-- has been so politicized by debate and sanitized by political correctness to the point that nowadays, apparently everyone is legally
bound by court order to agree that all its advantages are basically negligible, a «given» that merits no special round of applause.
If you opt out, you will not be entitled to share in the proceeds of any judgment or settlement of the case, and you will not be
bound by any court order in the action.
Not exact matches
The Attorney General and the entire Government of Ghana are
bound by law to obey the
order of the African
Court on Human and Peoples» Rights.
Mr. Woyome state «The Attorney General and the entire Government of Ghana are
bound by law to obey the
order of the African
Court on Human and Peoples» Rights; any violation of it will be unlawful under Ghanaian laws.»
Washington — School districts that were once racially segregated
by law should remain
bound by court desegregation orders until every wrong caused by the separation of races is cured, a lawyer for black schoolchildren in Oklahoma City told the U.S. Supreme Court last
court desegregation
orders until every wrong caused
by the separation of races is cured, a lawyer for black schoolchildren in Oklahoma City told the U.S. Supreme
Court last
Court last week.
For example, in Khrapunov v JSC BTA Bank the English
Court of Appeal confirmed that an individual in Switzerland who participated in breaches of a worldwide freezing order was susceptible to a claim for unlawful means conspiracy — notwithstanding that he was outside the jurisdiction of the English court (and therefore not bound by the freezing order or susceptible to an order finding him in contempt) and that the actions he took (moving monies on instructions from their owner) were otherwise la
Court of Appeal confirmed that an individual in Switzerland who participated in breaches of a worldwide freezing
order was susceptible to a claim for unlawful means conspiracy — notwithstanding that he was outside the jurisdiction of the English
court (and therefore not bound by the freezing order or susceptible to an order finding him in contempt) and that the actions he took (moving monies on instructions from their owner) were otherwise la
court (and therefore not
bound by the freezing
order or susceptible to an
order finding him in contempt) and that the actions he took (moving monies on instructions from their owner) were otherwise lawful.
The claim had not been compromised as the judge had stated and so the judge had not been
bound by BCT Software Solutions Ltd v C Brewer & Sons Ltd [2003] EWCA Civ 393, [2003] All ER (D) 196 (Jul)-- where parties have settled on all issues save costs before a trial or where a trial is incomplete, the
court should not, save in a reasonably obvious case, embark on making an
order for costs because the
court will have no proper basis of agreed or determined facts upon which to base its decision.
In the UAE there are just three ways to legally terminate a contract, as provided for in Article 267 of the UAE Civil Code which states that «if a contract is valid and
binding, it shall not be permissible for either of the contracting parties to resile from it, or vary or cancel it, save
by mutual consent, or an
order of the
court, or under a provision of the law».
My husband and I are drafting our separation agreement, and I am wondering if witnesses are required to be present at time of signing the separation agreement in
order to make it legally
binding and enforceable
by court?
The Institute of Family Law Arbitrators has a clearly defined process, which is endorsed
by the
courts in S v S [2014] EWHC 7 (Fam), [2014] All ER (D) 63 (Jan) as leading to a
binding court order in almost all cases.
On the face of it the
Court was
bound to grant an injunction but it instead
ordered an expedited trial and
ordered for the delivery up of documentation and information
by the franchisee.
«The sanctions
ordered by the
Court far exceed the
bounds of appropriate remedies for what this
Court concluded were intentional misrepresentations, a conclusion that was reached without proper procedural protections and that lacks sufficient evidentiary support,» lawyers for the department said.
Differently than the procedure for preliminary rulings before the CJEU, which allows the latter
Court to use a wider margin of appreciation when it assesses the admissibility of the referring
order and to rephrase its scope and content in the light of EU law (as it did with the request from the Tribunale di Cuneo that started the Taricco saga), the ICC is more strictly
bound by the correspondence between such
order and the final ruling.
Unfortunately, in those cases, we have a number of explanations, none of which are palatable, assuming of course the problem isn't an — I'll be polite — overly technical, not demanded
by legislation or any other
binding on the
court principle — decision from higher up the pecking
order court:
It was argued that the
Court, as a public authority, was
bound by s6 HRA 1998 to consider whether it was a proportionate interference with her Convention rights to make the
order.
