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jurisdiction and original
Under § 1332 ( d ) ( 2 ) the federal district courts have original jurisdiction over any civil action where the amount in controversy exceeds $ 5, 000, 000 and
The Class Action Fairness Act of 2005 increases defendants ' ability to remove state cases to federal court by giving federal courts original jurisdiction for all class actions with damages exceeding $ 5, 000, 000, exclusive of interest and costs.
The dispute eventually reached the Supreme Court of the United States, which ruled in 1998 that New Jersey had jurisdiction over all portions of the island created after the original compact was approved ( effectively, more than 80 % of the island's present land ).
This could lead to a number of problems, including loss of the spouses ' original nationality, the spouse losing the right to consular assistance ( since consular assistance cannot be provided to nationals under the jurisdiction of a foreign state of which they are also nationals ), and becoming subject to military service obligations.
It is also necessary to distinguish between original jurisdiction and appellate jurisdiction.
A court of original jurisdiction has the power to hear cases as they are first initiated by a plaintiff, while a court of appellate jurisdiction may only hear an action after the court of original jurisdiction ( or a lower appellate court ) has heard the matter.
For example, in United States federal courts, the United States district courts have original jurisdiction over a number of different matters ( as mentioned above ), and the United States court of appeals have appellate jurisdiction over matters appealed from the district courts.
However, in a special class of cases, the U. S. Supreme Court has the power to exercise original jurisdiction.
Under, the Supreme court has original and exclusive jurisdiction over controversies between two or more states, and original ( but non-exclusive ) jurisdiction over cases involving officials of foreign states, controversies between the federal government and a state, actions by a state against the citizens of another state or foreign country.
The original royal charters of the American colonies included broad grants of franchise jurisdiction along with other governmental powers to corporations or individuals, as did the charters for many other colonial companies such as the British East India Company and British South Africa Company.
The Federal Court reviews decisions referred from the Court of Appeals ; it has original jurisdiction in constitutional matters and in disputes between states or between the federal government and a state.
There are also inferior courts presided over by a Magistrates which have original jurisdiction in criminal and civil actions.
The highest court, the Constitutional Court, has both original and appellate jurisdiction.
In its original jurisdiction it has jurisdiction over disputed parliamentary elections and electoral corrupt practices.

jurisdiction and decision
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 ).
In a major May 1999 decision on " New Media ", the CRTC held that under the Broadcasting Act the CRTC had jurisdiction over certain content communicated over the internet including audio and video, but excluding content that is primarily alphanumeric such as emails and most webpages.
* 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.
Their jurisdiction can be illustrated with an example: Parents unsatisfied with the school placement of their child would appeal against the board of education in an administrative court as the school placement is subject to an administrative decision.
Further to the north, Saint-Barthélemy and the northern French part of Saint Martin once came under the jurisdiction of Guadeloupe but on 7 December 2003, both of these areas voted to become an overseas territorial collectivity, a decision which took effect on 22 February 2007.
In another decision, Landis struck down a challenge to the Interstate Commerce Commission's ( ICC ) jurisdiction over rebating, a practice banned by the Elkins Act of 1903 in which railroads and favored customers agreed that the customers would pay less than the posted tariff, which by law was to be the same for all shippers.
It is noteworthy that the United States, the defaulting party, was the only Member that put forward arguments against the validity of the judgment of the Court, arguing that it passed a decision that it ' had neither the jurisdiction nor the competence to render '.
The Charter provides that, in case of doubt, it is for the Court itself to decide whether it has jurisdiction, and that each member of the United Nations undertakes to comply with the decision of the Court.
" About a year after the Court's jurisdictional decision, the United States took the further, radical step of withdrawing its consent to the Court's compulsory jurisdiction, ending its previous 40 year legal commitment to binding international adjudication.
The Congress may not, however, amend the Court's original jurisdiction, as was found in Marbury v. Madison, ( the same decision which established the principle of judicial review ).
The ICJ's decision issued on 14 February 2002 found that it did not have jurisdiction to consider the question of universal jurisdiction, instead deciding the question on the basis of immunity of high ranking State officials.
Such a case has not, to date, come before the courts of a common law jurisdiction in any reported decision.
The determination of each Appellate Committee was normally final, but the House of Lords ( in common with the Court of Appeal and High Court of England and Wales ) retained an inherent jurisdiction to reconsider any of its previous decisions, this includes the ability to " vacate " that decision and make a new one.
In 1982, by decision of Pope John Paul II, the Catholic Church made it into a personal prelature — that is, the jurisdiction of its own bishop covers the persons in Opus Dei wherever they are, rather than geographical dioceses.
The decision began by first concluding that the Court lacked jurisdiction in the matter because Dred Scott had no standing to sue in Court, as Scott, and all people of African descent for that matter, were found not to be citizens of the United States.
It declares that persons may be citizens of the United States without regard to their citizenship of a particular State, and it overturns the Dred Scott decision by making all persons born within the United States and subject to its jurisdiction citizens of the United States.
The U. S. Supreme Court reversed the state court's decision on appeal, ruling that questions of federal law were within its jurisdiction, and thereby establishing its own supremacy in matters of constitutional interpretation.
Thus, because it was established that the States had the power to rule on Federal issues it must be true that the Supreme Court can review the decision or the Supreme Court would not have appellate jurisdiction in " all other cases.
In particular, a denial of a writ of certiorari means that no binding precedent is created by the denial itself, and that the lower court's decision is treated as mandatory authority only within the region of jurisdiction of that court.
It also handles disputes between dicasteries and other tribunals over jurisdiction, complaints that a Rotal decision is null and should be retried, and matters regarding advocates and inter-diocesan tribunals.
The Henderson case RPC 218 was a decision of the High Court of New South Wales ( both the first instance and appellate jurisdiction ).
The Supreme Court affirmed that decision ( 346 U. S. 15, June 8, 1953 ), in a 4-to-3 opinion, noting that the district court had no jurisdiction under the federal statute to find the U. S. government liable for " negligent planning decisions " which were properly delegated to various departments and agencies.
Ex parte McCardle, 74 U. S. 506 ( 1869 ), is a United States Supreme Court decision that examines the extent of the jurisdiction of the Supreme Court to review decisions of lower courts under federal statutory law.

