Sentences with phrase «civil proceedings with»

Not exact matches

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

In separate (brief) reasons for judgment, Justice Gageler agreed with the conclusion in the majority reasons that Barbaro does not apply to civil penalty proceedings and joined in the proposed orders.

ELK POINT, SD — It would probably not be accurate to say Professor Mindy Brashears speaks with a Texas twang or that ABC's attorney Dane Butswinkas has a Richmond dialect, but the difficulty the two have understanding each other slowed proceedings on the fourth day of the $ 1.9 billion civil defamation trial against the network.

Mr. Broderick's practice also includes representing clients in civil business litigation, many of which are parallel or related proceedings filed in connection with criminal and regulatory matters.

The bill proposed the substitution of subsection 308 (2) which reads «the provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party», with a new section.

Insect scientists, or entomologists, are being called upon with increasing frequency to apply their knowledge and expertise to criminal and civil proceedings.

Directors Anthony and Joe Russo, who previously helmed Captain America: The Winter Soldier (2014) and Civil War and therefore are quite familiar with the terrain both narrative and aesthetic, keep the proceedings lively and moving at a brisk clip, which makes the two - and - a-half-hour running time feel relatively brisk.

«(b) AUTHORITY - Each United States district court shall authorize, by local rule adopted under section 2071 (a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654.

(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

Nor shall anything herein be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

If they do, these legal proceedings will be civil rather than criminal, and will have nothing to do with the police or the possibility of jail.

In cases with the potential to significantly improve legal protections for companion animals, the legal advocacy department will bring legal proceedings corollary to the criminal prosecution including writs, declaratory judgments and petitions for injunctive relief, and will initiate or support civil litigation on the state and federal level to promote those heightened legal protections.

Finally, says Brooke LJ (at [52] and [64]-RRB- «family law practitioners who are concerend with proceedings which may lead to committal [must] be fully acquainted with the requirements of» the Convention, Art 6; for, he said, he was «completely satisfied that [the committal practice direction set outs] the practice which must be applied, both in civil courts and in family courts, in proceedings in which committal to prison may be in issue».

When it came to lawyers representing cases or clients that advanced or advocated for civil rights, they were often targeted with repeated disciplinary proceedings.

Aside from the fact that the «fine» was imposed in separate «criminal» proceedings which were based on allegations of adultery, the roughly translated documents from the civil action do not indicate that the Taiwanese courts have dealt with property issues at all.

In the article, Grace, a partner with Lerners LLP, says accusations of criminal sexual assault are typically also actionable in civil court, which means there's often an overlap between proceedings.

Family: All aspects of family and matrimonial work including international issues are undertaken, in connection with separation and divorce, both in the context of married and unmarried relationships, civil partnerships, financial settlements and proceedings, prenuptial contracts, and matters concerning children — ranging from issues involving custody and child abduction to surrogacy and adoption.

Familiar with administrative procedures, rulemaking, policy and enforcement, Rick represented the agency in rules challenges and appellate litigation, prosecuted administrative disciplinary proceedings against accountants, conducted civil enforcement litigation against broker - dealers and corporate executives, and regularly participated in agency investigations.

These are that: (i) the jurisdiction is to be invoked and exercised exceptionally and with great caution; (ii) there must certainly be something more than mere infringement of the criminal law before the assistance of civil proceedings can be invoked and accorded for the protection or promotion of the interests of the inhabitants of the area; (iii) the essential foundation for the exercise of the court's discretion to grant an injunction is not that the off ender is deliberately and flagrantly flouting the law, but the need to draw the inference that the defendant's unlawful operations will continue unless and until effectively restrained by the law and that nothing short of an injunction will be eff ective to restrain them.

(1) No person shall --(a) take or attempt to take in any court any photograph, or with a view to publication make or attempt to make in any court any portrait or sketch, of any person, being a judge of the court or a juror or a witness in or a party to any proceedings before the court, whether civil or criminal; or (b) publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction thereof; and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding fifty pounds.

«Confidentiality in the mediation process is important and this Directive should therefore provide for a minimum degree of compatibility of civil procedural rules with regard to how to protect the confidentiality of mediation in any subsequent civil and commercial judicial proceedings or arbitration.»

In relation to cross-border mediation, Art 7 of the Directive adds teeth to that expectation, by requiring member states to ensure that mediators must not be compellable to give evidence in civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of the mediation settlement agreement is necessary in order to implement or enforce it.

Returning to the Mediation Directive, Art 7 represents, no doubt, the outcome of a committee - based compromise, by seeking to impose a broadly based privilege for mediators (and others «involved in the administration of the mediation process») against being compelled to give evidence in civil proceedings arising out of or in connection with a mediation process, subject only to two very narrowly drawn exceptions, which would not appear to recognise any of the established exceptions to the without prejudice principle, save indirectly perhaps the fourth.

Here are some tips for attorneys and clients faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, whether in the United States or internationally.

This case has had such a significant impact on civil legal proceedings in the courts in Ontario, including with respect to the access to justice, that it has, in the course of one year since the decision was released, been cited in more than 400 reported decisions of the courts in Canada.

