Sentences with phrase «applying civil rules»

Limiting the courts» role to applying civil rules is the clearest position and the one most consistent with the neutrality of the state in Canadian and Quebec law.

On Feb. 18, Facciola applied the civil rules to the case of a State Department worker accused of taking bribes to facilitate visas.

Not exact matches

I'm Chairman of such a civil society structure, global think tank called the Club of Rome, and I'm just coming from Beijing, where they have informed me that the rules for registrations of civil society structures have been streamlined and improved, so much so that this triangle can also be applied here in China.

Where full recourse rules apply across Canada, lenders are entitled to pursue mortgage shortfalls in civil court under normal lawsuit provisions.

This has often been stressed by the European Commission and Court of Human Rights when applying the rules of the European Convention regarding civil and political rights.

As with salaries, the rules governing the retirement benefits of the Vice President, Cabinet members, members of Congress and other federal officials are different than those that apply to the President, with benefits laid - out in the rules of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS).

County administrators said Mychajliw's criticisms apply to a tiny fraction of the county's workforce and that both civil service and union contract rules limit his recommended fixes.

Ruling in Grove City College v. Bell last year, the Court held that the civil - rights statute — whose language is similar to laws barring discrimination on the basis of race, handicap, and age — applies only to programs and activities that receive federal aid, and not to the entire institution.

The lead attorney representing the plaintiffs argued that this rule does not apply in this case because «the exception to this policy is where the officer personally committed a tort: a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.»

The minister of civil affairs, Ardalan Shekarabi told P3 News: «We are working to regain control of the gaming market as soon as possible and ensure that Swedish consumer protection rules apply to all actors involved in gaming,»

So far as applies here, Family Procedure Rules 2010 (FPR 2010) r 4.4 (1), deals with striking out of a claim (in almost exactly the same terms as Civil Procedure Rules 1998 (CPR 1998) r 3.4 (1)-RRB- as follows:

The rule should apply to all mothers, fathers, and adoptive parents, as well as the married, civil, and de facto partners of biological or adoptive parents;

Civil rights lawyers have reacted with dismay to the Supreme Court ruling that the Human Rights Act 1998 (HRA 1998) does not apply to soldiers serving abroad.

New Hampshire civil practice or civil procedure consists of the rules of conduct applied to courts in civil lawsuit trials.

South Carolina civil practice or civil procedure consists of the rules of conduct applied to courts in civil lawsuit trials.

Additionally, the current Rules of Court do not define «medical practitioner» requiring the Court to turn to Rule 1 - 1 (2) which states that «Unless a contrary intention appears, the Interpretation Act and the interpretation section of the Supreme Court Act Apply to these Supreme Court Civil Rules ``.

Illinois civil practice or civil procedure consists of the rules of conduct applied to courts in civil lawsuit trials.

The motions judge also subsequently awarded costs against Affinia on a «substantial indemnity» basis, relying on a rule in Ontario's rules of civil procedure which applies where a party has acted unreasonably in responding to a motion for summary judgment.

Civil practice or civil procedure consists of the rules of conduct applied to courts in civil lawsuit trCivil practice or civil procedure consists of the rules of conduct applied to courts in civil lawsuit trcivil procedure consists of the rules of conduct applied to courts in civil lawsuit trcivil lawsuit trials.

Civil practice or civil procedure consists of the rules of conduct applied to courts in civil trCivil practice or civil procedure consists of the rules of conduct applied to courts in civil trcivil procedure consists of the rules of conduct applied to courts in civil trcivil trails.

The way in which claims are made are governed by the Civil Procedure Rules («the CPR»), which also apply to the Court.

First, pick the rules set that applies to your jurisdiction, such as Massachusetts Rules of Civil Procerules set that applies to your jurisdiction, such as Massachusetts Rules of Civil ProceRules of Civil Procedure.

On May 31st the Newfoundland and Labrador Court of Appeal issued a judgement with a number of broad statements about the proportionality principle and how it ought to be applied by courts in crafting discretionary orders under civil rules.

[Draftsman turns to Mr Z: «If you are a former client of a lawyer who holds, or whose firm holds, confidential information of yours which might reasonably be expected to be material where an issue arises between you and another client of that firm, you can apply to the High Court by claim (Civil Procedure Rules 1998 Pt 8); or by application in any court proceedings in which the question arises... etc»].

The modern approach requires the courts to carefully scrutinize the litigation and to follow the «loser pays» costs rules that apply in general civil litigation, unless public policy considerations apply.

The amendments to § § 2, 4 and 6 of Administrative Order 17 delete references to «District Court Judges» and «District Court Civil Rules» and clarify that the term limit does not apply to the chair of the relevant VBA committee.

Civil lawsuit trials can be conducted in a state other than the state where the breach of contract or tort giving rise to the lawsuit took place for jurisdictional purposes and not infrequently is brought in another state, although constitutional choice of law rules limit the circumstances under which a particular state's laws can be applied to a particular set of circumstances in a lawsuit.)

Or did silence in the offer, on the matter of costs, mean that r. 49.07 (5)(b) of the Rules of Civil Procedure applied?

