CRT adjudications will have the same
effect as court orders and will provide the population inexpensive, fast, and easy access to justice for a range of civil disputes.
CRT adjudications will have the same
effect as court orders and will provide the...
When a consent order is made, it has the same
effect as a court order made after a hearing.
Not exact matches
A temporary restraining
order (or TRO) against the ban had already been issued, but Judge Watson's
order will remain in
effect for
as long
as Hawaii's lawsuit challenging the
order, unless a higher
court rules otherwise.
In the application challenging the bench warrnt issued against him, Tompolo is arguing that the EFCC did not follow due process of law in applying for an
order of substituted service of the criminal charge against him, adding that no service of the charge was
effected as directed by the
court before the EFCC applied for a warrant of arrest against him.
«I have made an
order which has to be obeyed and the
order is to the
effect that the accused be allowed to go abroad
as from November 4 to treat his ailment within three weeks and return to the
court on November 26 for his trial in the charges brought against him», the judge had said.
«Once the accuracy of the designation of a controlee
as a terrorist suspect has been verified by the
court,
as a general rule judges should recognise that officials and the police have far more understanding of the restrictions required to
effect a control
order,» he said.
«
As a party, we shall fully cooperate with the IGP and the Nigeria Police in ensuring maximum compliance with the
Court order dated May 12, 2016 to the
effect that no election should be conducted into the above offices, namely National Chairman, National Secretary, and National Auditor pending the resolution of the cases in
Court.
(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.
The judgment takes
effect from the day when it is given or made, or such later date
as the
court may specify (FPR 2010, r 29.15); and an appeal is against that judgment, not the
order.
The
effect of the decision was that a mother was deprived of the opportunity to prove that she was now safe to care for her children, despite curing her additions, while suffering the trauma of the threat of losing her children, simply because she had taken too long,
as the children had already been looked after for 20 months and the
Court of Appeal was of the opinion that a court would be unlikely to revoke the placement order, as they would find that the further delays necessitating rehabilitation not to be in the children's wel
Court of Appeal was of the opinion that a
court would be unlikely to revoke the placement order, as they would find that the further delays necessitating rehabilitation not to be in the children's wel
court would be unlikely to revoke the placement
order,
as they would find that the further delays necessitating rehabilitation not to be in the children's welfare.
Administrative appeals ask a
court or other reviewing body to overturn, alter, or delay the legal
effect of an underlying administrative decision, such
as the decision of a local zoning or planning authority, the decision of a state environmental agency on a permit application, or an administrative agency's enforcement
order alleging a regulatory violation.
(1) the temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) the preferences of each child; (4) the wishes of the parents
as to custody; (5) the past and current interaction and relationship of the child with each parent, the child's siblings, and any other person, including a grandparent, who may significantly affect the best interest of the child; (6) the actions of each parent to encourage the continuing parent child relationship between the child and the other parent,
as is appropriate, including compliance with
court orders; (7) the manipulation by or coercive behavior of the parents in an effort to involve the child in the parents» dispute; (8) any effort by one parent to disparage the other parent in front of the child; (9) the ability of each parent to be actively involved in the life of the child; (10) the child's adjustment to his or her home, school, and community environments; (11) the stability of the child's existing and proposed residences; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, must not be determinative of custody unless the proposed custodial arrangement is not in the best interest of the child; (13) the child's cultural and spiritual background; (14) whether the child or a sibling of the child has been abused or neglected; (15) whether one parent has perpetrated domestic violence or child abuse or the
effect on the child of the actions of an abuser if any domestic violence has occurred between the parents or between a parent and another individual or between the parent and the child; (16) whether one parent has relocated more than one hundred miles from the child's primary residence in the past year, unless the parent relocated for safety reasons; and (17) other factors
as the
court considers necessary.
There is plenty of scope for argument before such an
order is made and argument there will be
as the
court must be satisfied that it is necessary to secure compliance with the contact
order and that its likely
effect is proportionate to the seriousness of the breach.
Their
effect is to continue in the family
court any maintenance application issued in the magistrates»
court before 22 April 2014 and to treat any maintenance
order made by or registered with magistrates
as if it had been made by the family
court.
Adopting the perspective of the European Union, therefore, the dicta of the UK Supreme
Court judgment can be regarded
as an explicit endorsement and acceptance of what Kaarlo Tuori describes
as the
Court of Justice of the European Union's constitutional function of «positioning» the Union legal
order through the creation of juridical doctrines such
as primacy and direct
effect.
To explain this, we can reverse the analogy of statutes such
as the UK's European Communities Act 1972 acting
as a «bridge» to activate the direct
effect of EU law in the national
order (
as most recently reiterated by the High
Court's decision in (R) Miller at paragraphs 37 - 54).
