Sentences with phrase «civil procedure which»

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.

Not exact matches

There are plenty of registrars prepared to carry out this procedure (which did not exist when Ladele became a registrar): and the couples involved would have been quite unaware even of Lillian Ladele's existence, let alone of her views on civil partnerships.

The colour codes, which are in accordance with recommended International Civil Aviation Organisation procedures, are intended to inform the aviation sector about a volcano's status.

The NAACP's civil - rights complaint is based on what's known nowadays as «disparate - impact analysis,» which is to say that if a seemingly objective and even - handed procedure yields a result that is not equitably distributed by race (or gender, handicapping condition, whatever), it is presumed to be discriminatory on grounds forbidden under sundry civil - rights laws and constitutional provisions.

I look at the legal issues that emerge from the aggressive interpretation of Title IV and Title VI of the Civil Rights Act and also at the procedures by which ED and DOJ seek to impose their proposals.

(c) The Civil Service Commission, after consultation with the Committee, shall develop and recommend to the Secretary for referral to the appropriate State agencies, policies and procedures which will facilitate the hiring, placement, and advancement in employment of individuals who have received REHABILITATION services under State vocational REHABILITATION programs, veterans» programs, or any other program for handicapped individuals, including the promotion of job opportunities for such individuals.

In this position she managed the implementation and execution of the Secretary's statutory and administrative responsibilities in civil transportation emergency preparedness, which included the overall Departmental civil emergency preparedness policies, plans, procedures, systems, and programs on transportation matters ranging from man - made crises and national security emergencies to natural disasters.

You will not, and will not allow or authorize others to, use the Services, the Sites or any Materials therein to take any actions that: (i) infringe on PetSmart Charities» or any third party's copyright, patent, trademark, trade secret or other intellectual or proprietary rights, or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, constitute discrimination based on race, religion, ethnicity, gender, sex, disability or other protected grounds, or are pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on PetSmart Charities or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices, or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate any applicable «anti-spam» legislation, including that commonly referred to as «CASL»; (vii) would be or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of PetSmart Charities» or another party's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other account users or attempt to gain access to other account users» accounts or otherwise mine information about other account users or the Sites, or interfere with any other user's ability to access or use the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) in PetSmart Charities» sole discretion, are contrary to PetSmart Charities» public image, goodwill, reputation or mission, or otherwise not in furtherance of our Vision of a lifelong, loving home for every pet.

You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous, hateful, discriminatory based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Animal League or its licensors or suppliers» infrastructure; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and / or distribution of «junk mail», «spam», «chain letters», «pyramid schemes» or other deceptive online marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN - SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international laws, rules or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interfere with the Sites or any servers or networks connected to the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, or attempt to breach the security of or disrupt Internet communications on the Sites (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Animal League's or other's officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Sites; (xi) collect or store personal data about other Animal League members, Site users or attempt to gain access to other Animal League members information, or otherwise mine information about Animal League members, Site users, or the Sites; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Sites» servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account («cracking») on or from the Sites; or (xiv) are contrary to the Animal League's public image, goodwill, reputation or mission or otherwise not in furtherance of the Animal Leagues stated purposes.

On May 3rd, in light of the «handshake incident» in which Jamshed Bharucha fired student - instructor Vincent Hui and removed him from the cross-country team without due process, Cooper's Joint Student Council passed a resolution that they, «[do] not recognize the right of the administration to punish a student according to its own judgement without an official complaint and trial,» and that, «Removal of privileges due to «civil disobedience» is subject to the procedures outlined by the Code of Conduct.»

So, just as in the law we have two criminal procedures: criminal law where the requirement is «proof beyond reasonable doubt» and civil law «on the balance of probabilities», I personally think it is time we had Science (proof by experiment, the null hypothesis — proof beyond all reasonable doubt) and «science» (soft science)... where assertions are made using rigorous assessment of the data and the application of known scientific principles, but assertions have to be made which can not be subject to the full rigours of the scientific methodology.