Once the
Court hands down a custody or access
order, the
order is legally
binding and enforceable throughout Canada and may be enforced
by any Superior
Court Judge in any province.
Unless the parties have agreed otherwise, the arbitral tribunal may
order that pre-award and post-award interest (either simple or compound) be paid
by any party on any sum awarded at such rates as the arbitral tribunal decides to be appropriate (without being
bound by rates of interest practised
by any state
court or other legal authority).
[9] Judgments or
orders given in representative actions are normally
binding on all persons represented in the claim, but may only be enforced
by or against non-parties with the
court's permission.
In addition, the Competition Act 1998 (as amended) provides that findings of fact made
by the CMA during the course of an investigation (which have not been appealed, or which have been confirmed on appeal) which are relevant to an issue arising in certain competition law proceedings before the High
Court (or the CAT) are binding on the parties to those proceedings, unless the court (or the CAT) orders other
Court (or the CAT) are
binding on the parties to those proceedings, unless the
court (or the CAT) orders other
court (or the CAT)
orders otherwise.
A penalty
order will become final and
binding unless challenged
by the offender or others affected
by the
order in
court.
«When national
courts apply domestic law, they are
bound to interpret it, so far as possible, in the light of the wording and the purpose of the directive concerned in
order to achieve the result sought
by the directive and consequently comply with the third para of Art 249 EC (see Joined Cases C - 397 / 01 to C - 403 / 01 Pfeiffer and Others [2004] ECR I - 8835, para 113, and the case - law cited).
To elaborate, the majority opinion took great pains [see FR, pp. 75 - 76] to highlight the similarities between the Hellenic and the Italian legal
order, while endorsing unconditionally the position adopted
by the Constitutional
Court of Italy in its celebrated Sentenza 238/2014 (nullifying as unconstitutional a municipal law
binding domestic
courts to follow the ICJ's ruling in the Jurisdictional Immunities Case).
How do I handle requests for such references?Thank you so much for your help!CherylCHERYL M. EARLE3407 Old Dobbin Road, Montgomery, Alabama 36116 - 1903Home Phone: 334-215-3706 Cell Phone: 334-233-2631 Fax: 334-273-0477 E-mail:
[email protected] position managing legal discovery and document review with opportunity to assist attorneys with civil litigationBAR ADMISSIONAlabama State Bar, 1999LAW - RELATED EXPERIENCELaw Firm, AlabamaResearch Attorney for Special Projects, Mass Torts Department, November 2001 — February 2008 • Managed Multi-District Litigation (MDL) Document Depository (September 2002 to February 2008) o Reviewed more than 1 million pages of evidentiary documents for litigation purposes and for inclusion in electronic databaseso Coordinated document review assignments with attorneys at local depository and at other sites across the USo Retrieved, reviewed and coded documents in Concordance and Summation legal databaseso Prepared memoranda and spreadsheets providing detailed analysis of discovery materials • Aided attorneys and support staff with processing and preparation of personal injury claims and litigationo Conducted legal research and drafted pleadingso Conducted supplementary online research for additional documents and information pertinent to litigationo Assisted with preparation of correspondence to clients and referring attorneyso Contacted clients for additional information needed in case preparation, litigation, and potential settlementso Prepared and input case intakes and referrals into databaseLaw School, AlabamaStudent Intern, Alabama Disabilities Advocacy Program (ADAP), August 1996 — June 1997 • Participated in law school clinical program under third - year law student practice rule (as authorized
by Alabama Supreme
Court) o Assisted attorneys and advocates in cases involving mentally ill patients confined to state mental health facilitieso Interviewed clients in person (at state facilities) and over the phoneo Worked with clients, attorneys, and social workers to investigate and resolve issues concerning involuntary confinement and treatmento Aided in legal research on an appellate brief submitted to the U. S.
