Sentences with phrase «which exclusive jurisdiction»

State Court has unlimited civil jurisdiction except for cases in which exclusive jurisdiction is vested in the Superior Court (O.C.G.A. § 15 -7-4 (a)(2)-RRB-.

It held that there is nothing in the Constitution that confers exclusive jurisdiction on the Federal High Court to determine criminal causes and matters in respect of the civil matters for which exclusive jurisdiction is conferred by the Constitution under Section 251 (1).

Not exact matches

A mere reference to a provision of the constitution for a court lower than the Supreme Court to consider will not amount to interpretation as envisaged under articles 2 (1) and 130 (1) of the 1992 constitution which reserves for the exclusive jurisdiction of supreme court, if it comes to the interpretation of any provisions in the constitution».

For any matters which are not subject to arbitration as set forth in these Official Rules and / or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and / or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of New York in the State of New York.

The Children's Trust is by statute (Section 125.901 (2)(a)(3)-RRB- required to allocate and provide funds for other agencies in the county which are operated for the benefit of children, provided they are not under the exclusive jurisdiction of the public school system.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

Subtitle E: Additional Market Assurance -(Sec. 351) Amends the Commodity Exchange Act to: (1) require energy derivatives to be traded on a CFTC - regulated exchange unless CFTC issues an exemption; (2) require CFTC to fix limits, with respect to energy transactions, on the aggregate number of positions which may be held by any person for each month across all markets subject to the CFTC's jurisdiction; (3) require CFTC to convene a Position Limit Energy Advisory Group to give CFTC recommendations on such position limits; (4) give CFTC exclusive authority to grant exemptions for bona fide hedging transactions and positions from position limits imposed on energy transactions; (5) revise provisions concerning bona fide hedging transactions; and (6) require CFTC to issue a rule defining and classifying index traders and swap dealers for the purposes of data reporting requirements and setting routine detailed reporting requirements for any position of such entities in contracts traded on designated contract markets, over-the-counter markets, derivatives transaction execution facilities, foreign boards of trade, and electronic trading facilities with respect to significant price discovery contracts.

Justice Ruth Bader Ginsberg in the court opinion wrote, «Maryland's regulatory program to encourage development of new in - state energy generation is preempted by the Federal Power Act, which vests in the Federal Energy Regulatory Commission exclusive jurisdiction over interstate wholesale electricity rates.»

In a scenario which played itself out in various European capitals the measures imposed by the Icelandic government in order to prop up its banking system potentially undermined the agreement's exclusive jurisdiction clause in favour of the English High Court as well as its governing English law provision.

In that case the exclusive English High Court jurisdiction and English governing law clauses were contained in a share sale agreement which was the subject of High Court proceedings against the German defendant.

In denying this argument, the adjudicator noted that the administrative Tribunal (which is now the exclusive venue for accident benefits disputes) has no jurisdiction to grant equitable relief.

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 also accords with other decisions of the British Columbia and Ontario Courts of Appeal which have determined that a strata or condominium corporation does not have exclusive jurisdiction to pursue claims involving common elements.

If a forum state's courts have «general jurisdiction» over a defendant, this means that the defendant can be sued in that forum on any cause of action against that defendant arising anywhere in the world, regardless of any other relationship that the claim has to the forum state (except for claims in the exclusive jurisdiction of the federal courts which can be brought in a U.S. District Court located in the same state, or in an arbitration forum pursuant to a valid arbitration clause that binds the parties, an issue beyond the scope of this question and answer).

Although the courts in the state in which the child is currently located have exclusive custody jurisdiction from their own perspective, if the child is taken to visit another country, the courts there will often have jurisdiction under the local law of that country to determine what is best for the child.

Today, the Cairo Court of Appeal, which has exclusive jurisdiction over international commercial arbitration matters, and the Cairo Regional Centre for International Commercial Arbitration (CRCICA) are two key players in the development of Cairo as a dispute resolution hub.

Sir Anthony Clarke MR (giving the judgment of the court): The facts found by the judge were that the Coalition Provisional Authority in Iraq (following the ousting of the government of Saddam Hussain) had issued an order whereby the multinational force (of which British troops formed a pArt) should be «immune from Iraqi legal process» and that all personnel should be «subject to the exclusive jurisdiction of their sending States».

Health profession regulators may note that possible infringements of human rights as part of a registration process may be assessed not only by the Human Rights Tribunal, but also by the Health Professions Review Board, which has exclusive jurisdiction to determine matters of fact, law and discretion relating to registration decisions, at least where a college ultimately refuses to grant registration, or has grants registration with limits or conditions.

Although the province's Limitations Act sets a two - year deadline for court proceedings, a Superior Court judge struck the claim after finding it fell within the exclusive jurisdiction of the Landlord and Tenant Board, which has a one - year limitation period set by Ontario's Residential Tenancies Act (RTA).

The first law provided Mexico's tax court with the exclusive jurisdiction over claims relating to public contracts (which the dispute in the arbitration arose under) and moreover, retroactively changed the statute of limitations to make a claim under public contracts from 10 years to 45 days.