One of the more radical reforms was the creation of the Civil Procedure Rule Committee which transferred the power to amend civil procedure from Parliament to a committee of judicial and lay expCivil Procedure Rule Committee which transferred the power to amend civil procedure from Parliament to a committee of judicial and lay expcivil procedure from Parliament to a committee of judicial and lay experts.

Every document has its own important role in your legal suit, and civil procedure is full of important deadlines which if missed can greatly jeopardize your case.

Lord Jackson attended at that seminar and although it is perhaps ironic that the Scottish Civil Courts Review may have a serious impact on the effectiveness of the current Court of Session procedures, in that they will be moved to the Sheriff Court, Lord Jackson, although approving of the Scottish system, was aware of the need for protection against awards of costs, which is of course currently widely available in England through the provision of ATE insurance.

Indeed at the Glasgow seminar on 19th October 2009, a number of speakers made the point that personal injury litigation, which is currently being conducted under the new procedures developed by the Court of Session, is the most successful part of the Scottish Civil Justice system.».

As can be seen in this appeal, the creation of national classes also raises the issue of relations between equal but different superior courts in a federal system in which civil procedure and the administration of justice are under provincial jurisdiction.

(The rules of civil procedure in some jurisdictions set out the grounds for service ex juris, which are themselves a checklist of connecting factors.

You have a judge trial that lasts 30 minutes against someone who is not represented — the perception is different than if you're doing a five - day jury trial which is hotly contested, with the regular rules of evidence, the rules of civil procedure.

If it's good enough for civil, family, insolvency and patent to play around with their procedures then it's good enough for the CoP which has coughed that amendments to its rules is long overdue.

The future Earlier this year, Jack Straw announced the publication of a draft Constitutional Renewal Bill, which laid out a series of proposals including clarifying the role of the attorney general in respect of managing prosecutions, abolishing nolle prosequi, and reforming both judicial appointments procedure and the civil service.

Sure, we could see the decline of heavy litigation which supports much of the UK eDiscovery industry, but I have been predicting that anyway thanks to high costs, civil procedure rules which are not fit for purpose, a wet (and disgruntled) judiciary, and a wholly ineffective, not to say deliberately destructive, attitude on the part of the government and the Ministry of Justice.

When HMRC is considering whether a case should be investigated under the Civil Investigation of Fraud procedures or is the subject of a criminal investigation, one factor which HMRC will take in to account is whether the taxpayer (s) has made a complete and unprompted disclosure of the offences which HMRC suspect have been committed.

Which means, a slip and fall victim has to gather witness testimony, video evidence, documentary evidence, and the like, — evidence that can be admitted under Florida's rules of civil procedure — in order to have a valid injury claim under Florida law (even though Florida Statute 768.0755 does not affect any common - law duty of care owed by a person or entity in possession or control of a business premises).

The main objectives of Bill 28, An Act to establish the new Code of Civil Procedure (which is explained in my previous post here), are to modernize court procedures and processes, improve public confidence in the court system and make access to justice more efficient, simpler, faster and less costly.

[25] In recent judgments, this rationale has been doubted, largely on the grounds that changes to English civil procedure (particularly the rules of pretrial disclosure) have introduced a culture of openness, which sits uneasily with any right to «secrecy» in adversarial litigation.

