Because parties generally represent themselves, the procedures and rules of evidence in small claims court are more relaxed than in
ordinary justice court.
Not exact matches
When Americans — whether presidents, Supreme
Court justices or
ordinary citizens — refer to the «wall of separation» desired by the Founders, they not only perpetuate a historical inaccuracy; they unwittingly revive some of the most distasteful episodes in American history.
A serving
Justice of the Court of Appeal, Justice Emmanuel Agim, while speaking in Enugu, Enugu State, South - East Nigeria, on December 1, 2014, painted a picture of the excruciating pains justice - seeking ordinary Nigerians
Justice of the
Court of Appeal,
Justice Emmanuel Agim, while speaking in Enugu, Enugu State, South - East Nigeria, on December 1, 2014, painted a picture of the excruciating pains justice - seeking ordinary Nigerians
Justice Emmanuel Agim, while speaking in Enugu, Enugu State, South - East Nigeria, on December 1, 2014, painted a picture of the excruciating pains
justice - seeking ordinary Nigerians
justice - seeking
ordinary Nigerians suffer.
For those of you who were distressed to hear that the remake of «Death Wish» was having its original Thanksgiving release date bumped and despaired that you might have to go through the entire holiday season without seeing a single film in which an
ordinary person turns vigilante when the police and the
courts fail to provide any sense of
justice, «In the Fade» may come as a relief.
Lord
Justice Leveson stressed that
ordinary members of the public are often the objects of unfair scrutiny and unwelcome publicity in the media and are not well placed to assert their rights in a
court of law.
Our adversarial
court - based administration of
justice is problematic both where powerful actors have disputes with
ordinary people and where family disputes require resolution.
Legislatures,
ordinary courts, other constitutional
courts, the European
Court of
Justice and the European
Court of Human Rights are examined in turn.
If one could calculate all the cases in which the
Court had to choose between straightforward and concrete language and something more esoteric and convoluted, I wonder how often the more esoteric renditions would emanate from the
Justice Department on behalf of various Crown agencies and how often from «
ordinary Canadians».
The archive includes all the
court's records from 1804 to 1875, most of which involve, as the site itself describes it, «civil suits brought by
ordinary men and women pursuing
justice in disputes over debts, damages and broken promises.»
What's fascinating about Russeth's story about his work at Pillsbury — and why it's worth revisiting and expounding on here — is that Stringer, Lund, and Schneider weren't
ordinary lawyers: After Pillsbury, Stringer became general counsel for the Department of Education under President George H.W. Bush, and later served as an associate
justice on the Minnesota Supreme
Court; Lund went on to become general counsel for Medtronic; and Schneider became general counsel for Hormel Foods.
Delivering the opinion of the
court, the Lord
Justice Clerk said: «In light of the submissions made to her, the
court does not consider that any criticism of the Lord
Ordinary's approach is well founded.
In Kazakewich v. Kazakewich, [1936] A.J. No. 10 (C.A.), the Alberta
Court of Appeal summed up the ratios in Lambe, Severn and Edwards in this way at paragraph 86: I take it then that in approaching the interpretation of the pertinent sections of The B.N.A. Act with respect to the administration of
justice, a
Court should keep in mind that these sections are embodied in an Imperial statute to which the
ordinary rules for the interpretation of statutes apply, that therefore the intention of the framers of this Imperial statute must be ascertained as at the date of the enactment by having regard to the words employed without extraneous aids to interpretation where the language is unambiguous, and that having regard however to the nature of the statute, a great constitutional charter, the widest and most liberal construction of the words used should be adopted with a view to giving effect to the whole scheme of Canadian union [Emphasis Added].
Could a more efficient, digitized
court service re-designed for an online space improve access to
justice for the
ordinary citizen?
In one early Charter decision, Re B.C. Motor Vehicles Act, 28 a unanimous Supreme
Court used the living tree doctrine to expand the
ordinary meaning of the phrase «principles of fundamental
justice.»