Court of Appeals for the Eleventh Circuit (ruling granted in favor of our client) Faculty Research Assistant for Library Services,
Bounds Law Library, March 1996 — June 1997 • Prepared research and teaching materials for law school faculty; worked 20 hours per week while matriculating 10 - 15 hours per semester) o Investigated copyright issues related to procuring and reproducing texts for academic useo Conducted legal research using WESTLAW, LEXIS and the InternetADDITIONAL RELEVANT EXPERIENCEManufacturing Company (MC), Montgomery, AlabamaAdministrative Assistant and Cost Analyst, Materials Purchasing Department, April 1999 — September 2001 • Assisted materials buyers in negotiating and preparing commodities contracts between raw materials suppliers and MC for manufacturing plants in the US and Mexicoo Assisted Legal Department at MC's corporate headquarters with coordination and preparation of documents for litigationo Notified and educated suppliers about MC's freight - on - board policy and its corresponding Uniform Commercial Code (UCC) provisions; result was the reduction of freight claims for both the company and its supplierso Prepared contracts and purchase
orders for raw materials and capital projects involving plant maintenanceo Solicited price quotations from current vendors and established Excel spreadsheet format which simplified quote submission process and allowed MC to track and compare usage volumes and costs over timeo Prepared and analyzed cost reports used
by materials buyers and production planners in purchasing decisions, including cost reductions, materials consolidation, and selection of vendorso Acted as liaison between vendors and the Purchasing, Transportation and Accounting Departments on issues concerning inbound freight, commercial carriers, and payment terms for commodities, resulting in reductions in freight costs and greater payment discounts for raw materialso Established online databases and printed directories for the Purchasing Department, allowing buyers to have easier and faster access to current vendor informationo Completed Year 2000 (Y2K) compliance project, which involved data collection and communication with MC's past, present, and potential materials suppliers and service providersNot - For - Profit Organization, AlabamaAdministrative Assistant, Combined Federal Campaign, September 1998 — January 1999 • Aided Campaign Director with 1998 Federal Campaigns (CFCs) in City 1 and City 2, which together generated nearly $ 700,000 for more than 1,000 local, national and international charitieso Prepared weekly reports on donations using WordPerfect, Microsoft Word, Excel and dBase IVo Wrote script for Talent Showcase at City 1's 1998 CFC Kickoffo Assisted Director with merger of the City 1 and City 2 CFCs in 1999Regional Bank, AlabamaAdministrative Assistant, Year 2000 (Y2K) Department, March — June 1998 • Worked with Vice President of Corporate Projects on short - term project for the bank's Y2K Departmento Analyzed and processed data on Y2K readiness for all branches of Bank throughout the southeastern USo Organized meetings for personnel of Banko Communicated with vendors of computer hardware, software, and office equipment to request information on Y2K complianceo Prepared compliance files for Federal Reserve auditso Prepared in - house memoranda and reports using Microsoft Word and ExcelRecord / Music Promotion Company, AlabamaRecord Pool Co-Founder; Office Manager, September 1990 — December 1991 • Co-founded record pool to enhance promotion of music in Alabama and the southeastern USo Procured and distributed records from major and independent labels for club, radio and mobile disc jockeyso Coordinated jointly sponsored promotional events with record companies, radio stations and clubso Designed, wrote, and published bi-weekly reports and brochures to inform the music industry of the progress and popularity of music and performers in the region, with specific focus on the Alabama music sceneMajor University, AlabamaGraduate Research Assistant, AUM Department of Marketing, June 1989 — August 1990 • Worked 13 - 20 hours per week as a research assistant to Marketing faculty while carrying a full course load in the MBA programo Analyzed consumer surveys used in academic researcho Assisted Conference Chairperson with coordination for Atlantic Marketing Association (AMA) annual meeting (October 1989) o Co-authored five - year index and classification of AMA Proceedings (published Fall 1991) EDUCATIONLaw School, AlabamaJuris Doctor (JD), 1997 • Scholarshipso Seybourn H. Lynne Scholarship, 1996 - 97o Dexter C. Hobbs Memorial Scholarship, 1995 - 96o E. W. Godbey Memorial Scholarship, 1994 - 95 • Honorso Who's Who Among American Law School Students, 1996 - 94o Arthur Davis Shores Award, 1997 • Activitieso Frederick Douglass Moot
