Sentences with phrase «where statutory limits»

Not exact matches

(Sometimes it may be hard to tell just where the limits are for people crossing the provincial border, so some statutory guidance is useful, as in the franchise legislation at issue here.)

Existing statutory limits on federal court jurisdiction limit the jurisdiction of the U.S. District Courts in most cases of cases to cases in which a state court in the state where the U.S. District Court is located would have either general jurisdiction or specific jurisdiction of the defendant (without regard to the fact that the case might be within the exclusive jurisdiction of the federal courts as a matter of subject matter jurisdiction which pertains to the nature of the cause of action asserted rather than the ties of the defendant to the forum state).

It's that time of year where compensation limits for claims such as unfair dismissal and for statutory redundancy payments are reviewed.

Aside from certain very limited statutory exceptions where privilege may exceptionally be overridden (see Section 31.7.2), the principal situation [145] where communications may not be protected by privilege is the crime - fraud exception.

Although limited to the statutory scheme found in Alberta, the Pridgen case stands for the proposition that university administrators should ensure that Baker procedural fairness is applied by providing full reasons to explain the rationale for decisions, especially where penal sanctions are invoked.

Exceptions may be carved out for jobs requiring certain physical abilities or where there is a statutory age limit for a particular job.

However, as Lord Phillips, the head of the UK Supreme Court, argued last month in a fascinating lecture on statutory interpretation, the courts may be moving towards a position where a limited number of acts of parliament — including the Human Rights Act — are seen to have attained in law the status of «constitutional statutes».

Sonoma Risk has now expanded its Attorneys» Fees Risk Insurance (AFRI) suite of products, which initially covered only contract disputes (Contract Litigation Insurance or CLI), to also include these products: Annual Attorney's Fees Edge (AAFE)-- insurance coverage for fee awards with coverage limits beginning at $ 10,000 and going up to $ 100,000 to cover situations even before litigation is commenced on an annual basis; Statutory Attorneys» Fees Edge (SAFE)-- coverage for the risk of paying an opponent's attorney's fees arising out of many federal or state statutes; and Court Awarded Annual Attorneys» Fees Edge (CAFE)-- coverage for the risk of paying fees where there are multiple exposures of paying an adversary's attorney's fees or where the exposure of loser pays is a possibility, but not yet clearly identified.

Unlike statutory time limits which expressly apply and about the application of which there is no discretion — except where LA 1980 expressly provides — where the court is asked to apply a limitation period by analogy it is open to it to refuse to do so where there are circumstances rendering this unjust (see ICF Spry The Principles of Equitable Remedies, 6th ed, pp 419 — 20).

That statutory scheme sets forth that judicial review of the Award is limited to vacatur or modification of the Award on specifically enumerated grounds, including «where the award was procured by corruption, fraud or undue means.»

Section 3 (b) of Executive Order 13132 recognizes that national action limiting the policymaking discretion of states will be imposed «* * * only where there is constitutional and statutory authority for the action and the national activity is appropriate in light of the presence of a problem of national significance.»

The regulations provide for the extended time limit to apply where the parties are complying with a statutory dispute resolution mechanism.

As discussed in chapter 2, the present provisions of the NTA limit compensation for the extinguishment and impairment of native title rights to those situations where statutory extinguishment or impairment exceeds that which would have occurred either at common law or where compensation would have been available by virtue of the RDA.