Sentences with phrase «from abuse of process»

This chart sets out the legal elements for thirty - seven causes of action (ranging from abuse of process to unjust enrichment) and fifteen defences (including duress and novation).

Not exact matches

Our findings, which are detailed below, 1) raise concerns with the legitimacy and legality of certain DOJ and FBI interactions with the Foreign Intelligence Surveillance Court (FISC), and 2) represent a troubling breakdown of legal processes established to protect the American people from abuses related to the FISA process.

In addition to any other requirements or restrictions set forth in this Agreement, you shall not: (i) utilize the credit available on any Card to provide cash advances to Cardholders, (ii) submit any card transaction for processing that does not arise from your sale of goods or service to a buyer customer, (iii) act as a payment intermediary or aggregator or otherwise resell our services on behalf of any third party, (iv) send what you believe to be potentially fraudulent authorizations or fraudulent card transaction, or (v) use your Merchant Account or the Service in a manner that Visa, MasterCard, American Express, Discover or any other Payment Network reasonably believes to be an abuse of the Payment Network or a violation of Payment Network rules.

«The IRS offers no explanation as to how the IRS can legitimately use most of these millions of records on hundreds of thousands of users; instead, it claims that as long as it has submitted a declaration from an IRS agent that the IRS «is conducting an investigation to determine the identity and correct federal income tax liabilities of United States persons who conducted transactions in a virtual currency during 2013 - 2015» the Court must find that the Summons does not involve an abuse of process.

Our findings, which are detailed below, 1) raise concerns with the legitimacy and legality of certain DOJ and FBI interactions with the Foreign IntelligenceSurveillance Court (FISC), and 2) represent a troubling breakdown of legal processes established to protect the American people from abuses related to the FISA process.

This was, according to Nunes, «a troubling breakdown of legal processes established to protect the American people from abuses related to the FISA process.»

The memo begins by making a grandiose claim: The FBI's use of surveillance power under the Foreign Intelligence Surveillance Act (FISA) during the 2016 campaign was «a troubling breakdown of legal processes established to protect the American people from abuses related to the FISA process.»

Carlos, you make an excellent point about the erosion of the democratic process due to abuse from politicians, the media and big money which allows politicians like Kenney and Trump to flourish.

For some victims, forgiveness will be an ongoing process as they heal from the wounds of abuse.

Persons who are relatively powerful, who are in charge of processes, organizations, or structures of influence may need pastoral counsel that will guide them away from the egocentric abuse of power and toward a more morally accountable use of power.

This process is full of waste, fraud, and abuse, and the wealthy feel like the government is stealing from them, and the poor are not helped in the long term, but only become ever more dependent upon the government.

Peter Saunders, from National Association for People Abused in Childhood claims victims wants to see a more transparent selection process put in place ahead of any newly proposed statutory inquiry.

It is gratifying that, since I wrote «Scandal Time III,» many more priests and lay people are speaking up in defense of priests who are falsely accused, denied due process, or guilty, repentant, and forgiven in connection with offenses that have nothing — absolutely nothing — to do with the imperative purpose of protecting children from sexual abuse.

«In the handful of instances during the John Paul years in which local bishops tried to formally expel abusers from the priesthood, in a process known as laicization, the Vatican often urged caution — not to excuse abuse, but to defend the priesthood.».

If domestic violence or any type of verbal, physical or emotional abuse is involved, please be sure to see a professional counselor to guide you in taking the necessary steps to keep you safe from harm during this process.

It would be easy to dismiss the naked experimentation as exhibitionism, but I'm sure some riders may have been struggling with their body image or health concerns; for some it may have been a healing process from being bullied, targeted, or abused; and perhaps others simply wanted to walk through the wall of a conventional boundary.

But children can also develop sensory processing difficulties from sensory deprivation experienced early in life, especially those in the foster care system, those who've been adopted, and those who've experienced a traumatic early childhood such as in cases of overt abuse or neglect.

amending the Convention to include the principles of subsidiarity and the margin of appreciation; amending the Convention to tighten the admissibility criteria - so that trivial cases can be thrown out and the focus of the Court can be serious abuses; reducing the time limit for claims from six months to four improving the selection process for judges; setting out a roadmap for further reform.

The Minister insisted that she has absolutely nothing to do with the issue noting that it is an abuse of public office, the judicial process and her human rights for Governor Oshiomhole whom she stopped from taking a «highly suspicious N15 billion loan'to make false allegations against her while hiding behind the constitutional immunity granted state governors.

«It is an abuse of public office, the judicial process and her human rights for governor Oshiomhole, whom she stopped from taking a highly suspicious N15 billion loan, to make false allegations against her while hiding behind the constitutional immunity granted state governors,» read the statement.

Summing up last night, coroner Oliver Davison told the inquest of her «concerns» about «the process for gathering and recording information from victims of anti-social abuse».

Serious questions arise from what seems to be a clear abuse of the procurement process Was the contract awarded using the «Sole Sourcing» procurement process?

But in a statement from the Nigerian Wailers signed by its Deputy National Publicity Secretary, Mr Fasipe Oluyemi, the group has called on the good people of Nigeria to come out en mass for a protest (#OccupyCBN) to stop this impunity of the Fraudulent Forex Trading, Round Tripping and racketeering going on in the Central Bank of Nigeria aided by its Governor, Mr. Godwin Emefiele and bring to an end the Manipulation of Forex, illegally funding Federal Government budget, short - changing the Money Deposit Bank's reserve ratio at the expense of the Masses as the abuse of internal process.