The time limit for issuing court proceedings in civil claims (explained at page 14) applies to men and women with pleural plaques who had some exposure to asbestos in Scotland and / or Northern Ireland.

However, the case law is clear that it is a matter of discretion for the trial judge in the civil proceedings to decide whether to adjourn (Jefferson v Betcha [1979] 2 All ER 1108) and one to be exercised «with great care» only where there is «a real risk of serious prejudice» (R v Panel on Takeovers and Mergers, ex parte Fayed [1992] BCLC 938).

This provision must be read in conjunction with Recital 6, which states that «administrative proceedings leading to sanctions such as competition, trade, tax, financial services proceedings and other investigations by administrative authorities in relation to these proceedings, and also civil proceedings are not covered by this Directive.»

While there appears to be no case law directly on point, there is substantial case law concerning the analogous situation where civil proceedings are brought in parallel with criminal proceedings concerning the same matter.

In the development of the standard, the difficulty arose in applying the civil standard to cases with quasi-criminal elements (defence allegations of fraud or crime on the plaintiff's part), family law proceedings in the time before no - fault divorce, or matters of equity decided in the common law courts.

Although I'm not particularly preoccupied with legislation governing banks and corporations, I am concerned about the rules governing civil proceedings and the law on domestic relations, personal taxation, government benefits and criminal conduct, and it seems to me that a major goal of law and justice reform over the next decade should be improving the accessibility of the legislation and regulations most affecting individuals.

The test corresponded closely to that laid down in the criminal context by R v Ghosh; and it was more appropriate that the test for dishonesty in the context of solicitors» disciplinary proceedings should be aligned with the criminal test than with the test for determining civil liability for assisting in a breach of a trust.

What IA 2005 does not do, however, is to grapple with the difficult interplay between such inquiries — which, by virtue of IA 2005, can have many of the features of legal proceedings — and other civil and criminal proceedings that are contemplated or already on foot.

Kiernan says: «The EU investigation shows that a two - pronged approach with parallel or sequential criminal and civil proceedings can deliver the optimal spread of action against individuals and companies.

Spears» divorce and custody proceedings with Kevin Federline ($ 460,000 in total fees and costs), a Florida civil suit brought by a former manager ($ 113,000), a driving - without - a-license trial ($ 26,000) and a dispute over mold in a Malibu property leased by Spears ($ 7,000).

There was general sense, if CFAs were to be a substantial means of financing civil litigation, that they should not be overcomplicated, that costs should be agreed wherever possible, and that, if there were to be contested costs proceedings, the means whereby the winning solicitor had financed litigation which he had lost should extend to the costs proceedings at the same rate as the proceedings themselves, if that was what had been agreed with the client.

The Ontario Office of the Children's Lawyer may represent children under the age of 18 with respect to their personal and property rights, including child custody and access disputes, child protection proceedings, estate matters and civil litigation.

[134] However, there is now some limited authority for the proposition that a party to negotiations with a regulatory authority may unilaterally waive without prejudice privilege in respect of communications with that authority if it subsequently puts the basis of the regulator's decision in issue in civil proceedings.

To assist their clients, personal injury attorneys work routinely with experts who may be called as witnesses in personal injury cases: crash reconstruction experts, civil engineers, medical experts and others are frequently called on to testify in personal injury proceedings.

Contentious child custody proceedings are civil trials where the final parenting plans dictating when a parent will visit with their child is made by a judge.

Specifically in the context of contemplated CROs, the current policy (set out in the Attorney General's Guidelines on asset recovery) 66 should prevent civil recovery proceedings from being pursued in parallel with criminal proceedings; although the Bruce Hall example discussed above demonstrates there is no bar against such proceedings being pursued in tandem with criminal proceedings provided the conduct that is the subject of the respective proceedings can be appropriately distinguished.67

It is incompatible with Council Regulation No 44 / 2001 / EC (jurisdiction and recognition and enforcement of judgments in civil and commercial matters) for a court of a member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.

They were made by the Lord Chancellor under the Justice and Security Act 2013 and surprisingly were not published in blank as they deal with the Act's regime for a closed material procedure in civil proceedings in England and Wales in the High Court, Court of Appeal and Supreme Court.

Their Family Procedure Rules 2010 are steadily amended, thus to Alsatianate procedures from the rest of civil proceedings; and often with dubious legality.

What kind of relationships do you have with opposing counsel — and is there a difference between civil and criminal proceedings?

R. v. Babos (A.) 2014 SCC 16 Civil Rights — Canadian Charter of Rights and Freedoms — Denial of rights — Remedies — Stay of proceedings The accused were charged with 22 offences involving firearms, drugs and organized crime.

(a) to recognise the right of a mentally competent adult who is suffering intolerably from a terminal illness to request a medical practitioner to provide medical services that allows the person to end his or her life peacefully, humanely and with dignity; and (b) to grant a medical practitioner who provides such services immunity from liability in civil, criminal and disciplinary proceedings.

HELD The purpose of a criminal restraint order, as with a civil freezing order, is not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by any order which may be made against the defendant at the end of the proceedings.

Representation of a former derivatives trader at major financial institution in connection with parallel DOJ and SEC criminal and civil proceedings