Documents about Exclusive Jurisdiction
EconomicSanctionsChapter9
Virgin Islands, LAW 326
Excerpt: ... nds requirement 9. Remedies for Unlawful Strikes and Lockouts, cont S.135 Board orders can be filed in the Supreme Court of BC and they are enforceable as orders of the Court. S. 136 The Board has exclusive jurisdiction regarding the regulation of strike and lockouts S.137 (1) s a privative clause re-enforcing that the Board has exclusive jurisdiction to regulate strikes and lockouts S.137(2) preserves the jurisdiction of the court to entertain proceedings and make orders with respect to wrongful acts or omission causes immediate danger of serious injury to an individual or actual obstruction or physical damage to property 9. Remedies for Unlawful Strikes and Lockouts, cont S.137(3) prohibits ex parte injunctions regarding strikes or lockouts S.137(5) if the Board has made a declaration that a strike or lockout is unlawful then a court has the jurisdiction to award damages for losses or injury suffered as a consequence of the conduct contravening Part 5 (which deals with s ...
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4169e-2007-s1-lecture-topic8-personal-remedies
Allan Hancock College, LAW 4169
Excerpt: ... ce equitable rights and duties (in the exclusive jurisdiction of equity). Where the claim in equity's exclusive jurisdiction it need not be shown that common law damages would suffice 3. Common law remedies are not available to enforce purely equitable rights and duties except under Lord Cairns Act) (ie equitable damages) 1 The nature of Equitable Remedies Equitable remedies, both proprietary and personal, are discretionary courts may take into account general factors including: Good conscience of the applicant (`clean hands') Delay (aka `laches') Hardship for the defendant Difficulty of judicial enforcement See Baburin v Baburin [No 2] [1991] 2 QdR 240 Unlike common law causes of action, claimant may be denied relief even where action made out courts use this discretion in principled manner, however 2 Types of Equitable Personal Remedies (a) Account of Profits = Disgorgement of D's gain not the P's loss Profits that would otherwise have been P's . flowing from breach of duty The ...
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4169e-2007-s1-lecture-topic8-personal-remedies
Allan Hancock College, LAW 4169
Excerpt: ... available to enforce equitable rights and duties (in the exclusive jurisdiction of equity). Where the claim in equitys exclusive jurisdiction it need not be shown that common law damages would suffice Common law remedies are not available to enforce purely equitable rights and duties except under Lord Cairns Act) (ie equitable damages) 1 The nature of Equitable Remedies Equitable remedies, both proprietary and personal, are discretionary courts may take into account general factors including: Good conscience of the applicant (clean hands) Delay (aka laches) Hardship for the defendant Difficulty of judicial enforcement See Baburin v Baburin [No 2] [1991] 2 QdR 240 Unlike common law causes of action, claimant may be denied relief even where action made out courts use this discretion in principled manner, however 2 Types of Equitable Personal Remedies (a) Account of Profits = Disgorgement of Ds gain not the Ps loss Profits that would otherwise ha ...
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sec13
ASU, CONLAW 1
Excerpt: ... SECTION 13 of the Judiciary Act of 1789 And be it further enacted, That the Supreme Court shall have exclusive jurisdiction of all controversies of a civil nature, where a state is a party, except between a state and its citizens; an except also between a state and citizens of other states, or aliens, in which latter case it shall have original but not exclusive jurisdiction . And shall have exclusively all such jurisdiction of suits or proceedings against ambassadors, or other public ministers, or their domestics, or domestic servants, as a court of law can have or exercise consistently with the law of nations; and original, but not exclusive jurisdiction of all suits brought by ambassadors, or other public ministers, or in which a consul, or vice consul, shall be a party. And the trial of issues of fact in the Supreme Court, in all actions at law against citizens of the United States, shall be by jury. The Supreme Court shall also have appellate jurisdiction from the circuit courts and courts of the several ...