Quebec civil procedure distinguishes between «declinatory exceptions», which are preliminary motions to stay or dismiss based on absence of personal or subject - matter jurisdiction (compétence)[Quebec Code of Civil Procedure, arts. 163 - 164] and «exceptions to dismiss» (moyens de non-recevabilité), which are motions to stay or dismiss on other grounds: (i) res judicata or lis pendens, (ii) lack of legal capacity to sue or be sued, (iii) plaintiff's lack of standing, and (iv) no reasonable cause of action [C.C.P., arts. 165 - civil procedure distinguishes between «declinatory exceptions», which are preliminary motions to stay or dismiss based on absence of personal or subject - matter jurisdiction (compétence)[Quebec Code of Civil Procedure, arts. 163 - 164] and «exceptions to dismiss» (moyens de non-recevabilité), which are motions to stay or dismiss on other grounds: (i) res judicata or lis pendens, (ii) lack of legal capacity to sue or be sued, (iii) plaintiff's lack of standing, and (iv) no reasonable cause of action [C.C.P., arts. 165 - Civil Procedure, arts. 163 - 164] and «exceptions to dismiss» (moyens de non-recevabilité), which are motions to stay or dismiss on other grounds: (i) res judicata or lis pendens, (ii) lack of legal capacity to sue or be sued, (iii) plaintiff's lack of standing, and (iv) no reasonable cause of action [C.C.P., arts. 165 - 167].

The revisions, which are the most significant change to first year courses in over 100 years, mean that hours will cut from the core courses — contracts, torts, civil procedure, criminal law and property.

The appeal is by «notice in writing of the appeal, setting out the grounds of the appeal» (Family Proceedings Rules 1991 r 8.2 A (2)(a)-RRB-, the rule does not quite say that this is under the Civil Procedure Rules 1998 Pt 52 procedure (even by analogy, and using Pt 52 forms, which are very easy to use: one minus from the case stated procedure which did proceed under Pt 52).

Just when most magistrates» legal advisers had cracked the question of what type of proceedings are child support proceedings in their court (they are not «family proceedings» because they are not listed in MCA 1980 s 65 (1) among those statutes which do give rise to «family proceedings»); just when the more alert had resolved that they are therefore civil proceedings, heard in open court and by the procedure set out in MCA 1980, s 53 and under the appropriate non-family procedural rules; along comes s 111A (5).

For the barrister exam, the topics include professional responsibility, civil procedure, family law, criminal law and public law, which encompasses both administrative and constitutional law.

Subsection (b) refers to Federal Rule of Civil Procedure 26 (b)(5)(B), which established a uniform procedure for the federal courts to address inadvertent waiver.

Common «legalese» will be made comprehensible and experts will learn the procedural and substantive laws which impact them and govern legal disputes including: civil procedure, discovery, trial practice, causes of action, affirmative defenses, evidence, contracts, negligence, Daubert / Frye and the legal rules and concepts most relevant to expert witnessing.

The Court of Appeal recently overturned a summary judgment, finding that the motion judge erred by allowing the dispute to proceed by way of summary judgement due to the fact that the case presented serious evidentiary difficulties which could not be properly addressed in the context of a simplified procedure under rule 76 of the Ontario Rules of Civil Procedure.

Lord Woolf suggested in his 1996 report, Access to Justice - which led to the current civil procedure rules - that expert witnesses were used as «adversarial tools» and witnesses of fact can be used in the same way.

If the government denies the claim — which is generally standard procedure — you have six months from the date of the denial to file a civil claim in court.

Employers can also expect to be dealing with more claims through the simplified procedures stream in the civil courts, as opposed to the Human Rights Tribunal — a development which should see claims resolved more quickly.

Some of the areas in which corporate defence groups excel include pre-indictment representation, internal investigations, compliance reviews (including policies / procedures and training), media crisis management, representation in criminal and civil trials, parallel proceedings, criminal appeals, monitorships, receiverships, etc..

In conjunction with the settlement, both entities were required to enter into correction action plans, which include requirements to: conduct a risk analysis and develop a risk management plan, implement a security awareness training program for staff, implement new policies and procedures, revise existing policies and procedures, and provide progress reports to the Office of Civil Rights (OCR).

In particular, and without prejudice to paragraph 3, no special procedure shall be required for updating the civil - status records of a Member State on the basis of a judgment relating to divorce, legal separation or marriage annulment given in another Member State, and against which no further appeal lies under the law of that Member State.

All courts have «rules,» which set forth the procedure courts follow when adjudicating civil lawsuits or appeals.

