Sentences with phrase «of an abuse of process in»

[92] Although I have concluded that it was an abuse of process by the defendants to deny liability completely, they were not guilty of an abuse of process in maintaining the defence of contributory negligence of Mr. Ulmer at all times.
Tottel published the third edition of Abuse of Process in Criminal Proceedings co-authored by David Corker, partner, Corker Binning.

Not exact matches

«The brave and assiduous oversight by Congressional leaders in discovering this unprecedented abuse of process represents a giant, historic leap in the repair of America's democracy,» he said.
«The brave and assiduous oversight by congressional leaders in discovering this unprecedented abuse of process represents a giant, historic leap in the repair of America's democracy,» Page said in a statement to Business Insider
After the Court granted the Government's petition for leave to serve the summons, managing partner of Berns Weiss LLP and Coinbase customer Jeffrey K. Berns filed a motion challenging the summons, arguing that the IRS had no legitimate purpose in seeking the requested records, that enforcement of the summons would constitute an abuse of process, and that the categories of requested documents were overbroad.
The mission of The PIABA Foundation is to promote financial literacy by educating public investors about abuses in the financial services industry and the securities dispute resolution process.
In my view, it is an abuse of process, as that phrase is used in this setting, for Burnaby to be seeking here the relief it failed to obtain at the NEB and in the Federal Court of AppeaIn my view, it is an abuse of process, as that phrase is used in this setting, for Burnaby to be seeking here the relief it failed to obtain at the NEB and in the Federal Court of Appeain this setting, for Burnaby to be seeking here the relief it failed to obtain at the NEB and in the Federal Court of Appeain the Federal Court of Appeal.
In the end, Justice Macintosh concluded that while he had the jurisdiction to rule on the questions before him he would decline to do so on the grounds that it would be an abuse of 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 ruleIn 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 rulein 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 rulein 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.
It's conspicuously vague on dates in several key places and overall tends to downplay or omit information that doesn't fit its desired narrative (that politically motivated FBI and DOJ officials supposedly abused the FISA process in the surveillance of Carter Page).
We're in a conversation about spiritual abuse — the process by which people who have spiritual authority (pastors, preachers, priests, etc.) take advantage of that authority to do harm to those entrusted to their care.
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.
While I think we can all agree that Christians should withhold condemnation regarding the abuse allegations until the facts come out in the case and the issue has been thoroughly investigated and subjected to due process, what baffles me is Christian leaders» continued support of Sovereign Grace Ministries in spite of the ministry's repeated efforts to evade external investigation into this matter.
your understanding of the change process is very simplistic, because your mind is not open, you specifically believe already in the traditional doctrines, Dogmas as shown in thousands of years of history evolves, and the need for input variables, meaning the diversity of religious belief is necessay because nature through his will is requiring this to happen, we are being educated by God in the events of history.In the past when there was no humans yet Gods will is directly manifisted in nature, with our coming and education through history, we gradually takes the responsibilty of implementing the will.Your complaint on your perception of abuse is just part of the complex process of educating us through experience.
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.»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.»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.»in a process known as laicization, the Vatican often urged caution — not to excuse abuse, but to defend the priesthood.».
I believe torture is wrong because it violates international law, it is a human rights abuse, it occurs without due process resulting in the abuse of innocent people, and it sets a bad precedent / example to the rest of the world.
And in the process of doing so, they often heap abuse on those whose positions they disagree with, treating them with profound disrespect.
Most recently, GRACE is in the process of a breakthrough project that will fundamentally change the way the faith community addresses and responds to the many issues associated with child abuse.
Religion News Service: Orthodox rabbis laud conviction of Hasidic man on sexual abuse charges The world's largest group of Orthodox rabbis is lauding the process that led to the conviction of a Hasidic Jewish man on Monday (Dec. 10) on sexual abuse charges, and called on all segments of the Jewish community to cooperate with police in such cases.
Even though alcoholism ranks as one of the country's three major health problems, along with cancer and heart disease; even though it accounts for approximately 98,000 deaths every year; even though it is the root cause of most pastoral - care crises (suicides, auto fatalities, child abuse, divorces, hospital admissions, accidental deaths and home violence); even though it costs the nation $ 120 billion annually in terms of lost work time, health and welfare benefits, property damage, medical expenses, insurance and lost wages; and even though its effects impair the educational process of every child in every classroom, still the church acts as though alcoholism does not exist.
It can not he taken to sanction the accumulation of goods and possessions and economic power in disproportionate, and inevitably unjust and unrighteous, measure by attempting to restrain, on divine authority, those whose rights have been fundamentally abused in the process.
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.
