Sentences with phrase «of justiciable»

In order to recover attorney's fees, a party must show that there was a «complete lack of justiciable issue» raised by the other party.

The Australian study is also important because it reminds us of a similar study done here for the federal Department of Justice and released in 2009: The Legal Problems of Everyday Life — The Nature, Extent and Consequences of Justiciable Problems Experienced by Canadians, by A. Currie.

This means that 83 % of justiciable issues are addressed either by others, or by no one.

The vast majority of justiciable issues are resolved without involving the formal justice system (Action Committee at 11; Equal Justice at 32, 34).

In the appeal before the Supreme Court of Canada, ARL will be joining the Attorneys General of Canada, British Columbia, Alberta, Saskatchewan, Quebec, and New Brunswick in opposing the recognition of a justiciable duty to consult.

For those who feel disempowered in the face of a justiciable issue or who are vulnerable, a self - directed process is unlikely to encourage their participation.

For those who sought advice in respect of justiciable issues, 25.9 % sought advice from a barrister or solicitor.

The following chart from The Legal Problems of Everyday Life shows both the nature of justiciable problems and the those that cause problems for the public

This report helps us explore the nature of justiciable problems experienced in Canada.

What can be taken from all of this is that a very low proportion of justiciable problems are addressed with legal assistance.

The Legal Problems of Everyday Life (at p. 56) is the source of the information noted in an earlier column that legal assistance is sought for only 11.7 % of justiciable problems.

Only 3 % of justiciable problems were related to personal injury.

The report was entitled The Legal Problems of Everyday Life — The Nature, Extent and Consequences of Justiciable Problems Experienced by Canadians.

This stark contrast is explained in a survey that concluded that Canadians get help from lawyers on only 11.7 per cent of their justiciable events.

Not exact matches

Like a dinosaur with its head removed, the doctrine will no doubt continue to stumble on, but it is high time it was put out of its misery in favour of a codified and justiciable written constitution.»

Ministers are concerned that any statute or memorandum setting out mutual powers will then make the relationship between Commons and Lords justiciable in English courts, so reducing the much prized autonomy of parliament.

The notion of «inherent jurisdiction» arises from the presumption that if there is a justiciable right, then there must be a court competent to vindicate the right... the doctrine of inherent jurisdiction requires that only an explicit ouster of jurisdiction should be allowed to deny jurisdiction to the superior court.

«ARL will be arguing that the Court should not recognize a justiciable duty to consult at any stage of the law - making stage as it would be contrary to the constitutional principles of parliamentary sovereignty and the separation of powers and would severely impede the law - making process which is integral to the rule of law in Canada,» according to an article on ARL's website.

However, unlike what occurred in the Unwired Planet case, in this action both Defendants sought a stay of the action on the grounds that (a) the actions were not justiciable in the United Kingdom and (b) if they were justiciable, the English Court should stay them on the basis that it was forum non conveniens and that the dispute should be determined in China.

How many of the people with justiciable issues not recognized as such would have recognized them if the law had been clearer?

Unless I've forgotten how the English language works, the definition means that literally every single event which occurs in someone's life is a «justiciable» problem and is therefore the appropriate subject of the attention of the legal profession and the courts.

«Justiciable problems are problems of everyday life, often linked to social exclusion, which may have legal aspects and potential legal solutions.»

For the 16.5 % who did not address their justiciable problem (and did not seek any assistance yet thought their problem important), approximately one - third thought that there was nothing that could be done, approximately 10 % were uncertain of their rights and approximately 10 % thought that taking action would take too much time.

Having taken a cursory look at the DOJ's study, I agree with Bob's criticism and in fact, given the generality of the questions put forward as to what constitutes a «justiciable» problem, I'm actually impressed (in a positive sense) that only 44.6 % of respondents report experiencing an issue in the three years prior to the study.

To quote from the 2013 UK Legal Services Research Centre «Civil Justice in England and Wales» report, the definition of «justiciable problem» that they use is:

I would suggest that the question of the legitimacy of the legal monopoly is itself a justiciable one, and I believe that ultimately it will be settled in favour of the rule of law and the public interest.

The analysis of the use of non-legal assistance to address justiciable problems is interesting:

These problems are referred to as being «justiciable» to focus attention on problems experienced by individuals that raise legal issues, regardless of whether they recognize them as legal issues or take action to resolve them.

Tagged with: Charter Constitution equality fundamental justice Justiciable principles of fundamental justice Right to housing section 15 section 7s

And other international crimes are justiciable in the UK as a result of the International Criminal Court Act 2001 (as amended in 2009) if they took place after 1 January 2001.

Various studies (see Julie MacFarlane's study of self - represented litigants, 2013;) demonstrate that most individuals with a justiciable issue seek advice (sometimes legal, sometimes other) for dealing with the matter at some stage before and during proceedings.

