Sentences with phrase «out of the court process»

Below are some of the options available both in and out of the court process.

«Having decided to take your dispute out of the court process, you do not want to be seated in a jurisdiction where the court might needlessly interfere in the process.»

She works solely with couples who choose out of court process options to resolve their family dispute.

Stu Webb had developed an out of court process called collaborative divorce in 1990 in Minnesota.

When a lawyer under - functions, he or she typically operates based on the premise that because Collaborative Divorce is a settlement based, out of court process, that the law is irrelevant — that the parties can do whatever they choose to do.

Also, collaborative law is another option to stay out of the court process.

Not exact matches

We have guided clients and stakeholders in the FinTech space through both in - and out - of - court restructuring processes.

The Fifth Circuit Court of Appeals threw out the Fiduciary Rule, but this is just the beginning of the process with much more to come.

Contempt of court is a crime, though, and impeachment would get her out of office, though it is a long and complicated process.

Once the U.S. Supreme Court has ruled on a matter of U.S. Constitutional law, the only ways to change it are either for the Supreme Court to overturn their decision in a later ruling on a different case or for the U.S. Constitution to be amended, according to the process set out in Article V.

«We know APC government does not obey court orders, they do not care about due process of the law, they are not moved by protest, and therefore, the best option is to use their votes to chase the governor out of seat when he comes out for re-election.»

Since Bolling v. Sharpe, a Supreme Court decisions that came out the same day as Brown v. Board of Education, the 5th amendment's Due Process clause has been interpreted by the courts to also imply a guarantee of equal protection under federal law.

Britain's route out of the EU became muddied last week after a High Court ruling that parliament must have a say on starting the process.

So, while the courts could slow down the process, they are likely to stay out of the Legislature's affairs as a simple matter of respect for the constitutional separation of powers.

amending the Convention to include the principles of subsidiarity and the margin of appreciation; amending the Convention to tighten the admissibility criteria - so that trivial cases can be thrown out and the focus of the Court can be serious abuses; reducing the time limit for claims from six months to four improving the selection process for judges; setting out a roadmap for further reform.

Ozekhome also pointed out that the continuing detention of Suswam without recourse to Court or due process of law constitutes a violation of his fundamental human rights guaranteed under Section 35 (1)(c) and (4) and 44 (1) of the 1999 Constitution (as amended) and is therefore illegal and unconstitutional.

«If we are to be a city that respects the judicial process, we must keep ICE out of our courts.

Irrespective of whatever decision of the Supreme Court on the tenure of five state governors in the country, Governor Ibrahim Idris of Kogi State must have commenced the process of his final movement out of the Lugard House in Lokoja.

Those talking about breach of the due process (because the matter involving the deportees is still before the court) can bite off their tongues and spew them out — for all I care!!

«The house of chiefs or courts dealing with the case should expedite processes and come out with a ruling and the way forward, then we know what to do.

NYC Council Speaker Melissa Mark - Viverito said that she has been «aggressively» pushing Chief Judge Janet DiFiore to figure out how to limit the presence of ICE officers in the city's courts, where advocates report the federal agents have snatched up foreign nationals awaiting processing.

The Government published a new Adopters» Charter in October 2011, setting out clear guidance for both adoption agencies and prospective adopters and called for «radical reform» of the family justice system, which was taking 13 months on average to process a child's case through the family courts.

In his announcement, the governor called the decision of the Supreme Court's worst and said, «This decision ignited the equivalent of a campaign nuclear arms race and created a shadow industry in New York — maligning the integrity of the electoral process and drowning out the voice of the people.

An Accra High Court on Wednesday, struck out a case in which the PPP was protesting a GHc50, 000 and GHc10, 000, fixed by the Electoral Commission as filing fees for presidential and parliamentary candidates respectively, as part of the nomination process.

«I'm confident that after a full hearing and due process I'll be vindicated on the charges,» said Silver, who seemed unfazed in court, even pausing on his way out to sign a sketch artist's rendering of the scene.

We are very disappointed in the posture of the NDC since this issue broke out and the court processes more than four years ago, and we are appealing to the party and government to stop criminalizing their own people, and giving the party a very bad image.

CENCORD's letter to the Chief Justice, revealed that the Center carried out an independent monitoring and evaluation process of the compliance of the relevant sections of Act 915 by the Courts around the country between September 1, to December 1, 2017.

The Brexit bill giving May the power to take the UK out of the EU is likely to be introduced to parliament on Thursday, after the supreme court ruled MPs and peers must approve the process.

In the release the East Hampton Town Board said it «remains confident that it will prevail in the litigation, however, out of respect for the judicial process, the town has agreed to continue to not enforce the local laws pending the Court's decision.»

The court said that local governments whose citizens do not want fracking can opt out of allowing the gas drilling process in their city, town or village.

«With the judgment of the Court of Appeal now, we would have just revived the former proceedings but since the case was not just struck out but dismissed by the Federal High Court, it means the process must start afresh.»

2) The governor and the Senate Republicans (who pledged during last year's campaign, before they were in the majority, to back independent redistricting) can both refuse to yield, indefinitely, in which case the process will likely end up in court, and out of the hands of the legislature.