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bagley5th_03
Bowling Green, PP 2006
Excerpt: ... Court Systems Federal Courts: courts of limited subject matter jurisdiction, meaning they can adjudicate only certain types of cases. State Courts: courts that have general subject matter jurisdiction and can therefore hear any type of dispute. Copyright 2006 by West Legal Studies in Business A Division of Thomson Learning 6 FederalJurisdiction Federal Question jurisdiction exists when a dispute concerns federal law, statutes, or administrative regulation or treaties of the United States. Diversity Jurisdiction exists in lawsuits between citizens of different states and the amount in controversy, exclusive of interest and all costs, exceeds $75,000. The 7 Erie Doctrine set forth in Erie Copyright 2006 by West Legal Studies in Business A Division of Thomson Learning StateFederalJurisdiction State Exclusive Jurisdiction Federal Exclusive Jurisdiction Bankruptcy Admiralty Patent Copyright Trademark Infringement Recovery of Internal Revenue Tax Tort Action against the ...
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opinion18sept06
LSU, SG 18
Excerpt: ... Docket 06-08 The Trial Court of Louisiana State University found it necessary to answer the following questions submitted to it, and whereby laid precedent for future recall elections. The court had jurisdiction in the matter under the Student Government Constitutions Article IV Section 5 Subsection 2, To hear and issue judgments upon all cases and controversies arising under the Student Government Election Code and elections held by the Election Board, and also Article IV Section 6 Subsection 1, In cases arising under Section 5 of this Article, the University Trial Court shall have original and exclusive jurisdiction . Certain questions were raised by both parties pretrial and during the trial. The questions and answers are as follows: 1.) The prosecutor wanted to first know, If a recall election were to occur, would the petition affect both the president and vice president? This question was also asked by the defense citing the courts interpretation of how should "electorate of the of ...
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blaw302Gleimvocab
CSU Chico, BLAW 302
Excerpt: ... to hear a case. 21. exclusive jurisdiction - when a case can only be tried in a state or federal court. 22. writ of certiorari- petition after a decision by a court of appeals that is circulated among the 9 judges of whom at least 4 must vote in favor for review. Ch. 3 1. civil litigation- an adversarial proceeding in which a party, the plaintiff, may sue another party, the defendant, to obtain redress for a wrong committed by the defendant. 2. civil suit in contract- a party alleges that another party breached an enforceable agreement. 3. civil suit in tort- a party alleges that another party breached a legal duty arising from society's expectations of acceptable conduct and that the breach caused injury to the person or property. 4. cause of action claim- a claim sufficient in law and fact to demand judicial attention. Right by which a party may institute a judicial proceeding. Exists the moment the injury occurs. 5. standing- ability to sue. 6. complaint- plaintiff has initiated the lawsuit by filing wi ...
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lawexam1
Virginia Tech, UAP 4344
Excerpt: ... John Peters 231373218 UAP 4344 Exam 1 Part I. A. Concurrent jurisdiction occurs when two or more courts have the power to hear a case. Exclusive jurisdiction occurs when only one court has the power to hear a case. Both of these terms relate to whether or not a court has the jurisdiction to hear a case. In Virginia, courts have concurrent jurisdiction with the Circuit Courts when claims are in between $3000 and $15000, excluding interest or attorney fees. Also in Virginia, the General District Court has exclusive jurisdiction for claims that are less than $4500. The Circuit Courts in Virginia have exclusive jurisdiction over cases exceeding $15000 in claims. B. Reverse means to overthrow, make void or to repeal a judgement or sentence. Dissent is the term to describe the judge or judges opinion that is opposite of the majority or ruling opinion of a case. Affirm refers to when an appellate court reiterates or reinforces the judgement of a lower court. All of the terms or decisions have been used in the cases ...
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Lecture 5 Feb 1
Yale, PLSC 203
Excerpt: ... Inequality and American Democracy Organized Labor and American Politics Lecture by Melissa Mason 1) Industrial Democracy-American Style a) Defined: economic arrangement in which decisions on the firm level are made collectively by the people who work in them b) Not socialism-common ownership of means of production not at issue c) Response to relatively massive industrial conflict 2) AFL-CIO am. Fed. Of labor. a) AFL-skilled craft workers; , exclusive jurisdiction ; nativism; regionalism; racism; ,business unionism b) CIO-workers organized by industry rather than craft; extended more to black and immigrants from Eastern and southern Europe c) Merged in 1955 3) The New Deal and Labor Legislation a) 1935-Wagner Act (national Labor Relations Act) i) Protected rights of most workers in private sector to organize, seek collective bargaining, and strike ii) Prohibited unfair labor practices by employers iii) Established the NLRB iv) Institutionalized collective bargaining 4) Taft-Hartley and subsequent legislati ...
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4140-2007-s2-lec-oh-breach-of-confidence
Allan Hancock College, LAW 4140
Excerpt: ... ISSUES 1. The Nature of the Action for Breach of Confidence 2. The Nature of the Information 3. The Information Must Have Been Imparted in Circumstances Giving Rise to an Obligation of Confidence 4. Actual or Threatened Unauthorised Disclosure or Use of the Information 5. Defences 6. Remedies THE NATURE OF THE ACTION FOR BREACH OF CONFIDENCE What is the jurisdictional basis of the action? Contract? Tort? Equity? - auxiliary jurisdiction as an aid to contractual rights? - exclusive jurisdiction of equity where the plaintiff has no legal rights? Basis? on an obligation of conscience arising from the circumstances in which the information was imparted or obtained. ...
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090225-Appeals_Introduction
Washington, B 500
Excerpt: ... Civil Procedure II Appeals: Introduction Appeals: Jurisdiction of the Supreme Court 28 U.S.C. 1251: Original jurisdiction The Supreme Court has original and exclusive jurisdiction over all controversies between two or more states The Supreme Court has original, but not exclusive jurisdiction over: Actions to which ambassadors, public ministers, consuls, or foreign states are parties; Controversies between the United States and a state; and Actions by a state against citizens of another state or against aliens Appeals: Jurisdiction of the Supreme Court 28 U.S.C. 1254: Courts of appeals; certiorari, certied questions Cases in the courts of appeals may be reviewed by the Supreme Court by the following methods By writ of certiorari granted upon the petition of any party in a civil or criminal case By certication of any question of law in any civil or criminal case as to which instructions are desired and upon certication of the Supreme Court The Supre ...
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bus 305 Chapter 4 BUS 305 Book Study Guide
N.C. State, BUS 305
Excerpt: ... oncurrent Jurisdiction: Concurrent: exists when both federal and state courts have the power to hear a case, as is true in suits involving diversity of citizenship. Exclusive: exists when cases can be tried only in federal courts or only in state courts. Federal courts have exclusive jurisdiction in cases involving federal crimes, bankruptcy, patents, and copyrights; in suits against the United States; and in some areas of admiralty law (law governing transportation on the seas and ocean waters). States also have exclusive jurisdiction in certain subject mattersdivorce and adoption When concurrent jurisdiction exists, a party has a choice of whether to bring a suit in a federal or state court. The party's lawyer will consider several factors in counseling the party as to which choice is more desirable. Factors include the familiarity the lawyer has with courts' procedures, judges' sympathy, the state court's docket (the court's schedule listing the cases to be heard) is crowded and it could be brought to ...
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Picketing
Virgin Islands, LAW 326
Excerpt: ... Economic Sanctions Picketing Chapter 9, pp.9-24, 9-30-59 Lecture Outline: 1. Purpose of picketing 2. Distinctive feature of BC Code exclusive jurisdiction of Board to regulate picketing 3. Tactics leaf-letting versus picketing- s.64 4. Regulation of the Location of Picketing 1. Picketing and the Charter 2. Impact on BC Code 1. Purpose of Picketing Historically picketing is the primary tactic used by workers who are on strike. Picketing is designed to publicize the strike and to persuade people to support the strikes by not doing business with employers against whom workers are non strike or employers who have locked out workers Picketing audience people in general, consumers, other workers who work for the employer, other workers who work for employers who are doing business with struck employers, and other employers. Tension: informational solidarity tactics permitted but intimidating and coercive tactics are prohibited 2. Distinctive Feature of the BC Code A dist ...
