Sentences with phrase «less expeditious»
A less expeditious tool, but then Lay did die, so it's not as if he's trying to duck out on a potential penalty.»
http://legalblogwatch.typepad.com/ Not exact matches
By which he means, no less than I do, killed in battle, imprisoned for life, or executed after a lawful but expeditious trial or military tribunal.
Odd thing is, 2003's expeditious X2 more or less covered the same ground in a matter of seconds, as opposed to 107 minutes that feel like almost as many hours.
In an effort to resolve Equal Employment Opportunity / Equal Opportunity (EEO / EO) complaints in an informal, less adversarial, and more expeditious manner, the Equal Employment Opportunity Commission (EEOC) requires agencies to make Alternative Dispute Resolution available to employees.
This will be the case when the process (1) allows the judge to make the necessary findings of fact, (2) allows the judge to apply the law to the facts, and (3) is a proportionate, more expeditious and less expensive means to achieve a just result.
The fact that we fully subsidize litigation, while offering scant support to less adversarial dispute resolution processes, strikes me as a wrong - headed choice of priorities in the allocation of public dollars; it is peculiar, and probably an artifact of older values and priorities, that we direct 95 % or more of our justice system funding toward the dispute resolution mechanism that is the most destructive, most expensive, least efficient and least expeditious.
Much more recently, however, the Supreme Court of Canada decision in Hryniak v. Mauldin held that «a trial is not required if a summary judgment motion can achieve fair and just adjudication... and is a proportionate, more expeditious and less expensive means to achieve a just result than going to trial».
3) was a proportionate, more expeditious and less expensive means to achieve a just result (as per Hryniak).
Justice Bale found that the issue was whether the proposed summary judgment motion was likely to provide a «proportionate, more expeditious and less expensive means to achieve a just result than going to trial», citing the Supreme Court of Canada decision in Hyrniak v. Mauldin, 2014 SCC 7.
If disputes are not settled by negotiation, they will be concluded either by court litigation or by an alternative form of dispute resolution, such as arbitration or mediation, both of which are potentially more expeditious, less costly and out of public view.
Bruno Appliance and Furniture, Inc. v. Hryniak, 2014 SCC 8 (34645) Summary judgment may not be granted where a genuine issue for trial exists; summary judgment is OK where: (1) the judge can make the necessary findings of fact, (2) can apply the law to the facts (3) is a proportionate, more expeditious and less expensive means to achieve a just result.
The report noted this review could be administered either by a statutory appeal provision in the tribunal's governing legislation or via the inherent jurisdiction of a superior court to engage in judicial review, but the report advocated more strongly for the statutory appeal over judicial review because: (1) the basis of the statutory appeal could be wider in scope and in remedies than judicial review; (2) the statutory appeal mechanism could be crafted to the unique characteristics of the impugned tribunal and direct the appeal to a particular level of court; and (3) the appeal would be less costly and more expeditious than judicial review.
Mediation provides a less formal and more expeditious way of reaching a resolution, and is always significantly less expensive than litigation.
The Supreme Court of Arkansas noted that Lancaster's argument was misdirected because arbitration is «strongly favored» by Arkansas public policy, and it is looked upon with approval by courts as a less expensive and more expeditious means of settling litigation and relieving docket congestion.