Sentences with phrase «of civil remedies»

The Federal Court has concurrent jurisdiction with provincial courts to hear and determine all proceedings, other than the prosecution of offences under sections 42 and 43, for the enforcement of a provision of this Act or of the civil remedies provided by this Act.

At what may, without belittling the victim, be called the lower end of the scale where injury happens through the negligence of non-state agents, the state's provision of a judicial system of civil remedies will often suffice: the individual state's legal traditions will govern the means of compliance in the particular case.

Jeff Dion, director of the National Crime Victim Bar Association, explained the importance of civil remedies for crime victims in a Slate article:

Should any harm done to an allergic person be a matter of civil remedy rather than prohibition?

Not exact matches

Enforcement: Ensures strong and robust rules for the civil, criminal and border enforcement of IP rights, including appropriate remedies to combat trade in counterfeit and pirated goods in line with Canada's Combating Counterfeit Products Act; Contains border enforcement measures so that border officers can detain suspected counterfeit or pirated goods in a manner consistent with Canadian law.

Some of the more notable of these expressions of discontent include the American [Know Nothing] Party, founded in the decade before the Civil War to counter the influence of immigrants; the Prohibition Party, founded after the Civil War to rid America of the scourge of demon rum; the Populist Party of the 1890s, which sought to remedy the lot of debtor farmers; and, in this century, the pro-segregation States» Rights Party of 1948.

Icelandic Glacial reserves the right to enforce its intellectual property rights to the fullest extent of the law, including but not limited to seeking remedies under civil or criminal law for such violations.

(vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND / OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS» FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

He held that the legal system had provided remedy for a suspect in the civil suit for relief from malicious process «if after the investigation with or without arrest and detention» or «after the trial the evidence does not establish the guilt of the suspect.»

This suit seeks to remedy the violations that occurred at Pan American and ensure that the New York City Department of Education protects its employees» civil rights in the future,» Bharara said in announcing the lawsuit, which came a day after his office charged the city's Correction Union President Norman Seabrook with fraud and corruption.

«The legal strategy that we decided was optimum from our point of view was to file the civil suit yesterday, lay out the entire case in a civil suit, seek certain remedies in the civil suit and commence a criminal investigation today on the same basic underlying facts and proceed with the criminal investigation jointly with our federal counterparts.»

The departments, citing the Civil Rights Act of 1964, gave the school districts «guidance on how to identify, avoid, and remedy discriminatory discipline,» telling them they risked legal action if school disciplinary policies had «a disparate impact, i.e., a disproportionate and unjustified effect on students of a particular race.»

In August 2016, the National Consumer Law Center (NCLC)-- supported by nearly 40 other public interest groups, including the American Civil Liberties Union (ACLU)-- sent a letter to Education Secretary John King demanding the department track and remedy the disproportionate consequences of student loan debt for borrowers of color.

«Betsy DeVos has rolled back the practice of probing civil - rights complaints for evidence of larger, systemic violations, which means that students who are harmed by state and local civil - rights violations will be far less likely to see those abuses remedied,» says Jeffries.

As Dan Losen of UCLA's Civil Rights Project told The Atlantic, «I don't think you can go too fast if you are trying to remedy an injustice.»

One remedy is to insert citizen judgment precisely around issues of educational equity, where a civil grand jury report will be a clear, official judgment by citizens, and where a grand jury has independent subpoena authority if its members feel that additional evidence is needed.

William Bradford Reynolds, the assistant attorney general for civil rights, said that the Justice Department's practice of seeking desegregation remedies other than the mandatory busing of students «is not evidence of any decision to countenance unlawful school segregation.

Therefore, the board of education should not file criminal charges against the parent of the child due to the fact that the due process procedure provides a civil remedy enabling it to recover the assessment for tuition.»

If a board of education prevails at the hearing before the State Department of Education, the local or regional board may seek to recover the amount of assessment for tuition through available civil remedies.

Daniel Losen of the The Center for Civil Rights Remedies at the UCLA Civil Rights Project (CRP / CCRR) looks at disciplinary policies and practices in school that result in disparities, and provides remedies that may be enacted at federal, state, and district levels.

The Department of Transportation Civil Rights Offices are here to help eliminate, prevent, reduce, and remedy unlawful discrimination on the basis of race, color, religion, national origin, sex, age, disability, and sexual orientation against beneficiaries and employees of the Department of Transportation.

(b) In appropriate cases, the Office of Inspector General may pursue criminal or civil remedies against a service agent.

-- The remedies and procedures set forth in section 204 (a) of the Civil Rights Act of 1964 (42 U.S.C. 2000a - 3 (a)-RRB- are the remedies and procedures this title provides to any person who is being subjected to discrimination on the basis of disability in violation of this title or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of section 303.