Court Team Manager, 1996 - 97 Southern Regional Competition, Second Place National Competition, Eighth Placeo John A. Campbell Moot
Court Competition, Spring 1996o Black Law Students Association Delegate, BLSA National Convention, 1997 Co-Chairperson, Public Relations Committee, 1996 - 97 Chairperson, Public Relations Committee, 1995 - 96 BLSA President's Award, 1996 and 1997o American Bar Association, 1996 - 97 Entertainment and Sports Industries Forum Intellectual Property Section Law Student Divisiono LAWS Student Group Leader, 1995 - 96Major University, AlabamaMaster of Business Administration (MBA), 1990Bachelor of Science in Business Administration (B.S.B.A.), 1988 (Major: Marketing — Advertising and Promotion Track) • Honorso Dean's List • Activitieso National Student Advertising Competition Team, 1988 - 90 Seventh District Competition: Third Place, 1990o Marketing Club, 1987 - 90 Vice President — Career Development, 1988 - 89o Public Relations / Advertising (PR / AD) Club, 1988 - 90 Charter Member, 1988 Active in fund - raising and membership driveso Theater Guild, 1988 - 90 Screening Committee, 1989REFERENCESAvailable upon request
By that Act a new s 82 was enacted [stating]... that the Court is bound by the rules of evidence «except to the extent that the Court otherwise orders»
By that Act a new s 82 was enacted [stating]... that the
Court is
bound by the rules of evidence «except to the extent that the Court otherwise orders»
by the rules of evidence «except to the extent that the
Court otherwise
orders».
You might be able to turn a family - based arrangement into a legally -
binding agreement either
by asking your solicitor or
by going to
court and getting a consent or
court order (in Scotland you have to get a «Minute of Agreement»).
The agreement must be signed
by the
court in
order to be
binding and enforceable on both spouses.
However, until a
court order dictates otherwise, the decision of the PC is
binding on the parties
by virtue of either the signed Parenting Coordinator Agreement, stipulation of the parties, or the
court order of appointment.
Both of you are
bound by the terms of your divorce decree as it's a
court order.
Any
order, judgment or decree issued
by a family
court judge is legally
binding.
The amended Section 82 gives the
court the power to
order that the parties are not
bound by the rules of evidence.
1.10 The
Court and Children's Contact Services recognise that parents sometimes mistakenly assume
orders made
by the
Court are
binding on the Children's Contact Service.
The
Court recognises that the Children's Contact Service is not
bound by its
orders although the Children's Contact Service will endeavour, if the parents meet its criteria, and it has appropriate facilities and resources, to provide services as set out in the
Court orders.
When the
court orders a parent to pay child support, that parent is
bound by a legal agreement to do just that.
It is likely that both parties will benefit from receiving some independent legal advice in parallel with the divorce process, as well as there being a need for any mediation proposals to be turned into legally
binding agreements (or
court orders)
by a solicitor, but these legal costs should be comparatively very small.
82 (1) The Federal
Court is
bound by the rules of evidence, except to the extent that the
Court otherwise
orders.
An arbitrator issues a decision just as a judge does, and you have agreed in advance to be
bound by that decision even though it does not come to you in a
Court Order.
However, when neither education nor mediation resolves the matters at hand, then
by contractual agreement, the Parenting Coordinator is empowered
by the parents to arbitrate and
order a
binding solution, as if in a
Court of law.
Issues of spousal support may or may not be subject to
binding arbitration depending on the facts and circumstances, the nature of any existing
court order, and the party's separation agreement if already approved and incorporated
by the
court.
It is important that this agreement is documented as a legally
binding Consent
order and approved
by a family
court.
The goal of the proceedings is a legally
binding separation agreement or
court order by consent that incorporates these decisions.
Once the
Court hands down a custody or access
order, the
order is legally
binding and enforceable throughout Canada and may be enforced
by any Superior
Court Judge in any province.
Any change to an agreement previously approved
by a judge must be filed with the
court in
order to be legally
binding.