petition is hereby DISMISSED Petitioners contend that since the issue of ownership of the property in dispute is inextricably linked with the issue of possession‚ the MeTC has no jurisdiction over Civil Case No. 15340. Verily‚ we hold that the Court of Appeals did not err in holding that the MeTC of Mandaluyong City has jurisdiction to hear and decide Civil Case No. 15340‚ notwithstanding the issue of ownership raised by petitioners in their answer. WHEREFORE‚ we DENY the petition. The Decision of the Court
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lawyers and clients weigh when deciding one court over the other. The list is not all inclusive. Existence of Jurisdiction. Whether there is jurisdiction in either or both of the courts. Federal jurisdiction requires either a federal question and sometime a minimum dollar amount at issue or that there by "diversity of citizenship" and a minimum dollar amount at issue. "Diversity jurisdiction" requires that none of the plaintiffs come from any of the state from which the defendants come (and there is
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The U.S constitution limits and gives powers to the President‚ Congress‚ and U.S Supreme Court. This means that it keeps the three branches of government from overpowering each other. It also gives powers to the certain branches of government to make them have equal powers. The founding fathers wanted a government that was balanced. They no longer wanted a government with an all-powerful king that might take away their rights. The U.S. Constitution creates a strong government but by separating
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World War by the International Court of Justice (ICJ)‚ described in article 92 of the Charter as the ‘principal judicial organ’ of the United Nations. In essence‚ it is a continuation of the Permanent Court‚ with virtually the same statute and jurisdiction‚ and with a continuing line of cases‚ no distinction being made between those decided by the PCIJ and those by the ICJ. The ICJ is composed of fifteen members‚ elected regardless of their nationality‚ from among persons of high moral character
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ICSID Review‚ Vol. 28‚ No. 2 (2013)‚ pp. 223–240 doi:10.1093/icsidreview/sit022 Published Advance Access September 4‚ 2013 2013 LALIVE LECTURE The Case Law of the ICJ in Investment Arbitration Alain Pellet1 The topic of this Lalive Lecture is austere. But it has the merit of opening wider perspectives than it seems at first glance. Through the prism that I have chosen‚ we can‚ I think‚ address interesting doctrinal issues which are not devoid of practical consequences: what is the
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tribunal to whom it is issued to refrain from doing something which it is about to do. It prevents a tribunal possessing judicial and quasi-judicial powers from assuming or threatening to assume jurisdiction which it does not possess. Thus the writ lies both for excess of jurisdiction and absence of jurisdiction. Prohibition has much in common with certiorari‚ both in its scope and in the rules by which it is governed. Thus both these writs lie against a judicial or quasi-judicial body but not against
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has become commonplace are the United States ‚ [3] Canada‚ Australia ‚ Germany ‚ New Zealand ‚ Scandinavia ‚ and the United Kingdom . [ citation needed ] Though divorce laws vary between jurisdictions‚ there are two basic approaches to divorce: fault based and no-fault based. However‚ even in some jurisdictions that do not require a party to claim fault of their
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Germany‚ USA‚ etc. are foreign judgments. Sections 13 and 14 enact a rule of res judicata in case of foreign judgments. These provisions embody the principle of private international law that a judgment delivered by a foreign court of competent jurisdiction can be enforced by an Indian court and will operate as res judicata between the parties thereto except in the cases mentioned in Section 13. Nature And Scope Of Sec. 13‚ C.P.C. A foreign judgment may operate as res judicata except in the six
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Outsourcing Outsourcing is subcontracting a service‚ such as product design or manufacturing‚ to a third-party company. The decision whether to outsource or to do in house is often based upon achieving a lower production cost‚ making better use of available resources‚ focusing energy on the core competencies of a particular business‚ or just making more efficient use of labour‚ capital‚ information technology or land resources. It is essentially a division of labour. Outsourcing became part of
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Law of Writs In common law‚ a writ is a formal written order issued by a body with administrative or judicial jurisdiction. In modern usage‚ this body is generally a court. Writs are extraordinary legal remedies offered to individuals who do not obtain adequate protection under ordinary law. The main types of writs are warrants and prerogative but there are many others also. Writs under English law The origin of writs can be drawn from the English judicial system. The law of writs has its
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