As lawyers, in recent years we have seen first hand the devastating impact of legal aid cuts and vastly increased
court fees on the ability of
ordinary people, including our often vulnerable clients, to obtain
justice.
At the same time, however, in common law and in accordance with codes of conduct, the prosecutor is said to be a «minister of
justice» and «as more a «part of the
court» than an
ordinary advocate» (Delchev, para. 64 - 65).
The ever - rising cost of litigation impacts the ability of
ordinary citizens to access our
courts to pursue
justice.
«I conclude that a witness with special skill, knowledge, training, or experience who has not been engaged by or on behalf of a party to the litigation may give opinion evidence for the truth of its contents without complying with rule 53.03 where: the opinion to be given is based on the witness's observation of or participation in the events at issue; and the witness formed the opinion to be given as part of the
ordinary exercise of his or her skill, knowledge, training and experience while observing or participating in such events,» wrote
Justice Janet Simmons on behalf of the
court.
Justice Goss also mentioned the Supreme
Court of Canada decision in Sattva Capital Corp v Creston Moly Corp, 2014 SCC 53 (CanLII) for the proposition that a court must read an agreement «as a whole, giving the words used their ordinary and grammatical meaning, consistent with the surrounding circumstances known to the parties at the time of formation of the contract» (at para
Court of Canada decision in Sattva Capital Corp v Creston Moly Corp, 2014 SCC 53 (CanLII) for the proposition that a
court must read an agreement «as a whole, giving the words used their ordinary and grammatical meaning, consistent with the surrounding circumstances known to the parties at the time of formation of the contract» (at para
court must read an agreement «as a whole, giving the words used their
ordinary and grammatical meaning, consistent with the surrounding circumstances known to the parties at the time of formation of the contract» (at para 25).
Among other activities, the firm deals with
ordinary and extraordinary appeals before the Supreme
Court of
Justice and provincial High
Courts.
In fact, the Meads judgment offers an opportunity for
ordinary self represented litigants to draw a contrast between OPCA's and their own authentic motivations and goals, and to deepen our understanding of why
ordinary people are coming to the
courts without legal representation looking for access to
justice.
The risk of conflation is all the greater because a few of the issues that
Justice Rooke describes with OPCA's could be part of the experience of an
ordinary self rep.. For example,
Justice Rooke refers to the «strategy» of OPCA's «ambushing» the
courts with new documentation in the course of proceedings — I know from many interviews that some self represented litigants do this completely unintentionally because they do not understand the correct procedure.
His recommendations, which he believed would improve the
ordinary citizen's access to
justice, included the introduction of simpler unified rules, more
court control, free advice for litigants in person and greater use of information technology.
Certainly the perception of
ordinary people in Zimbabwe is that you can not get
justice in the
courts if your case is against the government, government officials, or people connected with the powerful in the ruling party.
Supreme
Court of Canada Chief
Justice Beverley McLachlin spoke last week at the University of Toronto's Access to Civil Justice for Middle Income Canadians Colloquium about how ordinary people risk being priced out of the justice
Justice Beverley McLachlin spoke last week at the University of Toronto's Access to Civil
Justice for Middle Income Canadians Colloquium about how ordinary people risk being priced out of the justice
Justice for Middle Income Canadians Colloquium about how
ordinary people risk being priced out of the
justice justice system.
Before both Mr
Justice Jack and the
Court of Appeal the employee argued that the clause was not a condition precedent to the payment; instead it was only an
ordinary condition giving the employer an action in damages (ie once the amount had been paid); if successful in this, he would then have argued that the employers had not exercised their right to rescind the agreement and so had lost the right to damages.
Abstract: On May 18, 2017, the International
Court of
Justice (ICJ or
Court) granted provisional measures in the Jadhav Case brought by India against Pakistan.1 This unremarkable order is in line with the
Court's
ordinary approach to requests for interim relief in death penalty cases.