A whole bunch of issues were not resolved during the budget process, from voting and ethics reforms to gun control, child sexual abuse victims, cash bail, plastic bags, food waste and more.

Under the new partnerships, CPS employees assigned to these hospitals will investigate allegations of abuse and neglect that originate from those facilities, providing hospital staff faster access to CPS expertise while streamlining and expediting the investigation process.

The same can not be said of those seeking to use important freedom of information laws to disparage academics and other public - sector scientists and abuse the freedom of information process to drive them away from ongoing important collaborations in the furtherance of sound, science - driven public and commercial policy development.

Articles related to all forms of addiction, using the Inner Bonding process as the foundation for recovery from substance abuse and addiction and process addictions - such as gambling addiction, work addiction, spending addiction TV addiction, video games and Internet addiction.

Recovery from alcohol abuse, drug addiction, nicotine addiction, and food addiction through the spiritual process of Inner Bonding.

The case discontinued after the panel decided there was an «abuse of process», as statements from previous inquiry were not disclosed by government lawyers.

The Senators» reticence to take a position might seem like an unwise political choice, given the backlash some State Assemblymembers received last year when they abstained from voting on a bill that proposed streamlining the firing process for teachers accused of sexual and physical abuse.

Statistically, more American children suffer long - term life - harm from the process of learning to read than from parental abuse, accidents, and all other childhood diseases and disorders combined.

This may seem like a tedious process, but keep in mind that most of these animals were rescued from abuse and neglect.

This caused quite a stir among some in the gaming community, with the primary concern being the accusation of his abusing Steam's refund policy by requesting a refund and profiting from monetizing the stream in the process.

From Shepard Fairey's «How I'm Taking on Abuse of Power and Political Corruption» in The Daily Beast to a behind - the - scenes look at Daniel Heidkamp's studio process in ARTNews Habitat, it's been a big year in news for Pace Prints artists.

As a pioneer of feminist art, her work was directed against the abuse of power, Western privilege, and male dominance, processing the subject matter from both current and past events, as the oppression of Jews and the Holocaust, the torture of women in Nicaragua or horrors of the Vietnam war.

The journal has also drawn sharp criticism for their abuse of the peer - review process, including one from Michael Mann regarding a criticized study co-authored by Willie Soon and Sallie Baliunas.

However, in cases where a failure to give proper disclosure has made a fair trial impossible, or prevented the court from doing justice, or in instances of a flagrant abuse of process, a superior court will exercise its inherent jurisdiction — its power to control its own procedure so as to prevent it from being used to achieve injustice — to strike out the case before or during a trial (see for example Raja v Van Hoogstraten and others [2006] EWHC 1315 (Ch) and CPR 3.4 (5)-RRB-.

It also important to note that in P, and M (supra), three young children were permanently removed by closed adoptions from loving parents without suffering any physical or emotional abuse, a future possibility of such abuse based on a family's previous history and the desire for a speedy process, being sufficient.

«The decision to file this suit in the FCT High Court far away from Gombe State where the cause of action arose can not be anything but a sheer decision to abuse the judicial process.

A new report from the Center for Immigration Studies analyzes the fraudulent abuse of the «credible fear» process by aliens seeking to enter or remain in the United States, fraud made possible by weaknesses in the US asylum system, resource constraints, and evidentiary limitations.

While the crown bears the evidentiary burden to explain its decision to resile from an agreement, that requirement is likely to provide the defence with little ammunition to fight the abuse of process application.

In another decision (2014 ONCA 608, dismissing appeal from 2014 ONSC 1300), the Court of Appeal agreed that the plaintiff's action against a criminal lawyer should be struck out as an abuse of process.

In Boladian ¸ a lawyer was sued for, among other things, malicious prosecution, abuse of process and defamation, arising from the failed prosecution of civil matters against a music publishing company and its owner.

During this time your child will begin to be treated for the effects of detoxification, a practice in which an individual is provided a safe and supportive environment during an acute withdrawal process from the effects of substance abuse.

Further, it is clear that PHA 1997 proceedings will not be liable to be struck out as an abuse of process offending the principle that generally a claimant must present all their case in one go and will be prevented from presenting claims later on that could have been presented in the earlier proceedings (Henderson v Henderson (1843) 3 Hare 100, [1843 - 60] All ER Rep 378).

The Court of Appeal also noted that Superior courts of record have inherent jurisdiction to control their own processes and protect them from abuse.

Concluding that Experian had breached the agreement with BDC, Hainey therefore allowed BDC's claim for damages arising from Experian's fraudulent misrepresentations and assessed damages in the amount of $ 44,447,416 plus pre-judgment and post-judgment interest, signaling that Ontario courts have no sympathy for fraudulent vendors that seek to abuse fair procurement processes.

These include: the chief judge's obligation to «identify» a complaint based on public reports suggesting that a judge may have engaged in misconduct; judicial council authority to impose sanctions on complainants who abuse the process; disqualification of judges from proceedings under the 1980 Act; and making the Rules more user - friendly.

After 78 days of trial Alistair successfully argued an abuse of process and the defendants were released from proceedings.

On July 29, 2016, Justice Catherine J. Bruce in the British Columbia Supreme Court released her reasons for judgment in R v Nuttall, 2016 BCSC 1404 entering a stay of proceedings for abuse of process resulting from the conduct of the police in an undercover terrorism operation.