Sentences with phrase «principles of civil procedure»

The majority views the concept of nullity as being difficult to reconcile with modern principles of civil procedure.

2) The concept of «nullity» expressed in the two trial decisions is difficult to reconcile with modern principles of civil procedure.

Not exact matches

So, just as in the law we have two criminal procedures: criminal law where the requirement is «proof beyond reasonable doubt» and civil law «on the balance of probabilities», I personally think it is time we had Science (proof by experiment, the null hypothesis — proof beyond all reasonable doubt) and «science» (soft science)... where assertions are made using rigorous assessment of the data and the application of known scientific principles, but assertions have to be made which can not be subject to the full rigours of the scientific methodology.

The advantage of a SOPO or SOSHO is that there are now well established principles and procedures — including the necessity for the service of Civil Evidence Act Notices where appropriate and the prior service of a properly drafted proposed minute of the injunction.

In fact, this is the rationale behind one of the Sedona Principles (and Sedona Canada Principles), and by extension behind the rules of civil procedure in many jurisdictions: «As soon as litigation is reasonably anticipated, parties must consider their obligation to take reasonable and good faith steps to preserve potentially relevant electronically stored information.

The issues of principle raised by the closed material procedure were so fundamental that a closed material procedure should only be introduced in ordinary civil litigation (including judicial review) if Parliament saw it fit to do so.

In Con Law, we learned all sorts of cases and principles, but who taught that if you had something like a rule of civil procedure or even a local court rule, you should consider that the rule might be unconstitutional.

If you have some resources, perhaps are a small business and don't want to take on a lawyer to run the whole case for you, you would be well advised to still invest in some advice, behind the scenes on your case, on key aspects of it such as the basis of your claim or defence in law, ensuring that your formal particulars of claim or defence contain the right legal principles and to gain an understanding of the key elements of the Civil procedure rules.

Where a general statement of law applies to every jurisdiction and will be based on common caselaw principles, such as a Supreme Court of Canada decision or a consensus of appellate cases in various provinces, or on a common statutory provision, such as a similar provincial rule of civil procedure, or common employment standards legislation:

Investigations and Law Enforcement — Selected Duties & Responsibilities Build and implement investigations programs and security solutions to enable effective organizational administration, threat detection / elimination, conflict / issue resolution, and other critical discovery functions Utilize various technical applications, including cameras, A / V equipment, transmitters, recorders, and bugs, to generate valuable information and isolate parties responsible for criminal and civil malfeasance Create issue and security reports to enable development of new policies and procedures aimed at preventing further wrongdoing and protect valuable resources team Integrate investigative principles into corporate strategic mission, ensuring management and program accountability, proactive prevention of discrimination, case efficiency, and legal analysis Perform security and crime analyses of firm infrastructure against related compliance requirements as well as on - going vulnerability assessments to continuously mitigate risk Develop investigatory standard documents to serve as guide and rules resources to promote fair and legal probes Supervise related departmental staff, including performance plan development and assessment, technical oversight, personnel recruitment and training, staff discipline, and other pertinent functions Work as a member of the corporate incident response team in the execution of all related tasks, including incident response plan development, damage minimization, resource restoration, and firm integrity protection Communicate all issues and user feedback to members of management, law enforcement professionals, and other interested parties, generating situational reports and follow - up recommendations based on investigatory results Maintain a strong working knowledge of all software, hardware, applications, techniques, trends and other critical tools which aid in effective investigation React quickly based upon limited and confidential information, drawing upon extensive police and military experience in tense, complicated situations Collaborate in the preparation of necessary legal documents, including search and arrest warrants Assist management with various other duties as assigned