In
effect, if an
order - in - council such
as that used to intern and relocate Japanese - Canadians during World War II resulted in charges being brought in the Ontario
Court of Justice, and that
order - in - council was found to be constitutionally invalid, then the
Court's decision would trump Parliament's will.
In addition, following the revision of the SHR, the lump sum assessment reference figures for certain types of cases (such
as charging
orders, garnishee
orders and three - minute chamber hearings) in both the High
Court and the District
Court of Hong Kong have been increased with
effect from 1 January 2018.
Not only will the UK lose the ability to influence EU policy making in the field of environmental protection, the legal
effects of EU environmental law in the UK's domestic legal
order will change
as the result of the UK no longer being subject to the jurisdiction of the European
Court of Justice.
Perhaps Lord Phillips» observation (Powell, at [103]-RRB- that
as the Housing Act 1980, s 89 (extended period for exceptional circumstances) is Convention compatible, this might have the
effect that
courts wishing to extend the possession period for longer will find themselves adjourning or refusing to make the possession
order.
The
court's
order (released today) regards the South Carolina law
as «not [having] a discriminatory retrogressive
effect,» and that the Act «allows citizens with non-photo voter registration cards to still vote without a photo ID so long
as they state the reason for not having obtained one.»
Upon filing, the CRT decision will have the same force and
effect as an
order of that
court and can be enforced in the same manner
as any other BCSC
order.
Additionally, in making a custody
order under s. 16 (1), the
court shall give
effect to the principle that a child of the marriage should have
as much contact with each spouse
as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact (s. 16 (10)-RRB-.
Tribunal
orders will have the same
effect as court judgments.
(3) From the date of filing, the
order has the same
effect as an
order of the Superior
Court of Justice for the purpose of enforcement to the extent that it is authorized by the applicable agreement.
The
court may also impose a stay on the
effects of an action, such
as a stay of execution of
orders of a lower
court pending appeal.
We do have the Extra-Provincial Enforcement of Custody
Orders Act, RSA 2000, c E-14, which empowers courts in this province, on application, to «enforce... and make any orders it considers necessary to give effect to [an extra-provincial] custody order as if the custody order had been made by the court»
Orders Act, RSA 2000, c E-14, which empowers
courts in this province, on application, to «enforce... and make any
orders it considers necessary to give effect to [an extra-provincial] custody order as if the custody order had been made by the court»
orders it considers necessary to give
effect to [an extra-provincial] custody
order as if the custody
order had been made by the
court» (s 2).
This
court ‑
ordered priority based on the CCAA has the same
effect as a statutory priority.
Not having adequate representation undoubtedly meant that neither was able to present their case appropriately to the
court, or have professional advice
as to the
effect of
court orders and the necessity to comply with
orders, such advice and assistance may have allayed the fears of both sides and prevented the ensuing tragedy.
Both solutions will occur because the power of the news media and of the internet, interacting, will quickly make widely known these types of information, the cumulative
effect of which will force governments and the
courts to act: (1) the situations of the thousands of people whose lives have been ruined because they could not obtain the help of a lawyer; (2) the statistics
as to the increasing percentages of litigants who are unrepresented and clogging the
courts, causing judges to provide more public warnings; (3) the large fees that some lawyers charge; (4) increasing numbers of people being denied Legal Aid and
court - appointed lawyers; (5) the many years that law societies have been unsuccessful in coping with this problem which continues to grow worse; (6) people prosecuted for «the unauthorized practice of law» because they tried to help others desperately in need of a lawyer whom they couldn't afford to hire; (7) that there is no truly effective advertising creating competition among law firms that could cause them to lower their fees; (8) that law societies are too comfortably protected by their monopoly over the provision of legal services, which is why they might block the expansion of the paralegal profession, and haven't effectively innovated with electronic technology and new infrastructure so
as to be able to solve this problem; (9) that when members of the public access the law society website they don't see any reference to the problem that can assure them that something effective is being done and, (10) in
order for the rule of law, the Canadian Charter of Rights and Freedoms, and the whole of Canada's constitution be able to operate effectively and command sufficient respect, the majority of the population must be able to obtain a lawyer at reasonable cost.
the determinations of tribunals could be recommendatory or binding, and in the case of the latter could have the
effect of a
court order or be enforceable in the same manner
as a
court order; and,
Their reaction can be a refusal to give
effect to an act of the IO, following a finding that the act was outside the scope of authority of the IO -LSB-...] or incompatible with another set of norms, be it international norms (such
as a jus cogens norm or a human rights norm) or a norm of the domestic legal
order that has precedence over the act of the IO (such
as the practice of the German constitutional
court in the cases involving judgments of The ECJ and the EctHR).»