The Interior ministry director presented a copy of the judgment by Obiozor, who described the case as «an abuse of court process» and struck it out.

The first battle would be in the court system, where officials would have to wring efficiencies out of the process to bring the Rikers population to a more manageable level.

By accessing, viewing, or using the works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction and venue for any and all disputes arising out of this Agreement or related to the Service are in the state and federal courts located in the State of Maryland and (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.

Diegnan's bill also lays out a process of binding arbitration for contested cases, not the administrative court specified in Ruiz's bill.

In California, a district must go through a process that involves 10 different steps — including appeals before a three - person panel of the state's Professional Competence commission that is largely slated in favor of NEA and AFT, and state courts — until a dismissal is either finalized or tossed out.

Even transferring a property out of your name into someone else's name can not protect the property from the bankruptcy process, as the courts consider a transfer a «deemed disposition» — in other words, the property was as good as sold, and even if no money changes hands, the theoretical sale price will be determined based on the fair market value of the home.

The opt - out process involves the Court making orders that notice must be given to group members of the right to opt out of the class action before a specified date.

DIY credit card arbitration: You may be able to opt out — Consumers can preserve their right to go to court instead of private arbitration in many cases by going through and opt - out process... (See Arbitration)

But instead of moving the project along, bankruptcy only made things messier: Talks among the developer, lender, contractor and the Bahamian government became contentious; Rosewood begged out of its licensing agreement with the development; the U.S. Bankruptcy Court threw out the case in September; Baha Mar laid off thousands of workers in the fall; and Bahamas court officials prepared to start a potential liquidation process in NoveCourt threw out the case in September; Baha Mar laid off thousands of workers in the fall; and Bahamas court officials prepared to start a potential liquidation process in Novecourt officials prepared to start a potential liquidation process in November.

Let me guess, like Mr. Steele, you argue that it is much better to publish your science on blogs because it «gets the word out», and avoids «suppression» if your work had to be subject to peer review by informed climate scientists, and you remain amusingly self - unaware that this preference actually accidentally reveals that your aspirations are political — you desire the exposure, or less euphemistically, propaganda, which a blog can provide, not the vigorous hearing in the court of logic that the scientific and peer review process offers.

In this regard, the Court highlighted that some publishers may be beyond the scope of EU legislation [84] and that a search engine operator does not appear to benefit from the derogation to the Directive for processing carried out «solely for journalistic purposes» [85].

While a stay or strike out of proceedings are draconian remedies, courts and tribunals are prepared to use them in order to protect the integrity of their processes and procedures.

The Court then assessed whether the relevant personal data processing was «carried out in the context of the activities» of an establishment of the controller.

The Court therefore held that Google Spain's activity of promoting and selling advertising space offered by the search engine which made it economically profitable was processing carried out in the context of the activities of the establishment [56].

(4) Even if settlement is not reached, early neutral evaluation programs help to identify the issues in dispute and help prepare litigants for further dispute resolution processes both in and out of court, also saving litigants time and money.

Although the Court of Appeal shared the sympathies which Mr Justice McCombe had previously expressed for police officers «who have to confront day in and day out the realities of life rather than the black letter law which this court has to apply» (see Bonner v DPP [2004] EWHC 2415 (Admin), [2004] All ER (D) 74 (Oct)-RRB-, it recognised, as indeed it must, that if the law were to be changed, it was to be achieved by Parliament using the legislative process rather than by the courts according the statutory provision a «liberal» (or illiberal) interpretaCourt of Appeal shared the sympathies which Mr Justice McCombe had previously expressed for police officers «who have to confront day in and day out the realities of life rather than the black letter law which this court has to apply» (see Bonner v DPP [2004] EWHC 2415 (Admin), [2004] All ER (D) 74 (Oct)-RRB-, it recognised, as indeed it must, that if the law were to be changed, it was to be achieved by Parliament using the legislative process rather than by the courts according the statutory provision a «liberal» (or illiberal) interpretacourt has to apply» (see Bonner v DPP [2004] EWHC 2415 (Admin), [2004] All ER (D) 74 (Oct)-RRB-, it recognised, as indeed it must, that if the law were to be changed, it was to be achieved by Parliament using the legislative process rather than by the courts according the statutory provision a «liberal» (or illiberal) interpretation.

In the Court of Appeal the judges had struck out a wife's claim for «abuse of the court's process» (FPR 2010 r 4.4 (1)(a) and (b)-Court of Appeal the judges had struck out a wife's claim for «abuse of the court's process» (FPR 2010 r 4.4 (1)(a) and (b)-court's process» (FPR 2010 r 4.4 (1)(a) and (b)-RRB-.

However, in cases where a failure to give proper disclosure has made a fair trial impossible, or prevented the court from doing justice, or in instances of a flagrant abuse of process, a superior court will exercise its inherent jurisdiction — its power to control its own procedure so as to prevent it from being used to achieve injustice — to strike out the case before or during a trial (see for example Raja v Van Hoogstraten and others [2006] EWHC 1315 (Ch) and CPR 3.4 (5)-RRB-.