Sentences with phrase «judicial immunity as»

This appears to undermine the established principle that the ET may not substitute its decision for that of the employer but only establish whether it fell within the band of reasonable responses Post-Lake decisions on judicial immunity as applied to disciplinary proceedings are of some assistance in pinpointing its impact.

Not exact matches

Among them are the rights to: bullet joint parenting; bullet joint adoption; bullet joint foster care, custody, and visitation (including non-biological parents); bullet status as next - of - kin for hospital visits and medical decisions where one partner is too ill to be competent; bullet joint insurance policies for home, auto and health; bullet dissolution and divorce protections such as community property and child support; bullet immigration and residency for partners from other countries; bullet inheritance automatically in the absence of a will; bullet joint leases with automatic renewal rights in the event one partner dies or leaves the house or apartment; bullet inheritance of jointly - owned real and personal property through the right of survivorship (which avoids the time and expense and taxes in probate); bullet benefits such as annuities, pension plans, Social Security, and Medicare; bullet spousal exemptions to property tax increases upon the death of one partner who is a co-owner of the home; bullet veterans» discounts on medical care, education, and home loans; joint filing of tax returns; bullet joint filing of customs claims when traveling; bullet wrongful death benefits for a surviving partner and children; bullet bereavement or sick leave to care for a partner or child; bullet decision - making power with respect to whether a deceased partner will be cremated or not and where to bury him or her; bullet crime victims» recovery benefits; bullet loss of consortium tort benefits; bullet domestic violence protection orders; bullet judicial protections and evidentiary immunity; bullet and more...

As noted in that post, consular officials are only entitled to functional immunity from prosecution, i.e immunity in respect of acts performed in the exercise of her consular functions, and may be arrested for grave crimes (pursuant to a decision of a competent judicial authority).

Adjudicator Immunity: The court also found, with respect to allegations against the statutory tribunal members, that judicial or adjudicator immunity, which applies to both judges and tribunal members, «prohibits lawsuits against courts and tribunals based on their actions as adjudicators» (paImmunity: The court also found, with respect to allegations against the statutory tribunal members, that judicial or adjudicator immunity, which applies to both judges and tribunal members, «prohibits lawsuits against courts and tribunals based on their actions as adjudicators» (paimmunity, which applies to both judges and tribunal members, «prohibits lawsuits against courts and tribunals based on their actions as adjudicators» (para. 61).

State courts have also recognized that legislative immunity provisions enshrined in state constitutions also protect this bedrock principle.12 Moreover, as one Florida appellate court noted, legislative immunity is integral to the constitutional separation of powers: «The power vested in the legislature under the Florida Constitution would be severely compromised if [the judicial branch could compel] legislators... to appear in court to explain why they voted a particular way or to describe their process of gathering information on a bill.»

Even if one could say that such treatment reflects some policy of the various foreign states involved, or indeed of the United Kingdom, it goes far beyond any conduct previously recognised as requiring judicial abstention... The critical point in my view is the nature and seriousness of the misconduct alleged in both cases before the Supreme Court, at however high a level it may have been authorised... Sovereign states who without justification and without permitting access to justice detain or mistreat individuals in the course or in relation to their conduct of foreign relations or affairs have sovereign immunity in foreign domestic courts.

Judicial immunity was not being challenged by Lake as he did not seek to bring a claim based on anything that happened at the disciplinary (or its outcome — cf Heath).

In the context of solicitors» disciplinary proceedings, the High Court in Baxendale - Walker v Middleton [2011] EWHC 998 (QB), [2011] All ER (D) 242 (Apr) struck out claims against parties involved in solicitors» disciplinary proceedings against the claimant, as the hearing was covered by judicial immunity and the claims amounted to a collateral attack upon the final decision.

Judicial immunity substantially survived the decision in Lake, but it can not be seen as an impenetrable shield as far as the ET / civil courts are concerned.

The Billingsley Amicus brief argues that as a retired judge he has standing to raise the issue of the Judicial Immunity Doctrine.

We would suggest that an ethics prosecution by definition is a «civil action», and as long as the actions of the judge were performed as a judicial function that judicial immunity applies.

Such judicial immunity applies even if «the action he took was in error, was done maliciously, or was in excess of his authority» so long as the judge did not act in the «clear absence of all jurisdiction.»

As regards the immunity of the State, the 6 - 1 decision in Jones and Others v the United Kingdom to uphold the immunity of Saudi Arabia was to be expected: in the Jurisdictional Immunities Judgment, the principal judicial organ of the UN clearly stated that that there was no exception to State immunity for jus cogens violations.

This argument is nothing less than a head on attack on the Judicial Immunity Doctrine, as it challenges the judges reasoning for making a ruling.

As explained in the tendered brief (a copy of which is posted below) the judicial immunity rule applies even if the judge acted with malice.

If so, what does it intend to do to prevent the abuse of immunity rights and defend the EU citizens» and employees» rights and the community acquis in organisations such as EPO which while exercising judicial functions is at the same time breaching the European legal order rules?

It is also clear that such intimidatory conduct would not form part of the judicial proceedings so as to attract immunity and, if sufficiently closely connected to the employment relationship, could give rise to a further actionable claim of unlawful discrimination.

The Rome Statute; The Rules of Procedure and Evidence; The Elements of Crimes; The Regulations of the Court; The Regulations of the Registry; The Code of Professional Conduct for counsel; The Code of Judicial Ethics; The Staff Regulations; The Financial Regulations and Rules; The Agreement on the Privileges and Immunities of the International Criminal Court; Agreement between the International Criminal Court and the United Nations; The Headquarters Agreement with the Host State; Any other material as decided by the Presidency in consultation with the Prosecutor and / or the Registrar.

(b) Acts undertaken by a prosecutor in preparing for the initiation of judicial proceedings or for trial, and which occur in the course of his role as an advocate for the State, are entitled to the protections of absolute immunity.

Husband then sued both pro tem judge and Love (wife's attorney) for civil damages, mainly claiming as damages the attorney's fees he incurred in the first round of litigation due to Love's conduct after previous proceedings resulted in a consensus that the pro tem judge had judicial immunity.