Sentences with phrase «court in a legal capacity»

Not exact matches

Malliotakis» plan calls for action in several categories, including expanded legal efforts to compel hospitalization via use of «Kendra's Law,» review expiring orders of protection, scrutinize mentally ill inmates before release, expand mental health courts and psychiatric capacity of hospitals, support relevant non-profit agencies and greatly expand the number of supportive housing units.

All AMISOM personnel, including locally recruited Somalis, are immune from local legal processes in Somalia for any acts they perform in their official capacity, Don't you think this is injustice to the victims of sexual violence since perpetrators can't be prosecuted in Somali courts or even in AMISOM run military courts in Mogadishu.

In addition, in cases where a claimant lacks legal capacity to manage their affairs, the cost of the Deputy's fees after year two should involve a periodical payments order, save in exceptional circumstances, decided by the courIn addition, in cases where a claimant lacks legal capacity to manage their affairs, the cost of the Deputy's fees after year two should involve a periodical payments order, save in exceptional circumstances, decided by the courin cases where a claimant lacks legal capacity to manage their affairs, the cost of the Deputy's fees after year two should involve a periodical payments order, save in exceptional circumstances, decided by the courin exceptional circumstances, decided by the court.

Although each state defines UPL differently, the practice of law is generally recognized to include: (1) accepting cases from a client; (2) setting fees; (3) rendering legal advice; (4) signing legal documents; and (5) appearing in a representative capacity before a court or other adjudicatory body.

In this insightful interview, he shares how perceptions towards mental health has changed, aspects the Mental Capacity Act does not address and how the Court of Protection has changed to enhance the legal system.

[Court - appointed attorney was entitled to absolute immunity from a legal malpractice claim arising from duties that she performed in a quasi-judicial capacity at the request of the coCourt - appointed attorney was entitled to absolute immunity from a legal malpractice claim arising from duties that she performed in a quasi-judicial capacity at the request of the courtcourt.]

There is a real risk that such a disregard of the separation of powers and the constitutional role and institutional capacity of the different branches of government could undermine the legal aid system and cause a lack of public confidence in judges and the courts.

Although the Court of Appeal did not find that Judge Lenehan had erred in law by stating that «a drunk can consent», his application of the legal test for a person's capacity to consent to sexual activity was a legal error.

What this line of thought illustrates is that SRLs are a challenge not just to legal process and order in court (if you'll pardon the pun) but to the economic order of things in law, and that the economic ramifications of self - representative capacity reach far beyond the business of law itself.

Similarly, Ontario's Arbitration Act, 1991 allows a court to refuse to stay proceedings if one of the parties did not have legal capacity to enter into the contract in the first place, the arbitration clause is invalid, the subject - matter of the dispute can not be the subject of arbitration under Ontario law, the party seeking the stay engaged in undue delay, or the matter can be dealt with through default or summary judgment.

In this capacity, Ms. Dillard provided general litigation services to civil litigation clients in both state and federal court, served as general counsel for several small corporations, and assisted with business formation and legal advisemenIn this capacity, Ms. Dillard provided general litigation services to civil litigation clients in both state and federal court, served as general counsel for several small corporations, and assisted with business formation and legal advisemenin both state and federal court, served as general counsel for several small corporations, and assisted with business formation and legal advisement.

There is a greater likelihood of maintaining privilege protections in interviews conducted by outside counsel because they are more likely to be viewed by courts as conducting an investigation for the primary purpose of providing legal advice, as opposed to in - house counsel who often operate in a business capacity in their daily functions.

There were also developments for non-means tested legal aid in Court of Protection cases under s21A of the Mental Capacity Act and in relation to the statutory charge.

This case is also worth a quick read for anyone advancing a claim for loss of earning capacity (future wage loss) as the court does a good job summarizing some of the leading legal precedents in this area at paragraphs 151 - 155 of the judgment.

Equal Justice Works, in partnership with Catholic Legal Immigration Network, Inc. (CLINIC), Kids in Need of Defense (KIND), and the U.S. Committee for Refugees and Immigrants (USCRI), will receive $ 1.2 million — more than half of the total funding — to deploy 55 full - time Members (45 lawyers and 10 paralegals) to provide legal representation to unaccompanied children, build pro bono capacity to support that population, and increase the effectiveness and efficiency of immigration courts in the locations in which members will sLegal Immigration Network, Inc. (CLINIC), Kids in Need of Defense (KIND), and the U.S. Committee for Refugees and Immigrants (USCRI), will receive $ 1.2 million — more than half of the total funding — to deploy 55 full - time Members (45 lawyers and 10 paralegals) to provide legal representation to unaccompanied children, build pro bono capacity to support that population, and increase the effectiveness and efficiency of immigration courts in the locations in which members will slegal representation to unaccompanied children, build pro bono capacity to support that population, and increase the effectiveness and efficiency of immigration courts in the locations in which members will serve.

The Court relied heavily on guidelines given by the Family Division in Coventry City Council v C [2013] EWHC 2190 (Fam), where the Court stated that every social worker must be satisfied that the person giving consent has capacity to do so, and that even if the person does not lack capacity that the social worker must be satisfied that the consent is fully informed (meaning that the parent must understand the consequences of giving consent, the range of choices available, the consequences of refusal and of giving consent, and must be in possession of all the facts and issues material to the giving of consent), fair and proportionate, and where possible parents must obtain legal advice before consenting.

Moreover, this could also be an appropriate test case for the Supreme Court to clarify that the principles set out in National Bank of Canada v. RCIU (the case cited by the hyperbolic Bruce Pardy) do not apply to lawyers, either in their personal or professional capacities, and that Lavigne and Green together stand for the principle that not only is there no right «not to associate» in Canadian law, there is also no right «not to speak» when it comes to lawyers, contrary to the misapprehension of those who are shocked and amazed that the Law Society can require them to adopt a «Statement of Principles» that will, as the supporting legal opinion points out, make their «generic human rights obligations» more «personal... tangible... and readily accessible.»

In my view this approach gives too much credit to the capacity of courts and the legal system to determine native title claims in a just and equitable manneIn my view this approach gives too much credit to the capacity of courts and the legal system to determine native title claims in a just and equitable mannein a just and equitable manner.

[98] While the notion of sovereignty relied on by the Court prevents the recognition of Indigenous legal systems and their law - making capacity after the acquisition of sovereignty, claimants nevertheless have to show in s223 (1)(a) that the rights and interests which are capable of recognition are possessed under traditional laws acknowledged and traditional customs observed by them.