jurisdiction and however
In a short time, however, he developed decided ability as a ruler ; on entering upon his inheritance he divided the duchy into governmental districts, took measures to suppress the robber-knights, and regulated the judicial system by defining and readjusting the jurisdiction of the various law courts.
It is important to note, however, that jurisdiction at this time did not include legislation, which virtually did not exist until well into the 15th century.
From the 1040s onwards, however, successive popes had put forward a reforming message that emphasised the importance of the church being " governed more coherently and more hierarchically from the centre " and established " its own sphere of authority and jurisdiction, separate from and independent of that of the lay ruler ", in the words of historian Richard Huscroft.
Many clergy and lay people of Utrecht did not want to become one more formerly autonomous jurisdiction now under Roman control, however, many did.
Soon afterwards, however, Gregory received a letter from Donatus, Patriarch of Grado, complaining that Serenus had overstepped his authority, and was interfering within what was Grado ’ s ecclesiastical jurisdiction.
claim preclusion does not however prevent the litigation of a claim that was filed in a court that did not have personal jurisdiction over the defendant.
The additional requirement of "' purposeful availment ' ensures that a defendant will not be hauled into a jurisdiction solely as a result of ' random, ' fortuitous ,' or ' attenuated ' contacts, omitted or of the unilateral activity of another party or a third person omitted Jurisdiction may, however, be exercised, under some circumstances, even though the defendant never physically entered the forum State.
From the 1040s onwards, however, successive popes had put forward a reforming message that emphasised the importance of the church being " governed more coherently and more hierarchically from the centre " and established " its own sphere of authority and jurisdiction, separate from and independent of that of the lay ruler ", in the words of historian Richard Huscroft.
The government of the islands were under a governor-general, whose jurisdiction extends to the other Danish colonies of the group, however, because the islands formerly belonged to Great Britain consequently the inhabitants were English in customs and in language.
The city of Tigard falls mostly under the jurisdiction of the Tigard-Tualatin School District, however some of the northwestern most part of the city falls under the jurisdiction of the Beaverton School District.
The consumer product markets, industrial product markets, and service markets that emerge in a mature industrial economy, however, still ultimately rely, like the simpler commodity markets, on complex systems of standardization, regulation, jurisdiction, transport, materials and energy supply.
< p > It would, however, be wrong to suppose that all papal claims of secular jurisdiction, taxation and service, etc.
The Council of Chalcedon in 451 established Constantinople as a patriarchate with ecclesiastical jurisdiction over Asia Minor ( the dioceses of Asiane and Pontus ) and Thrace as well as over the barbaric territories, non-converted lands outside the defined area of the Western Patriarchate ( Old Rome ) and the other three patriarchates, Alexandria, Antioch and Jerusalem, gave it appellate jurisdiction extraterritorially over canon law decisions by the other patriarchs and granted it honours equal to those belonging to the first Christian see, Rome, in terms of primacy, Rome retaining however its seniority ( canon xxviii ).
The ROC, however, currently has jurisdiction only over Taiwan, Penghu, Kinmen and Matsu.
The statute of the SCSL gave the court jurisdiction over persons aged 15 and older, however the Paris Principles state that children who participated in armed conflict:
Scott did not submit a bid, however, when the bidders who did submit a bid tried to protest at GAO, their GAO bid protests were dismissed due to the fact that Scott had filed a case at the court and deprived GAO of further jurisdiction in the matter.
Hampden County was split from Hampshire County in 1812, because Northampton, Massachusetts was made Hampshire County's " shire town " in 1794 ; however, Springfield-theretofore Hampshire County's traditional shire town, dating back to its founding in 1636-grew at a pace far quicker than Northampton and was granted shire town-status over its own, southerly jurisdiction.
Article III, Section 2 of the United States Constitution grants original jurisdiction to U. S. federal courts over admiralty and maritime matters, however that jurisdiction is not exclusive and most maritime cases can be heard in either state or federal courts under the " saving to suitors " clause.
In 1513 the Ditmarsians founded a Franciscan Friary in Lunden fulfilling their vow, however, the Hamburg concathedral chapter, holding the ecclesiastical jurisdiction, demanded its say in appointing the prebendaries.
The title " king of the Anglo-Saxons " does, however, in fact occur in royal charters that date to before 892 and " parochia " does not necessarily mean " diocese ", but can sometimes refer just to the jurisdiction of a church or monastery.

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