Sentences with phrase «not civil proceedings»

Chula Vista has one courthouse but that courthouse is primarily used for criminal and not civil proceedings.

Not exact matches

The High Court concluded that «in civil penalty proceedings, courts are not precluded from considering and, if appropriate, imposing penalties that are agreed between the parties» (quote taken from judgment summary).

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.

The High Court unanimously allowed the appeals, concluding that the «decision in Barbaro does not apply to civil penalty proceedings and a court is not precluded from receiving and, if appropriate, accepting an agreed or other civil penalty submission.»

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.

While plaintiffs in criminal cases are guaranteed lawyers, those in civil cases — which can include deportation, child custody and eviction proceedings — are not.

The proposed amendment reads, «the provisions of subsection (1) of this section shall not apply to, (a) «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».

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.

That constitutional right, however, is not granted to undocumented immigrants whose cases are typically handled in civil, not criminal, court and who often do not have access to free counseling to help navigate immigration proceedings.

The State Education Department, citing civil rights case law, said it could not televise or broadcast the hearing in Buffalo, due to the nature of the proceedings.

(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.

Honest errors such as transposing contact phone numbers or putting down outdated employment information may not result in criminal or civil proceedings.

After obtaining the required license, and paying the civil penalty prescribed by this subsection, the creditor may bring and maintain proceedings in the courts of this state on consumer credit transaction contracts, and the enforceability of the contracts shall not be impaired by the prior failure to obtain a license, irrespective of whether the consumer credit transaction contracts were made before or after the license was obtained.

For the purpose of assuring orderly and fair proceedings and to protect the basic civil rights of any accused person, the Board of Directors shall adopt and print rules of procedure and from time to time may amend these rules of procedure not inconsistent herewith for the conduct of such hearings, and such rules shall be binding upon the parties.

NCSE distancing themselves from Gleick is probably a legal ploy so that they are not culpable in some way for his actions in either criminal or civil proceedings.

Some of my professional work involves acting as an Expert Witness in civil proceedings (relating to construction engineering — not quite sure how I ended up here from academic geochemistry, but so be it...).

In civil proceedings, discovery is not used for testing evidence.

The «continuing professional development» programs (CPD and CLE programs) that lawyers must take every year don't provide such knowledge and information, and therefore, nor do electronic discovery in civil proceedings and the disclosure that the Crown is required to provide to accused persons in criminal 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.

As specified in section 25 of BC's Civil Resolution Tribunal Act, the case manager would have authority not only to decide which dispute resolution methods are to be used, but also to require the parties to participate in proceedings using said methods.

They are therefore entitled to the compensation provided for in the Act but not entitled to bring further civil liability proceedings to obtain additional or complementary compensation.

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.

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.

This is not the same as the requirement for service of the order before any committal proceedings in the civil court.

His application to have the ban lifted was not heard because the enforcement judge who stayed the civil proceedings was on leave.

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.

«matrimonial cases were different from ordinary civil cases in that the binding effect of a settlement embodied in a consent order stems from the court's order and not from the prior agreement of the parties... in family proceedings there is always a duty of full and frank disclosure, whereas in civil proceedings this is not universal».

It was Part III of the Matrimonial and Family Proceedings Act 1984 that provided a mechanism for someone who has not remarried or entered into a civil partnership to bring a claim in England and Wales against a spouse or former spouse even if a court has already made a financial order in divorce proceedings in another jurisdiction.

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.»

The Court did, however, imply that claims for compensation that do not involve a straightforward causation analysis may not be appropriate for the summary nature of civil contempt proceedings.

The claimant brought civil proceedings against the police, alleging that the search of his home was unlawful because it could not be proved that the original suspect had either occupied or controlled the claimant's premises and so the police were not entitled to search the claimant's premises.

Where proceedings have been taken to the point of judgment against a person who was not the correct defendant, that person might recover by way of contribution or indemnity, under s 1 of the Civil Liability (Contribution) Act 1978, against the person who should have been the defendant.

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.

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.

The second sentence of Recital 11 clearly states that the reference to criminal proceedings in Articles 1 and 2 of the Directive do not cover civil or administrative proceedings, even where administrative proceedings would lead to the imposition of sanctions, for example in the context of competition or tax law.

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.

I think that most people in this country have, at one point or another, seen Law and Order or some show like it, and they've seen someone be told, «If you are indigent, if you can not afford a lawyer, one will be provided to you at state expense,» and they don't necessarily understand that, that only applies to criminal proceedings, not civil ones.

The Court of Appeal ruled that in civil proceedings, the burden of proving self - defence lay upon the defendant; and a defendant who had mistakenly but honestly thought it was necessary to defend himself against an imminent risk of attack could not rely on self - defence if his mistaken belief had not been reasonable.

that evidence... if it tends to incriminate him or her... shall not be used or received against the police officer... in any civil proceeding or in any proceeding under any other Act, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.

Hence, legal professional privilege can now generally be asserted in answer to any demand for documents by a public or other authority; it is not limited to a right that may be asserted only in the context of civil or criminal proceedings.

A report which is admissible as evidence, may still not be permitted if the court considers it is not required to resolve the proceedings; though the basis for it being required is by different criteria as between mainstream civil and family proceedings (as will be explained).

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.

After that the court still has the power (and duty: FPR 2010 r 1.4 (2)(e)-RRB- to control the calling of evidence by deciding whether or not to give permission; and in so doing the case management judge must decide whether the evidence is «reasonably required» to resolve issues before the court (civil proceedings generally: CPR 1998 r 35.1), or in the case of family proceedings whether it is «necessary to resolve the proceedings» (Children and Families Act 2014, s 13 (6)(children proceedings); FPR 2010 r 25.4 (3)(other family proceedings)-RRB-.

Mark Whittaker, insurance partner at DWF, that represented Brighton and Hove, says: «It is an extremely rare case because it is one of the few occasions where contempt of court proceedings have been pursued in a civil court and also as the case only related to the witnesses involved and not to the claimant herself.»

The question of how to manage the ever - rising levels of electronic data in large and complex civil proceedings is not straightforward.

The courts» power to award costs against a lawyer personally is not limited to civil proceedings, but criminal also, and can sometimes be exercised against defence lawyers, though rare.

For example, an order of discharge does not release a bankrupt person from any debt arising from an award of damages by a court in civil proceedings stemming from «bodily harm intentionally inflicted, or sexual assault»:

Just when most magistrates» legal advisers had cracked the question of what type of proceedings are child support proceedings in their court (they are not «family proceedings» because they are not listed in MCA 1980 s 65 (1) among those statutes which do give rise to «family proceedings»); just when the more alert had resolved that they are therefore civil proceedings, heard in open court and by the procedure set out in MCA 1980, s 53 and under the appropriate non-family procedural rules; along comes s 111A (5).

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.