Date — Bah JSC in this case stated that: «what is intended to be covered by Order 81 are irregularities, short of situations of want of jurisdiction or infringements of statutes other than the High Court Rules... thus, whilst Order 81 rule 1 treats non compliance with the Rules as not nullifying the non - complying proceedings, the rule DOES NOT apply to non — compliance which is so fundamental as to go to Jurisdiction, or which is in breach of a Statute other than the civil procedure rules; breach of the Constitution; or the breach of the rules of natural justice.»

[33] The Tribunal is of the view that the Appellant could not be unaware of the scope of her actions, and that in this context, it does not accept the Appellant's argument that it was [translation] «ignorance» on her part, a [translation] «lack of understanding» of the Civil Service Act, that she was not [translation] «aware of the exact procedure», that she had misinterpreted it, or that she was unaware that [translation] «consulting a personal file was wrong,» which she stopped doing following her meeting with her employer on May 15, 2013 (Exhibits GD2 - 2 and GD2 - 5).

The rules of practice and procedure, in civil matters, of the court in which proceedings are commenced by way of application apply to those proceedings, but where those rules do not provide for the proceedings to be heard and determined without delay and in a summary way, the court may give such directions as it considers necessary in order to so provide.

IT IS HEREBY ORDERED, pursuant to the foregoing enabling act and to the matters recited in the foregoing preface, that the annexed rules be and the same hereby are adopted for the regulation of original and appellate civil practice and procedure in judicial proceedings in the district courts of the State of Nevada, and the forms annexed thereto approved; that the same shall be effective on January 1, 1953; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges and district attorneys), and that the certificate of the clerk of this court as to such mailing, not less than sixty days prior to January 1, 1953, shall be conclusive evidence of the adoption and publication of said rules in accordance with the provisions of said enabling act.

This brand new title which covers civil court procedure rules in the Channel Islands and the Isle of Man has been compiled by Carey Olsen Counsel, Richard Holden.

BACKGROUND: Pursuant to Article VIII Section 3 of the West Virginia Constitution, the Supreme Court of Appeals of West Virginia «shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all the courts of the State relating to writs, warrants, process, practice and procedure, which shall have the force and effect of law.»

The Rules of the Supreme Court (RSC) were the rules which governed civil procedure in the Supreme Court of Judicature of England and Wales from its formation in 1883 until 1999.

Investigations and Law Enforcement — Selected Duties & Responsibilities Build and implement investigations programs and security solutions to enable effective organizational administration, threat detection / elimination, conflict / issue resolution, and other critical discovery functions Utilize various technical applications, including cameras, A / V equipment, transmitters, recorders, and bugs, to generate valuable information and isolate parties responsible for criminal and civil malfeasance Create issue and security reports to enable development of new policies and procedures aimed at preventing further wrongdoing and protect valuable resources team Integrate investigative principles into corporate strategic mission, ensuring management and program accountability, proactive prevention of discrimination, case efficiency, and legal analysis Perform security and crime analyses of firm infrastructure against related compliance requirements as well as on - going vulnerability assessments to continuously mitigate risk Develop investigatory standard documents to serve as guide and rules resources to promote fair and legal probes Supervise related departmental staff, including performance plan development and assessment, technical oversight, personnel recruitment and training, staff discipline, and other pertinent functions Work as a member of the corporate incident response team in the execution of all related tasks, including incident response plan development, damage minimization, resource restoration, and firm integrity protection Communicate all issues and user feedback to members of management, law enforcement professionals, and other interested parties, generating situational reports and follow - up recommendations based on investigatory results Maintain a strong working knowledge of all software, hardware, applications, techniques, trends and other critical tools which aid in effective investigation React quickly based upon limited and confidential information, drawing upon extensive police and military experience in tense, complicated situations Collaborate in the preparation of necessary legal documents, including search and arrest warrants Assist management with various other duties as assigned