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Page "Jurisdiction" ¶ 8
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if and jurisdiction
if a receiver or trustee for any such partnership or corporation has been duly appointed by a court of competent jurisdiction in the United States and has not been discharged prior to the date of payment, payment shall be made to such receiver or trustee in accordance with the order of the court ; ;
if a receiver or trustee for any such partnership or corporation, duly appointed by a court of competent jurisdiction in the United States, makes an assignment of the claim, or any part thereof, with respect to which an award is made, or makes an assignment of such award, or any part thereof, payment shall be made to the assignee, as his interest may appear ; ;
Accordingly, if it is not repealed by the Congress at its present session, I shall have no alternative thereafter but to direct the Secretary of Defense to disregard the section unless a court of competent jurisdiction determines otherwise.
Does Lincoln Mills suggest that if Congress granted jurisdiction over interstate divorce cases, the federal courts would be authorized to fashion a national law for the dissolution of marriages??
It is distinguished from judicial review, which refers to the court's overriding constitutional or statutory right to determine if a legislative act or administrative decision is defective for jurisdictional or other reasons ( which may vary by jurisdiction ).
" He points to the fact that the Pope claims universal jurisdiction and he therefore argues that " it would be intolerable to have, as the sovereign of a Protestant and free country, one who owes any allegiance to the head of any other state " and contends that if such situation came about " we will have undone centuries of common law.
Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault, unlawful assembly, or riot ; if so, it is for one of these offences that they are usually charged.
* The prosecution has a right of appeal against acquittal in summary cases if the decision appears to be wrong in law or in excess of jurisdiction.
This principle does not prevent the government from appealing a pre-trial motion to dismiss or other non-merits dismissal, or a directed verdict after a jury conviction, nor does it prevent the trial judge from entertaining a motion for reconsideration of a directed verdict, if the jurisdiction has so provided by rule or statute.
Early in 1779, Governor Clinton issued a proclamation stating that the state of New York would honor the Wentworth grants, if the settlers would recognize New York's political jurisdiction over the Vermont territory.
A layman could bring a bill of indictment to the grand jury ; if the grand jury found there was sufficient evidence for a trial, that the act was a crime under law, and that the court had jurisdiction, it would return the indictment to the complainant.
Experts point to potential legal liabilities ( depending on the jurisdiction ) that the shooter may incur if using handloaded ammunition for defense, such as an implied malice on the part of the shooter, as the use of handloaded ammunition may give the impression that " regular bullets weren't deadly enough ".
Hedge fund advisers registered as Commodity Pool Operators ( CPO ) or Commodity Trading Advisors ( CTA ) would fall within this category, as would any manager of a hedge fund investing in markets under the CFTC's jurisdiction, even if they qualify for an exemption from CPO or CTA registration.
A youth court has jurisdiction to try all indictable offences with the exception of homicide and certain firearms offences, and will normally do so provided that the available sentencing power of 2 years detention is adequate to punish the offender if found guilty.
If the person has a mental illness and it is determined that the mental illness interfered with the person's ability to determine right from wrong ( and other associated criteria a jurisdiction may have ) and if the person is willing to plead guilty or is proven guilty in a court of law, some jurisdictions have an alternative option known as either a Guilty but Mentally Ill ( GBMI ) or a Guilty but Insane verdict.
This jurisdiction is entrenched and its authority could only be denied by a member state if that member State asserts its sovereignty and withdraws from the union.
When jurisdiction is concurrent, one governmental entity may have supreme jurisdiction over the other entity if their laws conflict.
The products produced by Adam Opel AG should be solely within the jurisdiction of management, and if prices had to be approved by government authority, a reasonable return on the capital should be allowed.
: Given a determination as to the governing jurisdiction, a court is " bound " to follow a precedent of that jurisdiction only if it is directly in point.
For example, if two people own a single piece of land as joint tenants then, depending on the law in the jurisdiction, each may have limited recourse for the actions of the other.
# The court must first decide whether it has jurisdiction and, if so, whether it is the appropriate venue given the problem of forum shopping.
The case becomes even more complicated if foreign elements are thrown into the mix, such as when the place of marriage is different from the territory where divorce was filed ; when the parties ' nationalities and residences do not match ; when there is property in a foreign jurisdiction ; or when the parties have changed residence several times during the marriage.