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Eliscu
Pace, CIVPRO 2
Excerpt: ... United States Court of Appeals for the Second Circuit, T.B. HARMS COMPANY v. ELISCU 339 F.2d 823. 1964. FRIENDLY, CIRCUIT JUDGE: A layman would doubtless be surprised to learn that an action wherein the purported sole owner of a copyright alleged that persons claiming partial ownership had recorded their claim in the Copyright Office and had warned his licensees against disregarding their interests was not one arising under any Act of Congress relating to * * * copyrights over which 28 U.S.C. 1338 gives the federal courts exclusive jurisdiction . Yet precedents going back for more than a century teach that lesson and lead us to affirm Judge Weinfelds dismissal of the complaint. The litigation concerns four copyrighted songs; we shall state the nub of the matter as alleged in the complaint without going into details irrelevant to the jurisdictional issue. The music for the songs was composed by Vincent Youmans for use in a motion picture, Flying Down to Rio, pursuant to a contract made in 1 ...
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Subject Matter Jurisdiction Model Answers
University of Texas, LAW 433
Excerpt: ... er the constitution, laws, or treaties within 1331 only if a federal question would appear on face on the complaint. (c) Key Question: Does federal law supply an element of the claim? (i) The answer to that question will always be yes when federal law creates the claim. (3) The "Complete Preemption" Doctrine (rare) (a) The doctrine authorizes removal in a few cases that would not otherwise be removable. (i) But state law is completely preempted only when Congress creates an exclusive federal remedy which displaces state law. (4) Federal claims can be litigated in state courts unless Congress has given EXCLUSIVE jurisdiction to the federal courts. Removal-the statutory right of a defendant to remove a case from state to federal court. Not meant to expand federal jurisdiction but merely to make it available to defendants. 1) When removed, the entire CASE is removed, not just claims. 2) Found in 28 USC 1441. focus on (a) and (b). a) First sentence of 1441(a) allows a to remove a case from state to fed cour ...
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2004113_r11o_0201439
Stanford, EMDG 1025
Excerpt: ... nt of experienced trial counsel; 5) the nature of the negotiations; 6) the absence of any objections by the class members; 2 and 9) the public interest. In addition, the Court notes that Plaintiffs' counsels ' lodestar exceeds the fee awarded. 4. Exclusive jurisdiction is hereby retained over the parties and the Class Members for all matters relating to this litigation, including the administration, interpretation, effectuation or enforcement of the Stipulation and this Order and Final Judgment. 5. An appeal of the portion of this Order which awards attorneys' fees or expenses shall have no effect whatsoever on the finality of any other portion of this Order and Final Judgment or the Effective Date of the Settlement. Class Members appealing this Order and Final Judgment or any portion thereof must first timely intervene pursuant to Rule 24 of the Federal Rules of Civil Procedure. SO ORDERED: DATED: November 4 , 2004 /s/ Patricia A . Gaughan THE HONORABLE PATRICIA A. GAUGHAN UNITED STATES DISTRICT JUD ...
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readme
TCU, BJONES 20263
Excerpt: ... pp-lecture The PowerPoint slides in this folder are designed to be used to support lectures on the textbook contents. They include the text figures plus bulleted lists and other slides that reflect the narrative. Some instructors choose to post the ...
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THE LOTUS
GWU, PSC 144
Excerpt: ... THE LOTUS o French vs. Greece o After collision between French steamer Lotus and Turkish steamer BozKourt and subsequent criminal proceedings against officer of watch on board of the Lotus at the time, the court has to decide 1. has turkey acted in conflict of intl law principles and if so what principles in this scenario 2. is their $ needed to be gived o Court said collision took place on high seas no territorial jurisdiction besides France and Turkey do not enter as account o French govt maintained that the breach stays under whose flag the vessel sails o Article 6 of Turkish Penal Code specify's the "TURKISH" legality o Important: Since intl law governs relations betwn indpt states, restrictions upon independence of States cannot therefore be presumed o Court had to ascertain whether there exists rule of intl law limiting freedom of states to extend the criminal jurisdiction of their courts in the present situation Court decides that since ther is no rule establishing exclusive jurisdiction of state wh ...