Secular anti-Catholic opposition may be exemplified by USA Today [http://cont.ent.usatoday.com/communities/Religion/post/ 2011 / 01 / saint - pope - john - paul - sex - abuse - crisis / 1], which contemptuously characterised the process of canonisation itself as being a recognition, in the words of one Cathy Lynn Grossman, «that someone who has lived a life of exemplary holiness is now in heaven, whispering on humans» behalf in the ear of a miracle - working God».
It was referred to the Congregation for the Doctrine of the Faith (CDF) in 1996, not because of the paedophilia involved which was not the CDF's responsibility but because of its role in overseeing the legality of processes involving abuse of the confessional seal and laicisation.
We can have delicious meals, full of comfort without the need to abuse animals in the process.
In consuming this highly - processed snack, individuals seek a sensation of pleasure or alleviation, similar to the relief experienced by humans who use and abuse alcohol, nicotine and cocaine.
Fans of other clubs rally behind ther players to give them confidence and self belief while Arsenal fans target their players for abuse killing their self belief in the process.
Felt exactly the same way, maybe not like crying but certainly frustrated seeing how other clubs acquire our players and make them fit perfectly on their game, Jenk and Song covering the back and well now feel like crying, FAB leader in assists commanding the Midfield and responsible for Chelsea being on top of the league, meantime let's face it, lately our players are running on the pitch like wild geese with no clear tactics, abusing this tiki taka BS, running thru the middle like rams with no clear options, getting injured in the process and we all know why and who is responsible, enough said...
Its volunteer workers are involved in the safe and sensible process of laying to final rest the best, most traveled and most abused running track in the U.S.
It shows a failure to understand what an abused partner risks in the process (loss of home, children, friends, community, financial well - being).
Reactive Attachment Disorder (RAD) is usually the result of a disruption of or trauma to the attachment process such as a history of physical or sexual abuse, neglect and / or frequent change in caregivers within the first three years of a child's life.
In most courtrooms, the story of a defendant's terrible childhood — what types of abuse or neglect may have prompted him or her to commit crimes — is often told at the very end of the court process when a judge decides which sentence to impose.
There are so many dirty, harmful, grossly abused, practices in the processes involved in growing beef, slaughtering beef, feeding beef, etc that it's obvious the public is tired of the constant barrage of every sneak behind the secretive beef curtain revealing shocking atrocities.
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.
Moyer stated «Our educational process allows the Licensed Athletic Trainer to recognize the potential use and abuse of PEDs by all athletes of both genders in our secondary schools and universities in the Commonwealth».
«After Dean Skelos was charged in 2015, my office thoroughly reviewed Nassau's contracting processes and recommended the establishment of an independent inspector general and modern conflict - checking procedures to guard against corruption and abuse,» she said.
But while the voting process itself has been described as fair by most international observers, the political campaign and the actual counting of the votes — no doubt the most important part of the democratic election process — has been characterized by the abuse of power, the excessive role of money, extraordinary events such as power cuts in the polling stations, fights between party representatives, accusations of fraud and scandals in denying observers access to polling stations.
While the court resolved that the case instituted by the former First Lady did not constitute an abuse of judicial process, it resolved that the actions of the EFCC complained of by her did not constitute a violation of her rights and that she was not entitled to any of the six reliefs sought in the suit.
The Post exposed the abuse as Mayor Bill de Blasio is in the process of trying to crack down on the misuse of city - issued parking placards.
It goes without saying that Conservatives in Westminster will fight Labour every step of the way as the legislation passes through both Houses and let us be in no doubt, Labour are going to have a very difficult time, as it is a huge abuse of process to ram nakedly political legislation through Parliament so close to an election.
Firstly, that this case in its entirety was an abuse of process, or, secondly, that if it wasn't, it should be heard before the Investigatory Powers Tribunal (IPT), which is a special court set up to hear cases involving issues concerning official surveillance.
Most likely this is a long time bargaining process, where supporters of the reform argue in favor based on theoretical backgrounds and past record of abuses, while police and prosecutors claim removing it made law enforcement difficult.
CISLAC calls on the relevant Committees of the NASS to be more proactive in the exercise of her oversight responsibility over the processes and agencies in the Ministry of Petroleum Resources, so as to prevent the recurrences of such abuses.
With its fragmented supply chains, opaque procurement processes and high demand for migrant labour, the construction sector faces a unique set of challenges in tackling human rights abuses.
In these circumstances, we are clear in our minds that the decision by the newly appointed AG to exercise her discretion to file a Nolle Prosequi in this matter is an abuse of discretion, it is capricious, it is an abuse of due process and it is not candiIn these circumstances, we are clear in our minds that the decision by the newly appointed AG to exercise her discretion to file a Nolle Prosequi in this matter is an abuse of discretion, it is capricious, it is an abuse of due process and it is not candiin our minds that the decision by the newly appointed AG to exercise her discretion to file a Nolle Prosequi in this matter is an abuse of discretion, it is capricious, it is an abuse of due process and it is not candiin this matter is an abuse of discretion, it is capricious, it is an abuse of due process and it is not candid.
The case was adjourned at the instance of the respondents» Counsel's inability to identify and argue the motion he had filed, alleging abuse of court process in the Zakzaky's suit.
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