By the Judicial Authority Law, as it is known, (Law No 12 of 2004), the jurisdiction of the DIFC Courts was created and Article 5 set out the exclusive jurisdiction of the Court of First Instance (CFI) to hear and determine (inter alia) civil or commercial claims which fall within subparagraphs A (1)(a)- (e).

It would be strange if, in a case where the powers of the two courts are united in one court, from whose judgments an appeal lies, causes of which the district courts have exclusive original jurisdiction should be excepted from the operation of the appellate power.

The Court made a number of comments in reaching this conclusion, which suggest that federalism concerns, and particularly the doctrine of «interjurisdictional immunity» in favour of Canada's exclusive jurisdiction over «Indians and lands reserved for Indians», have no place at all in assessing the infringement of section 35 rights by provincial laws of general application.

It exercises the discretionary power of a State Government in authorizing the establishment of a court in which the judges hold their appointments for a term of years only, and not during good behaviour, and it exercises the power of the General Government in investing that [p446] court with admiralty jurisdiction, over which the General Government had exclusive jurisdiction in the Territory.

Answer: Section 1 of the proposed legislation relates to the capacity to marry which is within the exclusive jurisdiction of Parliament.

H - B, per Kekere - Ekun, JSC: ``... It is settled law that a court in one state does not have jurisdiction to hear and determine a matter which is within the exclusive jurisdiction of another state.

(1) The court or courts of a Contracting State designated in an exclusive choice of court agreement shall have jurisdiction to decide a dispute to which the agreement applies, unless the agreement is null and void under the law of that State.

The supreme judicial and superior courts shall have original and concurrent jurisdiction of all cases and matters of equity cognizable under the general principles of equity jurisprudence and, with reference thereto, shall be courts of general equity jurisdiction, except that the superior court shall have exclusive original jurisdiction of all actions in which injunctive relief is sought in any matter involving or growing out of a labor dispute as defined in section twenty C of chapter one hundred and forty - nine.

The court shall have exclusive original jurisdiction of civil actions for the foreclosure of mortgages, and of real and mixed actions, except those of which the land court or district courts have jurisdiction, of complaints for flowing lands, and of claims against the commonwealth.

Exclusive jurisdiction, which means only workers» compensation organizations provide workers» compensation insurance.

Ravel Law, as a private entity (in which Harvard holds a 4 % equity interest), has an eight - year exclusive license to commercially exploit the files, but the deal provides for early expiration on a jurisdiction - by - jurisdiction basis as each «publishes its future court decisions online in an acceptable format.»

You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts.

As the Superior Court judges» application shows, in Québec, the exclusive jurisdiction of (what at Confederation became) section 96 courts started at $ 100, which, adjusted for inflation, is said to be less than $ 10 000.

With urging from the provinces, including Alberta and Saskatchewan, the Court decided that provincial laws can apply to Aboriginal title lands and Treaty rights, which up until then had been understood to be under exclusive federal jurisdiction.

Prof. Conduct 123 (2001)(subject to the operational structure and content described in the opinion, a lawyer may affiliate with an online legal services website); Nebraska Op. 07 - 05 (lawyer may participate in internet lawyer directory which identifies itself as a directory, disclaims being a referral service and only lists basic information about lawyers without recommending specific lawyers and charges a reasonable, flat annual advertising fee); New Jersey Committee on Attorney Advertising Op. 36 (2006)(lawyer may pay flat fee to internet marketing company for exclusive website listing for particular county in specific practice area if listing includes prominent, unmistakable disclaimer stating the listings are paid advertisements and not endorsements or authorized referrals); North Carolina Op. 2004 - 1 (lawyer may participate in for - profit online service that is a hybrid referral service - legal directory, provided there is no fee - sharing with the service and communications are truthful); Oregon Op. 2007 - 180 (2007)(lawyer may pay nationwide internet referral service for listing if listing is not false or misleading and does not imply that the lawyer can represent clients outside jurisdictions of the lawyer's license, fee is not based on number of referrals, retained clients or revenue generated by listing and the service does not exercise discretion in matching clients with lawyers); Rhode Island 2005 - 01 (permitting website that enables lawyers to post information about their services and respond to anonymous requests for legal services in exchange for flat annual membership fee if website exercises no discretion over which requests lawyers may access); South Carolina 01 - 03 (lawyer may pay internet advertising service fee determined by the number of «hits» that the service produces for the lawyer provided that the service does not steer business to any particular lawyer and the payments are not based on whether user ultimately becomes a client); Texas Op. 573 (2006)(lawyer may participate in for - profit internet service that matches potential clients and lawyers if selection process is fully automated and performed by computers without the exercise of human discretion); Virginia Advertising Op.

Access to and use of this website is subject to and governed by the laws of India and the Courts in Bangalore, India shall have exclusive jurisdiction in relation to any matter that may arise in relation thereto User's access of this website is at their own risk and the User shall be responsible for compliance with any other laws to which the User may be subject.

79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide seller client with agency disclosure form prior to entering into listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to seller by referring seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect seller's interests; improper for broker to use listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained