Sentences with phrase «take jurisdiction of a case»

In one memorable case, Ms. Armstrong convinced a Texas judge to take jurisdiction of a case involving a mom and child who live in Dallas and a father who lives in California.

Not exact matches

«I observe with particular pleasure the view you have taken of the immunity of Religion from civil jurisdiction, in every case where it does not trespass on private rights or the public peace.

A few days later, Judge Teori Zavascki, who oversees the Car Wash Operation at the Supreme Court, took over the case involving Lula from Moro and demanded an explanation of why he had released taped phone calls involving Rousseff and other ministers (who can not be judged by lower jurisdictions without authorisation from the highest court).

«The proper procedure was for a suit to be filed at a court or tribunal which had jurisdiction over the claims of the parties, and if that court in the course of determining the case took the view that the said issue was one of interpretation, that court will refer the issue to the Supreme Court according to article 130 (2) of the 1992 constitution», he added.

«The law is clear, the court is obliged to determine the issue of jurisdiction first and I am inclined to take the application challenging the competence of this court to entertain the case,» he said.

Race and Education takes a close look at the five jurisdictions that were directly at issue in Brown and its companion case, Bolling v. Sharpe: Topeka, Kansas; the District of Columbia; Wilmington, Delaware; Prince Edward County, Virginia; and Clarendon County, South Carolina.

Like Volusia County in the Loggerhead Turtle cases, these local governments need to be aware that they could be found in violation of the ESA for allowing the take of endangered species by permitting cat colonies to be maintained, or if their animal control ordinance is deemed not to be specifically intended to protect endangered species from free - roaming cats in their jurisdiction.

But I voluntarily submitted to the Court's jurisdiction on the careless assumption that if they were that eager to take the case they were presumably capable of adjudicating it in a timely manner.

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).

Judicial review is concerned with whether these bodies have properly acted within their jurisdiction and thus each case will require a detailed analysis of the governing statute and the action purportedly taken under it.

Currently, the EU provides a mechanism which proscribes which country's jurisdiction takes precedence when there are two hearings taking place simultaneously in different countries; it enables court orders for maintenance, child contact or injunctions to be enforced in all member states; it enables information to be shared between nations so a partner can be located across borders; and it ensures cooperation between member states in cases of child abduction overseas.

«It looks like Congress has taken what I think is the unprecedented and rather bizarre step of expanding the jurisdiction of the federal courts to allow a particular District Court to take jurisdiction over a single case, that of Terri Schiavo.

In jurisdictions where privilege exists, certain steps can be taken in light of recent case law to maintain privilege over relevant documents.

Lawyers need to also take advantage of new tools which development in technology have brought about to work more effectively — lawyers now have access to tools that help make contract drafting and review quicker using artificial intelligence; tools that speed up research time by using electronic law reports, and there are even tools in other jurisdictions which attempt to use data to predict outcomes of court cases using predictive analytics.

On top of that, when parties settle their respective rights by way of an agreement, they are taking control of the outcome of their case and, in some circumstances, could potentially come up with resolutions that a court might not have the jurisdiction to make.

A lawyer can make a recommendation about when to accept a settlement offer and when to take a case to trial, depending upon the nature of the case, your injuries, permanency, etc., and also the jurisdiction where the case is pending.

While the experience in different jurisdictions varies, I suspect that in Alberta (and elsewhere), few lawyers would would want to take on a case worth less than $ 50,000, especially if bound by the full - scale rules of court.

Contrary to the highlighted language in the statute, the Wisconsin District IV Court of Appeals, whose district includes Dane County Circuit Court, took jurisdiction over the Clean Wisconsin case.

How the world looks at these transactions that involve different jurisdictions, what the gaps are in the local norm, and that in some cases the taxpayers take advantage of that gap to find a way to evade taxes or do not pay what corresponds; and

Taking a case study of P, an elderly and incapacitous care home resident who was deprived of her liberty, the panel of Polly Sweeney of Irwin Mitchell, Gabriel Beeby of Guildhall Chambers and Jess Flanagan of Clarke Willmott explored both jurisdictions» remit Continue reading →

In B.C., the Tribunal is currently hearing the case of Lorna Pardy, a lesbian who accused a comedian of discriminating against her at a nightclub, before a hearing takes place establishing the Tribunal's jurisdiction.

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.

Since being in force, Brussels II Revised has taken precedence in matters of jurisdiction and international recognition when it comes to divorce, international child abduction and custody cases.

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 decision..

This panel of Canadian legal experts will review case rulings that have taken place in various Canadian jurisdictions over the past year and discuss their practical implications for Factors and Asset Based Lenders operating in the Canadian marketplace.

In other words, Mr. Voisey's argument was better than in any of the cases above, but the costs ordered against him were the same amount as in Cain, where the court declined to even take jurisdiction.

Dutch Equity was an appropriate case where the court could rely on Article 8 (2)(e) to take advantage of the already developed body of company law cases in various common law jurisdictions because the DIFC Companies Law is based on common law principles.

The Court's decision in Google Inc. v. Equustek Solutions Inc., combined with its June 23, 2017 decision in Douez v. Facebook, Inc., illustrates the increasing awareness of courts around the world of the Internet's inherently global nature, and their increasing willingness to take jurisdiction in cases that cross borders.

In all three of the above cases, the Supreme Court of Canada affirmed the decisions below and found that the Ontario courts had properly taken jurisdiction and were convenient fora for the trial of the claims.

The council of war did not survive the Mexican War period, and, in our subsequent wars, its jurisdiction has been taken over by the military commission, which, during the Civil War period, tried more than 2,000 cases.

These two recent and historic verdicts illustrate the caliber of representation and ability The Cochran Firm, D.C.'s attorneys bring to the cases they take on when they represent injured victims and their families in Washington, D.C., Maryland, and Virginia, even in jurisdictions that are traditionally thought to be unreceptive to the claims of injured plaintiffs.

The jurisdiction of the Supreme Court is set out in the Constitution with some degree of flexibility by which the Legislature may add or take away certain categories of cases.

Although third - party funders generally do not (and in most common law jurisdictions can not) take control of the case and the client's decision - making, they will still expect some level of input and reporting.

This was a particularly important case as it confirmed that it is very difficult to argue that registration of any judgment of a member state would be contrary to public policy in view of the concept of mutual trust in the legal systems of other member states, especially in cases where points could and should have been taken in the original jurisdiction.

Before a Vancouver Supreme Court Justice will take charge of a family property division case involving overseas assets in China or Hong Kong or elsewhere our Mandarin speaking family law lawyers and Cantonese speaking property division lawyers have to determine if BC has jurisdiction to decide the family property case.

But, before we proceed to examine this part of the case, it may be proper to notice an objection taken to the judicial authority of this court to decide it, and it has been said that, as this court has decided against the jurisdiction of the Circuit Court on the plea in abatement, it has no right to examine any question presented by the exception, and that anything it may say upon that part of the case will be extrajudicial, and mere obiter dicta.

Where an inferior court can have no jurisdiction of a case of law or equity, the ground of objection is not taken by plea in abatement, as an exception of the given case from the otherwise general jurisdiction of the court; appearance does not cure the defect of judicial power, and it may be relied on by plea, answer, demurrer, or at the trial or hearing.

I consider, therefore, that, when there was a plea to the jurisdiction of the Circuit Court in a case brought here by a writ of error, the first duty of this court is sua sponte, if not moved to it by either party, to examine the sufficiency of that plea, and thus to take care that neither the Circuit Court nor this court shall use the judicial power of the United States in a case to which the Constitution and laws of the United States have not extended that power.

However, care should be taken in cases involving multiple jurisdictions, as the effect of showing or providing a potentially privileged document to the authorities may vary depending upon which law governs questions of privilege.

Where a court having jurisdiction under Articles 8 to 15 contemplates the placement of a child in institutional care or with a foster family and where such placement is to take place in another Member State, it shall first consult the central authority or other authority having jurisdiction in the latter State where public authority intervention in that Member State is required for domestic cases of child placement.

Small Claims Court is a practical and economically viable option when lawyers will not take up case and when the claim is slightly higher than the monetary jurisdiction of the court.

The original trial judge said that that previous case, in which the Crown took a case against Wallace Duncan Smith, meant «that the Crown Court had jurisdiction to try the appellants for their conduct because a substantial measure of the activities constituting the crime took place in England,» according to the Court of Appeal.

247 pieces of information for each case, roughly broken down into six categories: (1) identification variables (e.g., citations and docket numbers); (2) background variables (e.g., how the Court took jurisdiction, origin and source of the case, the reason the Court agreed to decide it); (3) chronological variables (e.g., the date of decision, term of Court, natural court); (4) substantive variables (e.g., legal provisions, issues, direction of decision); (5) outcome variables

Similarly, they can call for disputes to be under the non-exclusive jurisdiction of US courts - if an action was brought in an Australian court the court would probably decide that they do not have jurisdiction and tell the plaintiff to take their case to the US.

Second: countries can obtain jurisdiction over criminal acts that took place outside of its own territory under many doctrines: for instance, if you used your boat for human trafficking or child prostitution, the U.S. would likely have jurisdiction over any case in which an American was a victim under the doctrine of passive personalty.

Likewise the (non) possibility for individuals to challenge regulations before the CJEU, the right of action (and rule of law) principle can not circumvene the Treaties: the issue is that the CJEU stated that judicial review on CFPS is a matter «within» the sphere of EU Treaties, so that MS (and EU Institutions) can not take action which may impact on them by using «outside» procedures; the rationale is the same used in other cases: if the matter is covered by EU law, absence of a specific rule in EU law does not enable MS (or the Institutions) to act: in the Advice on the Lugano Convention on Jurisdiction, the mere indirect effect of the Convention of the 44/2001 Regulation was considered sufficient to make the matter fall «wholly» within EU competence, thus depriving the MS of the power to act.

Suppose that the Commissioners do anything without or against their Commission, without doubt this is reformable and examinable here: But -LSB-...] this Court can not take notice whether their decrees are just or not: We are alone to examine their Jurisdiction of the case, not their Justice [3].

In highly contentious divorce cases, particularly where one of the parents has ties to another jurisdiction, be it within Canada or internationally, the odds that abduction will take place increase significantly.

The second reported case where an Alberta court has made an «in personam» order regarding real property outside of Alberta is the case of Welsh v Welsh which followed both Catania and Mitrovic and in fact, took the issue of jurisdiction one step further.

• As there are relatively few cases that go to trial in IP matters in Canada compared with other areas of law or even compared with other jurisdictions, and as it takes the Canadian government so long to adopt new legislation, it may be challenging to advise clients about the rights, recourses, and remedies they may have when dealing with innovative matters.