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StudyGuideS08C
Illinois Tech, MATH 149
Excerpt: ... <STUDYGUIDES08C.TXT> {5-9-2008} Math 149 Spring 2008 Final Study Guide, Part III - Chapter 6 Concept Check, p. 378: 1,2,3,4,5 Exercises: 1-6, 7-11, 12-16 Chapter 9 Concept Check, p. 598: 1 Exercises: 1, 3a, 7 ...
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Criminal_Jurisdiction_(1)
Washington, A 565
Excerpt: ... American Indian Law A565 / Autumn 2007 Criminal Jurisdiction in Indian Country Indian Country Crimes Act (aka General Crimes Act) Except as otherwise expressly provided by law, the general laws of the United States as to the punishment of offenses committed in any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country. This section shall not extend to [1] offenses committed by one Indian against the person or property of another Indian, [2] nor to any Indian committing any offense in the Indian country who has been punished by the local law of the tribe, [3] or to any case where, by treaty stipulations, the exclusive jurisdiction over such offenses is or may be secured to the Indian tribes respectively. 18 U.S.C.A. 1152 a) Any Indian who commits against the person or Major Crimes Act property of another Indian or other person any of the following offenses, namely, [list of crimes] within the Indian country, shall be ...
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Learning
Washington, CIVPRO 03
Excerpt: ... ithstanding the verdict) How the judicial system is organized Examples: Pyramidal structure of trial and appellate courts Dual system of federal and state courts with overlapping jurisdiction The stages of the litigation process Examples: Choice of forum Subject matter jurisdiction Territorial jurisdiction Venue Summons and complaint 12(b) Motions Discovery Summary Judgment Trial 1 Level 2: Clearing Away Misconceptions Youll inevitably take wrong turns in your understanding of the legal system that will get in your way of your other levels of learning. One of your tasks is to be willing to make mistakes, and reveal your misunderstandings, so you can clear them up. Examples: Not understanding that The word rule means many different things. See, You Mean Thats a Rule, Too? State and federal courts have concurrent subject matter jurisdiction over federal questions (unless the constitution or Congress has granted exclusive jurisdiction to the federal courts) Stating a claim requires a ...
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1981rcs1-29
Neumont, EN 1981
Excerpt: ... nt on December 9, 1978, the adoption of the child was allowed at that date. With regard to the laws of Ontario, although the consent of the female appellant which was given prior to the birth is not valid, in view of subs. 73(2) of The Child Welfare Act, the Ontario Court has the power under subs. 73(5) and (6) of the Act to grant an adoption in the interests of the child, despite the absence of consent by the mother. On December 9, 1978, therefore, adoption of the child was allowed by the laws of Ontario. As the child was capable of being adopted, the Youth Court has exclusive jurisdiction to rule on the custody of the child and, in due course, on its adoption keeping in mind the laws of Quebec and Ontario. Stevenson v. Florant, [1925] S.C.R. 532, affirmed by [1927] A.C. 211; Marshall v. Fournelle, [1927] S.C.R. 48, affirming (1926), 40 Q.B. 391; Kivenko v. Yagod, [1928] S.C.R. 421, affirming (1928), 44 Q.B. 330; Dugal v. Lefebvre, [1934] S.C.R. 501; Cheyne v. Cheyne, [1977] C.A. 319, referred to. APPEAL fro ...
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1985rcs2-662
Neumont, EN 1985
Excerpt: ... th inmates who, in addition to requiring maximum security, are identified as being particularly dangerous. Despite his acquittal of the charge of murder, appellant was kept in segregation and his request to be transferred back to a medium security institution refused. He then applied to the Superior Court for a writ of habeas corpus without certiorari in aid to obtain his release from the special handling unit. Considering the exclusive jurisdiction of the Federal Court under s. 18 of the Federal Court Act to issue certiorari against any federal board, commission or other tribunal and the limits of the role of habeas corpus, the court dismissed appellant's application for want of jurisdiction to issue a writ of habeas corpus in these circumstances. The Court of Appeal concluded that proceedings attacking the internal administrative procedure of penitentiaries were within the exclusive competence of the Federal Court of Canada and affirmed the judgment. Held: The appeal should be allowed. For the reasons giv ...
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