Sentences with phrase «by litigants with»

number of complete applications for leave to appeal and notices of appeal as of right filed by litigants with the Court's Registry each year;

Cases Filed: the number of complete applications for leave to appeal and notices of appeal as of right filed by litigants with the Court's Registry each year

Not exact matches

But courts move glacially, as witnessed by the county's two - year battle with the railroad, and time is on the litigants» side.

Democratic state Assemblyman Tom Abinanti of Westchester County says it is unseemly for judges and district attorneys to run for office with their campaigns funded by lawyers and litigants on whose cases they are about to rule.

In 2005 two sets of litigants mounted suits with this language in an effort to secure more federal funding or relief from federal requirements, but were not expected by legal analysts to get far (see «NEA Sues over NCLB,» legal beat, Fall 2005).

Farr was «evidently undeterred» by the injunction and accepted another $ 20,000 the same year to aid a divorce litigant who wanted to file a petition with the U.S. Supreme Court, the Tax Court said.

The Vexatious Litigant by Trevor Todd, past President of the Trial Lawyers Association of BC, and Judith Milliken, QC, an estate litigation, wills, and trusts lawyer with Stewart Aulinger, Vancouver: «We learned first - hand about vexatious litigants in 1982 after winning a successful civil claim.

What Self — Represented Litigants (Actually) Want by Sarah Burton, a lawyer with the Alberta Civil Liberties Research Centre in Calgary: «Countless reports, working groups, and studies have asked this question, and reached diverse and creative conclusions.

A few years ago I was doing some work for a professional association on guidelines for dealing with litigants without counsel and I was struck by the extent to which some legal professionals regard litigants without counsel as interlopers who gum up the finely tuned, well - oiled machine that is their justice system.

Siding with the Fourth, Seventh, and Eighth Circuits, the Supreme Court held a federal court exercising its inherent authority to sanction bad faith conduct by ordering a litigant to pay the other side's legal fees is limited to awarding the fees the innocent party incurred solely because of the misconduct or — put another way — to the fees that party would not have incurred but for the bad faith.

The following factors are considered in determining recognition and enforceability of a Alaska injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

A litigant must still comply with the rules and procedures of the court; failure to do so is not excused by one's self - represented status: Leung at para. 66.

I have to confess that when I first read the headline — «Self - represented litigants «treated with contempt» by many judges, study finds» — my heart jumped into my throat.

It would be conducted online rather than on paper, designed primarily for use by litigants in person, investigatory rather than purely adversarial, with conciliation (including mediation and ENE (early neutral evaluation)-RRB- as a mainstream rather than only alternative form of resolution and face - to - face hearings for resolution only if documentary, telephone or video alternatives are unsuitable.

A2J Guided Interviews ® created with A2J Author removes many of the barriers faced by self - represented litigants, allowing them to easily complete forms through a step - by - step interface and then print court documents that are ready to be filed with the court system.

(11) the May 15, 2013, Toronto Star newspaper article about the «broken justice system,» entitled, «Do - it - yourself - law — a trickle becomes a deluge,» dealing with the National Self - Represented Litigants Research Study (2013) conducted by University of Windsor law Professor Julie Macfarlane online:.

; citing: Andre Gallant, «The Tax Court's Informal Procedure and Self - Represented Litigants: Problems and Solutions» (2005), 53 Canadian Tax Journal 2; and, Anne - Marie Langan, «Threatening the Balance of the Scales of Justice: Unrepresented Litigants in the Family Courts of Ontario» (2005), 30 Queen's L.J. 825, «the author cites data compiled by the Ontario Ministry of the Attorney General, which show that in 2003, 43.2 percent of applicants in the Family Court Division of the Ontario Court of Justice were not represented by counsel when they first filed with the court.

Combined with limited judicial resources, the need to encourage settlement and discourage inappropriate behaviour by litigants has never been more pressing.

Sir Alan Ward observed for the Court of Appeal that the case typifies the difficulties now being encountered by the judiciary in dealing with self represented litigants.

However, with the SHR remaining at the July 1997 level, the recovery gap becomes wider and wider as time goes by and this effectively penalises successful litigants in Hong Kong, as they are left to settle the (often significant) difference between their actual costs and their recoverable costs out of their own pocket.

The following factors are considered in determining recognition and enforceability of a Georgia injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

The amendment removes language inconsistent with simultaneously adopted V.R.C.P. 5 (h), which requires a certificate of service to be filed by an attorney as well as by a self - represented litigant.

It impacts on the decision and strategy on whether to litigate even with a meritorious claim, and is becoming an issue of access to justice, especially for impecunious litigants who are disproportionally affected by the recovery gap.

McLachlin also poured cold water on the idea of sabbaticals (as suggesed in by Charron in an interview with Canadian Lawyer) to allow Supreme Court judges a chance to recharge their batteries, explaining that litigants may factor the absence of certain judges into a decision on whether to appeal.

Meanwhile, these four types of damage caused by the problem are getting worse: (1) to the population in that there are many thousands of people whose lives have been damaged for lack of legal services; (2) to the courts in that they are being clogged, as judges have warned, by high percentages of self - represented litigants, because their cases move much more slowly than those that have lawyers; (3) to the legal profession in that it is shrinking and is predicted to have a very negative future of contracting and of law firms failing; and, (4) to legal aid organizations because it is politically very unwise for governments to fund them better with taxpayers» money, to enable them to provide free legal services to more poor people, while the majority of the taxpayers can not obtain legal services for themselves at reasonable cost.