With the greatest of respect,
as well, one might question the
Court's interpretation of the fourth element, where they seem to have greatly simplified the reasoning in Catania — moving the bar from the relatively high standard of determining, to use the wording in Catania, to decline the application if «the
order would be of no
effect in the situs», to the ridiculously low threshold of merely requiring that the
order sought «must not be illegal or impossible according to the laws where the property is situated.»
According to Rimer LJ, those dicta had the
effect of stating that, where a «husband is, either actually or in substance, the 100 % owner of a company that owns an asset that might usefully be applied in or towards satisfaction of a wife's ancillary relief claim, it will or may be open to the
court to pierce the company's corporate veil and treat that asset
as property of the husband so
as to enable it to be the subject of a s 24 (1)(a)
order».
Otherwise, the government should be lobbied to amend the code so
as to give the confirming
court a wider remit when considering whether or not to confirm compulsory purchase
orders for the acquisition or retention of mobile phone masts, if only to reflect and give
effect to its own policy advice in PPG 8.
Just
as remarkably, the
court then made an
order under the Scotland Act 1998 suspending the
effect of its ruling until the defect was corrected.
The challenge we face is that if the
orders are drafted so broadly, they will have the opposite
effect as nothing will get accomplished
as the cases languish in the very busy
court systems.
• Adept at drafting and typing a variety of correspondence to clients to
effect payment of
court -
ordered payments such
as child support and alimony
As long as the child remains symptom - free (as determined by daily / weekly ratings on the Parent - Child Relationship Rating Scale), then the standard Court - ordered visitation schedule is in effec
As long
as the child remains symptom - free (as determined by daily / weekly ratings on the Parent - Child Relationship Rating Scale), then the standard Court - ordered visitation schedule is in effec
as the child remains symptom - free (
as determined by daily / weekly ratings on the Parent - Child Relationship Rating Scale), then the standard Court - ordered visitation schedule is in effec
as determined by daily / weekly ratings on the Parent - Child Relationship Rating Scale), then the standard
Court -
ordered visitation schedule is in
effect.
However, in every case, an automatic injunction goes into
effect immediately after filing (against the filing party immediately and against the other party
as soon
as formal service, also called «Notice,» is accomplished) and restrains both parties from inappropriately transferring or depleting assets, disturbing the peace or harassing one another, and removing any minor children from the state without the other parent's consent or a
court order, among other restrictions.
Note 1: The
effect of section 60CA is that in deciding whether to go on to make a parenting
order for the child to spend substantial time with each of the parents, the
court will regard the best interests of the child
as the paramount consideration.
Consent
orders have the same legal
effect as if they had been made by a judicial officer after a
court hearing.
FAMILY LAW — CHILDREN — Best interests — Where both parents seek sole parental responsibility and for the child to live with them — Where the respondent mother believes the child would settle down and accept the arrangement if the
court ordered for the child to spend no time with applicant father — Where the
court has a statutory mandate to make parenting
orders with the child's best interests
as the paramount concern — Where there is little doubt that the child would benefit from having a meaningful relationship with both parents — Where the child's clear views that he does not want to spend time with the respondent mother should be given significant weight in the circumstances — Where the child is of an age, maturity and intelligence to have principally formed his own rationally based views — Where the
court is satisfied that it is in the child's best interests for the presumption of equal shared parental responsibility to be rebutted — Where the respondent father is to have sole parental responsibility and the child is to live with him — Where the applicant mother is permitted to attend certain school and sporting events of the child — Where the child should be able to instigate contact with the respondent mother
as he considers appropriate to his needs and circumstances — Where the
orders made are least likely to lead to the institution of further proceedings in relation to the child — Where the child is to have the outcome of these proceedings, the
effect of the
orders and the reasons for judgment explained to him by an expert
as soon
as reasonably practical.
An
order of legal separation made by an Arizona
court stays in
effect as long
as a couple desires.
With the authority of a
court order, the Special Master's signature will have the same
effect as if the individual signed off on the title.
In making an
order under this section, the
court shall give
effect to the principle that a child of the marriage should have
as much contact with each spouse
as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.
But some states, like Connecticut, create automatic
court orders that take
effect as soon
as married couples with children file for divorce.
Further, when making a custody
order,
courts must give
effect to the principle that a child should have
as much contact with each spouse
as is consistent with the best interests of the child.
(3) To avoid doubt, in proceedings in which an independent children's lawyer for a child has been appointed, the
court may make an
order under subsection (2)
as to costs or security for costs, whether by way of interlocutory
order or otherwise, to the
effect that each party to the proceedings bears, in such proportion
as the
court considers just, the costs of the independent children's lawyer in respect of the proceedings.