cities in each of them.

The district courts shall also have jurisdiction of actions in summary process under chapter two hundred and thirty - nine and in the hearing and disposition of such actions shall have the same equitable powers and jurisdiction as is provided for the divisions of the housing court department pursuant to section three of chapter one hundred and eighty - five C.

On 18 May 2015, Barclays issued a summary judgment application on the basis that there is no defence to its claim that the Milan proceedings fall within contractual provisions giving exclusive jurisdiction to the English courts.

Akerman - Livingstone v Aster Communities Ltd [2015] UKSC 15 [2015] 2 WLR 721 Acting for a housing association resisting an appeal brought to the Supreme Court by a tenant to whom homelessness duties were owed — Equality Act 2010 defence to possession action — disability discrimination — summary jurisdiction

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.

With summary trial, there is more flexibility and jurisdiction for the court to grant judgment where «there is sufficient evidence for adjudication,» unless the Court is of the opinion that it would be unjust to decide the issue on the mocourt to grant judgment where «there is sufficient evidence for adjudication,» unless the Court is of the opinion that it would be unjust to decide the issue on the moCourt is of the opinion that it would be unjust to decide the issue on the motion.

Each chapter contains a brief summary of the Court system in that jurisdiction which again forms a basic introduction — but no more — to the different litigation procedures.

Philadelphia Municipal Court: Certified for trial of adult misdemeanor and summary cases and all matters within the jurisdiction of the court (except homicide preliminary heariCourt: Certified for trial of adult misdemeanor and summary cases and all matters within the jurisdiction of the court (except homicide preliminary hearicourt (except homicide preliminary hearings).

(2) Subject to subsection (3), each court of summary jurisdiction of each State is invested with federal jurisdiction, and jurisdiction is conferred on each court of summary jurisdiction of each Territory, with respect to matters arising under this Part.

(1) Any act or thing done or omitted to be done before or after the commencement of this Part under or in relation to a right or liability conferred, imposed or affected by section 114MI in relation to an ineffective order of a court of summary jurisdiction:

(2) An order that a non-judicial officer of a court of summary jurisdiction of a State has purported to make is an ineffective order if:

Note: Under section 39A of the Judiciary Act 1903, the jurisdiction conferred by this subsection on a State court of summary jurisdiction may only be exercised by certain judicial officers of the court.

The rights and liabilities of all persons are, by force of this section, declared to be, and always to have been, the same as if each ineffective order of a court of summary jurisdiction had been an order made by that court, in the exercise of its federal family jurisdiction, in or in relation to the proceedings for the order.

(1) A right or liability conferred, imposed or affected by section 114MI in relation to an ineffective order of a court of summary jurisdiction:

as if each ineffective order of a court of summary jurisdiction were an order made by that court, in the exercise of its federal family jurisdiction, in or in relation to the proceedings for the order.

(3) If a court, or a non-judicial officer of a court of summary jurisdiction of a State, has purported to affirm, vary, revoke, set aside, reverse, revive or suspend an ineffective order, a reference in this Part to the ineffective order is a reference to the order in the form in which, and to the extent to which, it purports or purported to have effect from time to time.

(a) the ineffective order had been an order made by a court of summary jurisdiction, in the exercise of its federal family jurisdiction, in or in relation to the proceedings for the order; and

(a) interfered with a right conferred or affected by section 114MI in relation to an ineffective order of a court of summary jurisdiction; or

(a) in the case of a court of summary jurisdiction of a State that has a Family Court of the State — to the Family Court of the Statcourt of summary jurisdiction of a State that has a Family Court of the State — to the Family Court of the StatCourt of the State — to the Family Court of the StatCourt of the State; or

(2) Subject to subsections (5) and (7), each court of summary jurisdiction of each State is invested with federal jurisdiction, and jurisdiction is conferred on each court of summary jurisdiction of each Territory, in relation to matters arising under this Act.

(5) A court of summary jurisdiction must not hear or determine proceedings under this Act otherwise than in accordance with any Proclamation in force under subsection (3).

(1) An appeal lies from a decree of a court of summary jurisdiction of a State or Territory exercising jurisdiction under this Act to the Family Court or to the Supreme Court of that State or Terricourt of summary jurisdiction of a State or Territory exercising jurisdiction under this Act to the Family Court or to the Supreme Court of that State or TerriCourt or to the Supreme Court of that State or TerriCourt of that State or Territory.

(5) Without prejudice to the duty of a court of summary jurisdiction to comply with this section, failure by such a court so to comply does not invalidate any order of the court in the proceedings.

(9) Subsection (8) does not affect the duty of a court of summary jurisdiction to comply with this section.

(a) from a Family Court of a State to a court of summary jurisdiction prescribed in regulations made for the purposes of section 44Court of a State to a court of summary jurisdiction prescribed in regulations made for the purposes of section 44court of summary jurisdiction prescribed in regulations made for the purposes of section 44A; or

(2) Each court of summary jurisdiction of each referring State is invested with federal jurisdiction with respect to matters arising under this Act in respect of which de facto financial causes are instituted under this Act.

(b) the institution of proceedings in, or the transfer of proceedings to, a court of summary jurisdiction in a specified part of a State or Territory;

(3) A court of summary jurisdiction must not hear and determine de facto financial causes otherwise than in accordance with any Proclamation in force under subsection (1).

(2) Subject to this Part, a matrimonial cause (other than proceedings of a kind referred to in subparagraph (a)(ii) or paragraph (b) of the definition of matrimonial cause in subsection 4 (1)-RRB- may be instituted under this Act in a Court of summary jurisdiction of a State or Territory.