A seminal study from Great Britain (Genn, Paths to Justice, 1999), found that 90 % of individuals with a justiciable issue sought some form of advice at some time.

Moreover, there are very different rates of resolution as well as ways to resolve these justiciable problems, depending on the nature of the problem and its relationship to other justiciable problems.

Estimates and sources vary, but we routinely hear numbers in the range of 70 - 85 % when people discuss the prevalence of legal or justiciable issues that could be but aren't addressed by a lawyer.

Tagged with: Aboriginal Law Courtoreille Appeal Crown duty to consult Intervention Justiciable legislative sovereignty legislative supremacy parliamentary sovereignty parliamentary supremacy separation of powers

On January 15, 2018, lawyers for Advocates for the Rule of Law («ARL») will be appearing before the Supreme Court of Canada to make submissions in a case that will consider whether there is a justiciable duty to consult potentially affected Aboriginal groups in the legislative process.

ARL argues that a justiciable duty to consult at any point in the legislative process can not be reconciled with other underlying and fundamental principles of the Constitution and looks forward to the hearing of this important case on January 15, 2018.

ARL will be arguing that that the Court should not recognize a justiciable duty to consult at any stage of the law - making stage as it would be contrary to the constitutional principles of parliamentary sovereignty and the separation of powers and would severely impede the law - making process which is integral to the rule of law in Canada.

Justice Groberman cited the Supreme Court of Canada's decision in Brotherhood of Maintenance of Way Employees Canadian Pacific System Federation v Canadian Pacific Ltd., [1996] 2 SCR 495 where it was held Canadian courts have jurisdiction to grant injunctions in cases where there is a justiciable right, even if the court is not, itself, the forum where the right will be determined.

Research indicates, however, that most justiciable problems never reach the courtroom (Andrew Pilliar, «Law and the Business of Justice: Access to Justice and the Profession / Business Divide» (2014) 11 Journal of Law & Equality 5 at 10).

Studies show that in Canada, only 17 % of people who have a justiciable issue seek the assistance of a lawyer to resolve it.

The issue discloses a new cause of action, justiciable in the Supreme Court of Nova Scotia.

Studies have shown that over 85 % of all «justiciable events» are addressed by ordinary people without legal assistance.

One potentially useful data point cited by the Initiative from this study is that Canadians seek legal advice for only 11.7 % of «justiciable events.»

That sort of thing — I would have thought — is not readily justiciable, and is best left to the religious community itself to sort out in its own way.

Federal district courts and federal courts of appeal would continue to function and could rule on any justiciable legal issue presented.

If the claim is justiciable and within the proper bounds of the court's role, the exercise by the Crown of its prerogative power is consistent with domestic constitutional law.

Of course, in light of the current composition of the U.S. Senate and the current President, and the precedent that the «nuclear option» can abolish the filibuster for some kinds of judicial appointments (a parliamentary ruling which is almost surely not justiciable due to express language vesting procedural questions in the U.S. Senate in the Senate and not the courts in the U.S. Constitution), this question is unlikely to present itself any time sooOf course, in light of the current composition of the U.S. Senate and the current President, and the precedent that the «nuclear option» can abolish the filibuster for some kinds of judicial appointments (a parliamentary ruling which is almost surely not justiciable due to express language vesting procedural questions in the U.S. Senate in the Senate and not the courts in the U.S. Constitution), this question is unlikely to present itself any time sooof the current composition of the U.S. Senate and the current President, and the precedent that the «nuclear option» can abolish the filibuster for some kinds of judicial appointments (a parliamentary ruling which is almost surely not justiciable due to express language vesting procedural questions in the U.S. Senate in the Senate and not the courts in the U.S. Constitution), this question is unlikely to present itself any time sooof the U.S. Senate and the current President, and the precedent that the «nuclear option» can abolish the filibuster for some kinds of judicial appointments (a parliamentary ruling which is almost surely not justiciable due to express language vesting procedural questions in the U.S. Senate in the Senate and not the courts in the U.S. Constitution), this question is unlikely to present itself any time sooof judicial appointments (a parliamentary ruling which is almost surely not justiciable due to express language vesting procedural questions in the U.S. Senate in the Senate and not the courts in the U.S. Constitution), this question is unlikely to present itself any time soon.

I presume that Lee has in mind the 70 % who don't use lawyers in family law disputes, the 70 % without powers of attorney, the 60 % without wills, the 40 % who do nt seek legal advice when injured, the 1/3 who know that they have legal problems yet don't seek legal assistance and the 85 % who don't seek legal assistance for justiciable problems.

He indicated in R v Higher Education Funding Council, ex parte Institute of Dental Surgery [1994] 1 All ER 651, [1994] 1 WLR 242 that: «The giving of reasons may among other things concentrate the decision - maker's mind on the right questions; demonstrate to the recipient that this is so; show that the issues have been conscientiously addressed and how the result has been reached; or alternatively alert the recipient to a justiciable flaw in the process.