As it is a quasi-civil order (civil rules of evidence for the most part, with some criminal rules applying) it is by no means a straightforward area of law.

When making a judicial determination on the allocation of litigation costs, two decisions fall to the deciding judge under Civil Procedure Rule (CPR) 44.2: establishing which of the litigating parties is the «winner», and applying judicial discretion to determine any discounts or changes to awarded costs necessary to reflect elements of the case.

The intestacy rules apply in an arbitrary manner, particularly where a client does not have children, because a surviving spouse or civil partner may have to share assets with other relatives — whom the client may not wish to benefit.

She was charged with disobeying a court order, which she tried to quash by claiming that two of the Rules of Civil Procedure make it impossible to apply that section of the Criminal Code.

@KJ Rule 1.03 (2) is discretionary (note the use of the word «may») and requires a positive direction from the Court; therefore, can it really be said that Civil Procedure Rule 30 automatically applies in the Small Court context?

Nathalie Des Rosiers, general counsel of the Canadian Civil Liberties Association, which was an intervener in the case, says the ruling applied the test for freedom of religion in Canada in a slightly different way.

Avoiding the major blockages in the trial system is the focus of the OBA 2014 Institute civil litigation program: picking the issue and streamlining your case; using discoveries efficiently; applying the rules of procedure to accelerate your case to trial; navigating the rules on «setting down» for trial; proceeding outside Toronto; learning from the leaner system of labour arbitrations.

The case also considered the principles to be applied by the Court in ordering the production of documents by third parties under the Civil Procedure Rules.

The claimant applied for a pre-trial examination of an employee of Capilano pursuant to Rule 7 - 5 (1) of the Supreme Court Civil Rules and for an order that the Capilano defendants provide to lawyer for the claimant the full employment file of its former employee pursuant to Rule 7 - 1 (10), (11) and (13).

«How to Apply Rules to Discovery and Evidence,» Building Your Civil Litigation Skills, Indianapolis, IN

LegalTech News has highlighted some early decisions applying the 2015 amendments to the Federal Rules of Civil Procedure.

Thus, the court concluded that the arbitrator's decision to apply the AAA rules rather than the states» Rules of Civil Procedure had a reasonable basis in the parties» agreements and thus was entitled to deferrules rather than the states» Rules of Civil Procedure had a reasonable basis in the parties» agreements and thus was entitled to deferRules of Civil Procedure had a reasonable basis in the parties» agreements and thus was entitled to deference.

Continue reading «Section 1717 and Prevailing Parties: Fourth District, Division One, Rules that Civil Code Section 1717's Prevailing Party Standard, Mutuality Principle, and Reasonable Fees Standard Apply to an Attorney's Fees Provision in a Consent Decree»»

If the default rule does not apply because a civil rights law unrelated to immigration bars discrimination against a tenant, someone's undocumented immigrant status probably doesn't provide an absolute defense to the civil rights law, but might be one factor among many that a landlord could consider in choosing among available tenants in much the same way that credit ratings, income, and a prospective tenant's criminal record, and other factors might be considered.

Because Tax Court Rule 121 closely mirrors Federal Rule of Civil Procedure 56, the court's rationale will apply with equal force regardless of fora.

With the overhaul of the civil rules does this exception still apply?

As of January 1, 2015, the Insurance Act was amended to provide that the 5 % pre-judgment rate set out in the Rules of Civil Procedure does not apply in motor vehicle accident cases.

It was acknowledged that the Civil Procedure Rules did not apply directly to the tribunals.

(1) Rules 61, 62 and 63 of the Rules of Civil Procedure apply with necessary modifications, including those modifications set out in subrules (2) and (3), (a) if an appeal lies to the Divisional Court or the Court of Appeal; (b) if...

Article 24 - 2 The provisions of Articles 10 through 12 (Method of Filing Petition for Disqualification or Challenge; Statement of Opinions by Judge with Regard to Disqualification or Challenge; and Withdrawal of Judge) of the Rules of Civil Procedure shall apply mutatis mutandis to a family court research law clerk.

86 See Carl Tobias, Local Federal Civil Procedure for the Twenty - First Century, 77 Notre Dame L. Rev. 533, 533 (2002)(noting that «[l] awyers and parties face, and federal judges apply, a bewildering panorama of requirements,» including «[a] stunning array of local measures — including local rules; general, special, and scheduling orders; [and] individual - judge practices»).

Article 27 (1) Where the immediate appeal referred to in paragraph (4) of Article 35 (Inspection, etc. of the Portion related to the Examination of the Facts) of the Act is filed, if the court of prior instance finds no need to forward the record of the case pertaining to personal status litigation, it is sufficient for a court clerk of the court of prior instance to forward only the record of the appeal case to a court clerk of the court in charge of the appeal, notwithstanding the provisions of Article 174 (Forwarding of Record due to Filing of Appeal to Second Instance) of the Rules of Civil Procedure as applied mutatis mutandis pursuant to Article 205 (Application Mutatis Mutandis of Provisions Concerning Appeal to Court of Second Instance or Final Appeal) of said Rules.