The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action against Defendants Apple, Inc. («Apple»); Hachette Book Group, Inc. («Hachette»); HarperCollins Publishers L.L.C. («HarperCollins»); Verlagsgruppe Georg von Holtzbrinck GmbH and Holtzbrinck Publishers, LLC d / b / a Macmillan (collectively, «Macmillan»); The Penguin Group, a division of Pearson plc and Penguin Group (USA), Inc. (collectively, «Penguin»); and Simon & Schuster, Inc. («Simon & Schuster»; collectively with Hachette, HarperCollins, Macmillan, and Penguin, «Publisher Defendants») to obtain equitable relief to prevent and remedy violations of Section 1 of the Sherman Act, 15 U.S.C. 1.

The handler of the service animal incapacitated, injured or killed shall have the right to pursue any and all civil remedies available to recover damages for medical and veterinary expenses, rehabilitation or replacement of the service animal, and lost wages, transportation expenses or other expenses directly related to the temporary or permanent loss of the service animal.

If the violation is not remedied a license may be revoked and operators may face civil penalties of up to $ 15000.

Claimants must agree to waive their right to other civil remedies against a registered participating seller of travel for matters arising out of a sale for which you file a TCRF claim.

To understand the hidden costs of corn - based ethanol requires factoring in «the huge, monstrous costs of cleaning up polluted water in the Mississippi River drainage basin and also trying to remedy the negative effects of poisoning the Gulf of Mexico,» says Tad Patzek of the University of California's Civil and Environmental Engineering department.

The Climate Science Legal Defense Fund fully intends to pursue all possible actionable civil remedies to the fullest extent of the law.

This article explores the intersection of English criminal, regulatory and civil liabilities and remedies in connection with cyber fraud and how cyber attacks will inevitably generate financial penalties and litigation matching those of the global Libor and Forex scandals.

There is, of course, a civil remedy for defamation; and a remedy for breach of privacy is developing fast.

DPA 1998 provides civil remedies too, but these are not in popular use, despite the ground - breaking decision in favour of Naomi Campbell.

However, he argued that the court should dispose of the case because the plaintiffs failed to exhaust their remedies under the Civil Service Reform Act, which required plaintiffs to first bring their claims to the Office of Special Counsel.

It is important to note that, although many of these statutes appear to create a broad right to pursue restitution through civil remedies, they may have certain limitations.

Can contempt of custody, visitation and child related restraint issues truly be remedied by civil rather than criminal sanctions?

In broad terms, a tort is a civil wrong, other than a breach of contract, for which the judicial system or court is used to provide a remedy in the form of a required action for damages.

Raman practices in the areas of civil litigation including estate, commercial, real estate, debtor & creditor matters, business and shareholder disputes including oppression remedies, corporate governance disputes in not - for - profit corporations, and other areas in litigation.

For the scales of justice to balance for crime victims, civil remedies may be needed in addition to criminal prosecutions.

There are also remedies and laws in effect that can allow somebody who is the victim of domestic violence to seek a civil protective order which does various things, including forcing the offending party to stop contacting the victim, forcing the offending party to stay away from the victim, and other things that will be related to protecting of domestic violence.

A civil remedy for the growing area of privacy rights was desperately needed, but it was uncertain how extensive this tort would be used.

The reasons for these changes are that the civil remedy does not have the high criminal standard of proof and is cheaper as well as faster.

The CAD as transposed into UK law puts enforcement solely in the hands of public authorities without providing any private civil remedies.

No doubt the lack of a ready civil remedy reinforced his case.

However, Davis Wright defends its position, asserting that its clients asked the firm to pursue recovery of fees, which is a well - established civil rights remedy.

Breach of s 1 is a criminal offence (s 2) and an actual or apprehended breach gives rise to a civil remedy (s 3).

As experts appointed by the government of Ontario consider the possible content of anti-SLAPP legislation, they may want to discuss whether the proportionality rule in Ontario's Rules of Civil Procedure will offer some part of a remedy for a SLAPP suit.

A federal civil rights statute, 42 U.S.C. § 1983, is most closely associated with providing a remedy for individuals whose federal constitutional rights have been violated by persons acting under color of state law.

R v. Nasogaluak, 2010 SCC 6 where Andrew Lokan and Danny Kastner represented the Canadian Civil Liberties Association at the Supreme Court of Canada and successfully argued that sentence reductions, even below mandatory minimum sentences, ought to be available as a remedy for unconstitutional state conduct in the criminal justice process.

It is also clear that, while a judge in civil proceedings will seek to prevent a manifest risk of injustice, ensuring a fair trial is ultimately a matter for the criminal court, which has extensive powers to remedy any prejudice.

Finally, the Court of Appeal declined to address an important emerging issue in the law of civil contempt: whether the Court can award compensation as a remedy for civil contempt.