Sentences with phrase «procedure used in court»

Each of the chapters provides an overview of the formalities to be expected and the procedure used in court in each of the numerous countries the book will cover, and will use a consistent format for ease of comparison.

Not exact matches

Remember though, if you default on a secured loan then the assets or asset class you used as a security could be seized by the creditor in a Court procedure that could also put your company out of business, so there is some element of risk to consider with asset - based financing.
Trustees initiated a rarely used court procedure in January to annex several sites that lie between Glen Ellyn's boundaries and unincorporated properties whose owners have agreed to annex.
The legal claim launched last August by Malone Real Estate LLC in Essex County Supreme Court contends permitting decisions were made in violation of Saranac Lake's land - use zoning procedure.
The Court's decision to hear Wygant v. Jackson Board of Education (Case No. 84 - 1340) marked the first time in recent years that it has agreed to review the use of affirmative - action procedures by school officials.
The automatic stay in bankruptcy is a federal legal procedure used by bankruptcy courts to cease collection activities until all debts have been settled.
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 new systems and procedures greatly assist the collision investigator, but it is only with experience gained fromattending a large number of collisions and from using the available evidence that I am then able to explain to a Court precisely what happened, and the physics involved, in a road traffic collision.
Patrick, you are very right to point to the connection between the increasingly prevalent enshrinement of proportionality as a Grundnorm in the reform of Canadian court procedures and the use of low - end technological solutions where they are feasible.
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-.
On August 12, 2016, the U.S. Court of Appeals for the Federal Circuit granted rehearing en banc to appellants in In re Aqua Products, Inc to consider the procedures used by the USPTO Patent Trial and Appeal Board (PTAB) to limit the ability of patent owners to amend claims during AIA post-grant proceedingin In re Aqua Products, Inc to consider the procedures used by the USPTO Patent Trial and Appeal Board (PTAB) to limit the ability of patent owners to amend claims during AIA post-grant proceedingIn re Aqua Products, Inc to consider the procedures used by the USPTO Patent Trial and Appeal Board (PTAB) to limit the ability of patent owners to amend claims during AIA post-grant proceedings.
In addition to being a relatively expensive process and treating minor offenders like «criminals,» using the summary conviction procedure to prosecute provincial offences also imposed enormous financial and workload pressures on the provincial court.
Keep in mind, however, that small claims court only governs claims of $ 6,000 or less, and only in cases where the Plaintiff has elected to file a suit using small claims court procedures.
Students taking part in moot court competitions, civil procedure study and paper writing all found Litigator to be an excellent tool for use in their research and learning experience.
I note that this question is tagged «small claims court» but it isn't clear from the circumstances set forth in the question whether this is merely a claim for a small amount of money or is truly a claim that was filed using the special small claims court procedures in which an attorney is not required.
Although the trial court in this case used an alternate procedure for checking whether prospective jurors had such a disqualifying relationship, the Georgia Court of Appeals held that such a modified procedure is impermissible when, as is the case here, a party requests that qualification be done during voir dire and in open ccourt in this case used an alternate procedure for checking whether prospective jurors had such a disqualifying relationship, the Georgia Court of Appeals held that such a modified procedure is impermissible when, as is the case here, a party requests that qualification be done during voir dire and in open cCourt of Appeals held that such a modified procedure is impermissible when, as is the case here, a party requests that qualification be done during voir dire and in open courtcourt.
On August 12, 2016, the U.S. Court of Appeals for the Federal Circuit granted rehearing en banc to appellants in In re Aqua Products, Inc to consider the procedures used by the USPTO Patent Trial and Appeal Board (PTAB) to limit the ability of patent owners to amend claims during.in In re Aqua Products, Inc to consider the procedures used by the USPTO Patent Trial and Appeal Board (PTAB) to limit the ability of patent owners to amend claims during.In re Aqua Products, Inc to consider the procedures used by the USPTO Patent Trial and Appeal Board (PTAB) to limit the ability of patent owners to amend claims during...
A little used procedure exists: the Senior Courts Act 1981, s 70 (1), under the heading «Assessors and scientific advisers», provides: «In any cause or matter before the High Court the court may, if it thinks it expedient to do so, call in the aid of one or more assessors specially qualified, and hear and dispose of the cause or matter wholly or partially with their assistance»In any cause or matter before the High Court the court may, if it thinks it expedient to do so, call in the aid of one or more assessors specially qualified, and hear and dispose of the cause or matter wholly or partially with their assistance&raCourt the court may, if it thinks it expedient to do so, call in the aid of one or more assessors specially qualified, and hear and dispose of the cause or matter wholly or partially with their assistance&racourt may, if it thinks it expedient to do so, call in the aid of one or more assessors specially qualified, and hear and dispose of the cause or matter wholly or partially with their assistance»in the aid of one or more assessors specially qualified, and hear and dispose of the cause or matter wholly or partially with their assistance».