Our courtrooms today are filled with litigants who are not represented by counsel, trying to navigate the sometimes complex demands of law and procedure.

... costs borne by society at large include: costs associated with delays in court and administrative proceedings; increased court operation costs attributable to unrepresented litigants and accused; and, more broadly, costs associated with legal problems that are not resolved in an acceptable manner (including increased health care costs, increased social assistance costs and so on).

One criticism that particularly interested me had to do with the intersection of fiction writing and judging, making the point, among others, that authors who write fiction know the lives of their characters intimately and in great detail because they plan them, and it is wrong — presumptuous — for a judge to give the impression by adopting a fiction genre style that he knows a litigant as thoroughly.

As I'm sure most of you will know by now, an Alberta judge has caught the world's eye with a hefty (176 page) decision that, among other things, produced a taxonomy of vexatious litigants who adhere to one cause or another or to a set of supposedly effective trial practices.

We are delighted to recommend a new book written by SRL coach, lawyer Denice Barrie (www.waymarklaw.ca) from Gabriola Island, B.C. Titled «Journey to Justice: A Practical Guide to Effectively Representing Yourself in Court», Denice's book is packed with practical ideas, to - do checklists, and supportive tips that draw on her extensive experience in legal practice and of working with self - represented litigants.

And by «evidence,» I mean that the litigant is able to document the communication with the other side, usually by way of email.

By contrast, the advicenow.uk website has much fuller information, broken up into a series of practical guides with quotes from litigants and illustrations.

Having no knowledge of the applicable Rules of Professional Conduct, the self - represented litigant is therefore prone to be bullied by opposing counsel, with no one around to articulate — much less to document — how a lawyer might be «gaming» the court's processes in order to take full advantage of a self - represented party's relative lack of legal sophistication.

Although we may disagree with and be vexed by litigants» choice to represent themselves, until we revise the rules to forbid self - representation, self - represented litigants are here to say.

I understand the constitutional, financial and practical reasons for the courts» existence, but most litigants without counsel are justifiably flummoxed by the parallel existence of courts with different rules, different forms, different jurisdiction and different fee structures.

(2) Courts are clogged with unrepresented litigants; judges» having to help such unrepresented litigants contradicts a judge's appearance of impartiality when one party is represented by counsel and the other is not.

Moreover, Member States may face proceedings by private litigants demanding compliance with the Directive.

These women reminded me that although the law says that fairness is to be the touchstone in dealings with self - represented litigants, more often than not, the self - representing litigant is disappointed by the legal system's response to their presence in the courtroom.

Actually, two of the most striking things about the current situation seem to me (by comparison with recent history) the convergence of interest by people and institutions traditionally separate within jurisdictions (e.g. inhabiting the worlds of PLE, legal aid, self represented litigants) and the degree of international linking helped by HiiL's entrepreneurialism (you can go to few countries in the world and not find that they have been there the week before) but also exampled by links the licensing of material from the Justice Education Society of British Columbia by California courts.

It attributes the lack of candidates to low judicial morale, caused by an increased workload, dissatisfaction with the tax treatment of judicial pensions, increased numbers of litigants in person and a sense of not being valued by the government.

We are unable to meet personally with self - represented litigants but you may contact our office, by phone, Monday through Friday, from 8:00 am — 5:00 pm, by calling 352-341-7007

True to its name, the Justice Innovation Division team, lead by Glen Gardner, Assistant Deputy Minister, followed Sue's presentation on «The SRL Phenomenon: Consequences for Justice Services and Justice Seekers» with a lively discussion on how the justice system in Saskatchewan could be more innovative in responding to justice system participants, many of whom are self - represented litigants.

The American Bar Association held its annual meeting late last month, with several panels focused on the problems presented by self represented litigants.

The following factors are considered in determining recognition and enforceability of a Tennessee injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

The following factors are considered in determining recognition and enforceability of a Missouri injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

Van Rensburg, J. granted applications by Her Majesty the Queen and LawPRO for an order under s. 140 of the Courts of Justice Act, declaring a particularly determined plaintiff to be a vexatious litigant and prohibiting him from instituting or continuing any proceeding, except with leave of a judge of the Superior Court.

It may for example not be necessary to grant legal aid for more than advice, particularly as the obtaining of advice from a competent solicitor may save further cost by persuading the individual that he has no case or enabling him to present his application in a way which enables the decision maker or court to deal with it expeditiously and without the cost incurred in seeing whether a litigant in person does have valid points.

The following factors are considered in determining recognition and enforceability of a California injunction: (a) are the terms of the order clear and specific enough to ensure that the defendant will know what is expected; (b) is the order limited in its scope and did the originating court retain the power to issue further orders; (c) is the enforcement the least burdensome remedy for the Canadian justice system; (d) is the Canadian litigant exposed to unforeseen obligations; (e) are any third parties affected by the order; and (f) will the use of judicial resources be consistent with what would be allowed for domestic litigants.

However, after reading it, I was struck by how the errors he identifies and describes — and his suggestions for how to avoid them — can assist lawyers and litigants and the mediators who, in turn, work with them to try to resolve cases.

According to the Society's website McKenzie Friends help personal litigants by: providing moral support; taking notes; and helping with case papers.