if and claimed
These deductions may not be claimed if you elect to use the Standard Deduction or Tax Table.
Gradually watercolor claimed his greater affection until today it has become his major, if not exclusive, technique.
The latter was claimed by Charles of Anjou, but in 1283 Parlement decided that the County of Toulouse should revert to the crown, if there were no male heirs.
In modern law, the title would have fallen into abeyance between the two daughters of the second son, and nobody else would have been able to claim it even if the abeyance were settled ; in 1597, the grandson of the third son claimed the title and its precedence.
Accordingly, they have claimed that the market is biased in favor of books, TV specials, and other media that support the Triangle mystery, and against well-researched material if it espouses a skeptical viewpoint.
A 2nd century CE Greek known as Heraclitus the paradoxographer --- not to be confused with the 5th century BCE Greek philosopher Heraclitus --- claimed Euhemeristically that Cerberus had two pups which were never away from their father, as such Cerberus was in fact a normal ( however very large ) dog but artists incorporating the two pups into their work made it appear as if his two children were in fact extra heads.
After thirty years of schism, the Council of Pisa had sought to resolve the situation by deposing the two claimant popes and elected a new pope, Alexander V. The council claimed that in such a situation, a council of bishops had greater authority than just one bishop, even if he were the bishop of Rome.
While the CSU attempted to portray them as " misinterpreted ", Stoiber created further controversy when he claimed that " if it was like Bavaria everywhere, there wouldn't be any problems.
If it can be claimed that it is ethical to limit the internet and other technology to only users who have the means to utilize these software, then there is no argument against the way things are at the moment ; there is no need to complain if all morality is in affect.
" Mussolini claimed that dynamic or heroic capitalism and the bourgeoisie could be prevented from degenerating into static capitalism and then supercapitalism if the concept of economic individualism were abandoned and if state supervision of the economy was introduced.
In contrast to Positivism, which held that statements are meaningless if they cannot be verified or falsified, Popper claimed that falsifiability is merely a special case of the more general notion of criticizability, even though he admitted that empirical refutation is one of the most effective methods by which theories can be criticized.
Hayek claimed that a limited democracy might be better than other forms of limited government at protecting liberty but that an unlimited democracy was worse than other forms of unlimited government because " its government loses the power even to do what it thinks right if any group on which its majority depends thinks otherwise ".
His administration explained that in order for Guatemala to improve its economy the Agrarian Reform was necessary, therefore Arbenz claimed he would adopt policies for a nationalist economic development if necessary.
However, Price and Coleman married in 2007 ; and while they divorced in 2008, Price claimed in a court petition that she remained Coleman's common-law wife, sharing bank accounts and presenting themselves publicly as husband and wife, until his death ; an assertion that, if validated by the court, would make her the lawful heir.
These pumps should be distinguished from other penis pumps ( supplied without compression rings ) which, rather than being used for temporary treatment of impotence, are claimed to increase penis length if used frequently, or vibrate as an aid to masturbation.
Even murder is permissible " if it is right for me ," though it is claimed by egoist anarchists that egoism will foster genuine and spontaneous union between individuals.
He also enjoyed painting, and claimed in his autobiography that he might have been happier as a painter than a movie star, if somewhat poorer.
Others were bandits who claimed control over stretches of wilderness, mountain roads or riverways-any legal authorities present, if any, were too weak to contest the controls.
Raymond and Bohemond were King Baldwin's nearest male relatives in the paternal line, and could have claimed the throne if the king died without an heir or a suitable replacement.
I'm not political .’” However, when Riefenstahl later claimed she had been forced to follow Goebbels ’ orders under threat of being sent to a concentration camp, Schulberg asked her why she should have been afraid if she did not know concentration camps existed.
In a 2012 proposal, it has been claimed that reading can be acquired naturally if print is constantly available at an early age in the same manner as spoken language.
During this period, Gandhi claimed to be a " highly orthodox Hindu " and in January 1921 during a speech at a temple in Vadtal, he spoke of the relevance of non-cooperation to Hindu Dharma, " At this holy place, I declare, if you want to protect your ' Hindu Dharma ', non-cooperation is first as well as the last lesson you must learn up.
He would have claimed credit for the sun and the moon if he believed he could get away with it.

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