In the case of explosives the practical military experience of making and testing improvised explosives devices, (at times when such activity was authorised by the Secretary of State for Defence), having instructed others in the creation of such devices, the rehearsal of the use of such devices under circumstances parallel to those that defendants are accused, actual use of clandestine recipes, and also chemical expertise in the synthesis procedures used in explosive preparation, are all critical to being able to assist the court in such matterIn the case of explosives the practical military experience of making and testing improvised explosives devices, (at times when such activity was authorised by the Secretary of State for Defence), having instructed others in the creation of such devices, the rehearsal of the use of such devices under circumstances parallel to those that defendants are accused, actual use of clandestine recipes, and also chemical expertise in the synthesis procedures used in explosive preparation, are all critical to being able to assist the court in such matterin the creation of such devices, the rehearsal of the use of such devices under circumstances parallel to those that defendants are accused, actual use of clandestine recipes, and also chemical expertise in the synthesis procedures used in explosive preparation, are all critical to being able to assist the court in such matterin the synthesis procedures used in explosive preparation, are all critical to being able to assist the court in such matterin explosive preparation, are all critical to being able to assist the court in such matterin such matters.
He says the Commercial List court, in particular, often makes use of aspects of the rules that allow for liberality of procedure to try and achieve efficiency.
Therefore, I would argue for the CJEU not to follow AG Campos on this occasion and rather clarify that (i) technical compliance can not be deferred beyond the award of the contract, regardless of the use of references to branded «or equivalent» products, and (ii) it is for the national court to determine whether the rules on technical specifications and qualitative selection were infringed in the design of the procedure in the case at hand.
The Las Vegas Justice Court, for example, has separate small claims forms and procedures that you must use in that cCourt, for example, has separate small claims forms and procedures that you must use in that courtcourt.
Case Management is the procedure used by our circuit to monitor and move all Family Court Cases through the court system in a timely and efficient maCourt Cases through the court system in a timely and efficient macourt system in a timely and efficient manner.
They will use their experience of representing clients in both disciplinary and court proceedings, as well as their ability to swiftly navigate regulatory and disciplinary rules and procedures, to ensure their clients» rights are being respected and protected;
The Court also adopts rules of procedure used in state courts and manages the court syCourt also adopts rules of procedure used in state courts and manages the court sycourt system.
As pointed out elsewhere, contracting authorities and review courts should be particularly careful in not imposing excessive disclosure when there are actual risks of strategic use of challenge procedures or the market structure is such that the increased degree of transparency could (inadvertently) facilitate or reinforce collusion [Sanchez Graells, A. Public Procurement and the EU Competition Rules (Oxford, Hart Publishing, 2011) 358 - 9].
At the report's launch Mr Justice Sullivan, who chaired the working group, said: «While the Administrative Court is capable of dealing effectively with environmental law challenges, that is of limited practical value in protecting the environment if only the very rich or the very poor can afford to use the court's procedures.&rCourt is capable of dealing effectively with environmental law challenges, that is of limited practical value in protecting the environment if only the very rich or the very poor can afford to use the court's procedures.&rcourt's procedures
Differently than the procedure for preliminary rulings before the CJEU, which allows the latter Court to use a wider margin of appreciation when it assesses the admissibility of the referring order and to rephrase its scope and content in the light of EU law (as it did with the request from the Tribunale di Cuneo that started the Taricco saga), the ICC is more strictly bound by the correspondence between such order and the final ruling.
Last June I posted on how Canadian courts and creative counsel are using the Supreme Court of Canada's decision in Hryniak v. Mauldin to improve access to justice by crafting procedures to bring cases to trial in a more efficient and cost effective way.
When conciliation or mediation does not result in an agreement leading to the withdrawal of the application for return, the court shall decide using a summary procedure.
this is the necessary result of the Court's decision, unless, in the alternative, that would be to imply that, in exercising such jurisdiction, there is only one kind of general court - martial, but there are two or more kinds of military commission, with wholly different procedures and with the result that «the commander in the field» will not be free to determine whether general court - martial or military commission shall be used as the circumstances may dictate, but must govern his choice by the kind of procedure he wishes to have emplCourt's decision, unless, in the alternative, that would be to imply that, in exercising such jurisdiction, there is only one kind of general court - martial, but there are two or more kinds of military commission, with wholly different procedures and with the result that «the commander in the field» will not be free to determine whether general court - martial or military commission shall be used as the circumstances may dictate, but must govern his choice by the kind of procedure he wishes to have emplcourt - martial, but there are two or more kinds of military commission, with wholly different procedures and with the result that «the commander in the field» will not be free to determine whether general court - martial or military commission shall be used as the circumstances may dictate, but must govern his choice by the kind of procedure he wishes to have emplcourt - martial or military commission shall be used as the circumstances may dictate, but must govern his choice by the kind of procedure he wishes to have employed.
In court, Marie uses her knowledge as a former crown court clerk to her advantage; she has a detailed knowledge of criminal procedure and a keen eye for detail which is particularly helpful in Proceeds of Crime Act proceedingIn court, Marie uses her knowledge as a former crown court clerk to her advantage; she has a detailed knowledge of criminal procedure and a keen eye for detail which is particularly helpful in Proceeds of Crime Act proceedingin Proceeds of Crime Act proceedings.
487.01 (1) A provincial court judge, a judge of a superior court of criminal jurisdiction or a judge as defined in section 552 may issue a warrant in writing authorizing a peace officer to, subject to this section, use any device or investigative technique or procedure or do any thing described in the warrant that would, if not authorized, constitute an unreasonable search or seizure in respect of a person or a person's property if
By way of derogation from the procedure laid down in Articles 226 and 227, the Commission and any Member State may bring the matter directly before the Court of Justice if it considers that another Member State is making improper use of the powers provided for in this Article.
In response to tenant default, the landlord may take termination action, either making a termination claim to the court or using the summary termination procedure.
In criminal contempt proceedings, contempt of court is a crime that is just prosecuted using an unusual procedure.
This accelerated procedure is only recommended for use in cases where either there is little, if any, prospect of the tenant or the holder of a qualifying interest wishing to contest the termination of the tenancy, or where, had the landlord brought a termination claim, the tenant would have no realistic prospect of persuading the court not to make that order.
In subsequent cases, most notably the healthcare case King v. Burwell, the Court has also indicated that on some legal questions of major importance, it would be implausible to infer that Congress intended deference, even if the agency administers the statute and uses formal procedures.
In her thoughtful reasons on behalf of the Court, Justice Karakatsanis emphasized the need for participants in the system to ensure that timely, efficient and proportionate procedures are used and tailored to the individual casIn her thoughtful reasons on behalf of the Court, Justice Karakatsanis emphasized the need for participants in the system to ensure that timely, efficient and proportionate procedures are used and tailored to the individual casin the system to ensure that timely, efficient and proportionate procedures are used and tailored to the individual case.
31 In that regard, it should be borne in mind that, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before iIn that regard, it should be borne in mind that, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before iin mind that, in the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case before iin the procedure laid down by Article 267 TFEU providing for cooperation between national courts and the Court of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case beforCourt of Justice, it is for the latter to provide the national court with an answer which will be of use to it and enable it to determine the case beforcourt with an answer which will be of use to it and enable it to determine the case before it.
Even when disputes are resolved in courts using traditional procedures, technology is changing the landscape.
In addition not all judges are comfortable in these courts and so not all use the pre-trial procedures to direct the parties as much as others dIn addition not all judges are comfortable in these courts and so not all use the pre-trial procedures to direct the parties as much as others din these courts and so not all use the pre-trial procedures to direct the parties as much as others do.
Up to this point, the key authority had been Thomson v Diosynth Ltd [2006] IRLR 284, [2006] All ER (D) 165 (Feb) where the Court of Session had taken a strong line that expired warnings are not to be used, but in that case the warning was used as part of the totting up procedure, with the employer accepting that the employee would not have been dismissed at all but for the expired warning.
In most states, research / writings on civil / criminal procedure is complied in volume texts by learned authors to assist others in using the court systeIn most states, research / writings on civil / criminal procedure is complied in volume texts by learned authors to assist others in using the court systein volume texts by learned authors to assist others in using the court systein using the court system.
The Civil Procedure Rules (CPR) are the rules of civil procedure used by the Court of Appeal, High Court of Justice, and County Courts in civil cases in England and Wales.
It is not surprising then that in his speech, Koen Lenaerts strongly endorsed the use of the preliminary procedure by national constitutional courts.
• Conduct case management procedures such as depositions and discovery, represent clients in court, and review income and expenses for use in trial or settlement.
• Demonstrated ability to prepare and revise legal correspondence and memos • Focused on handling highly confidential information with discretion and integrity • Committed to organizing and prioritizing cases according to their nature of urgency • Adept at handling research work using legal references and Internet resources • Particularly effective in maintaining attorneys» schedules and handling appointments • Familiar with court rules and filing procedures and making service on opposing parties • Proficient in using online services such as Westlaw and Lexis for legal research information • Documented success in generating revenue by documenting and inputting attorney's billable time and reimbursable expenses • Strong organizational skills aimed at ensuring that clerical and administrative support is constantly available to attorneys • Qualified to dig out precedence information and assist in building up cases • Expert user of Power Point, Word and Excel to assist in creating presentations, handling correspondence needs and developing spreadsheets • Exceptional knowledge of using email applications to correspond with clients and ability to type 90 words per minute
● To work as a Court Clerk for City of Corpus Christi using strong familiarity of maintenance and enforcement of court procedures in order to ensure smooth work flow of ofCourt Clerk for City of Corpus Christi using strong familiarity of maintenance and enforcement of court procedures in order to ensure smooth work flow of ofcourt procedures in order to ensure smooth work flow of office.
The forms for use in the Federal Circuit Court and Family Court of Western Australia and information about procedures in these courts is available on the Federal Circuit Court and Family Court of Western Australia websites www.federalcircuitcourt.gov.au and www.familycourt.wa.gov.au.
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