Sentences with phrase «state judicial procedures»

It would be unreal to say that such official failures to act in accordance with state law, redressable by state judicial procedures, are state acts violative of the Federal Constitution.

Not exact matches

True, there are stated procedures to discipline an erring judge; and in fairness, the National Judicial Council (NJC) has latterly gone on the offensive to discipline some of such judges.

Pearce earned his B.S. in Management at the University of Phoenix in 1981 and earned four certificates from the following institutions: Arizona State University (Advanced Executive Development), the University of Colorado, Boudler (Motor Vehicle Legal and Law College), Arizona Judicial College (Court Rules & Procedures for New Judges) and Harvard University (Government).

The provisions of subchapter II of chapter 5, and chapter 7 of title 5, United States Code, shall apply to procedures under this section, and an order of compliance issued by the Board shall be a final order for purposes of judicial review.

The 1910 amendment, by its terms, did not eliminate those substantive standards but altered the procedures of judicial review:» [N] 0 fact tried by a jury shall be otherwise re-examined in any court of this state, unless the court can affirmatively say there is no evidence to support the verdict» (emphasis added).

Indeed, the Canadian Judicial Council's Statement of Principles on Self - Represented Persons and Accused Persons (September 2006)(Statement of Principles) explicitly states that judges should modify procedure for self - represented persons, and in particular:

Article 267 TFEU is a formal, institutionalised judicial dialogue procedure that ensures the uniform interpretation and enforcement of EU law via national courts in all 28 Member States.

A foreclosure sale under a Deed of Trust does not have to follow the same procedures as a judicial foreclosure, which requires stricter parameters and a higher level of accountability; no judicial supervision is required for a foreclosure sale under a Deed of Trust in most states.

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«shall be the sole and exclusive procedure for the judicial review of all final orders of deportation... made against aliens within the United States pursuant to administrative proceedings under section 242 (b) of this Act.»

Furthermore, although it is true that the procedure laid down in Article 267 TFEU is an instrument for cooperation between the Court of Justice and the national courts, by means of which the former provides the latter with the points of interpretation of EU law necessary in order for them to decide the disputes before them, the fact remains that when there is no judicial remedy under national law against the decision of a court or tribunal of a Member State, that court or tribunal is, in principle, obliged to bring the matter before the Court of Justice under the third paragraph of Article 267 TFEU where a question relating to the interpretation of EU law is raised before it...

Chief among these is the Framework Decision on the European Arrest Warrant, which requires judicial and police authorities to bypass all national extradition procedures involving suspects residing in a EU member state.

SB 549 Eliminates procedure linking salaries of other state officers / elected officials to judicial salaries.

However, one may question whether the EFTA Court is not going very far here in reviewing the appropriateness of domestic judicial decisions in a field where EEA law expressly gives discretion to EEA EFTA States — in deliberate contrast to the constraints imposed on EU Member States under the preliminary reference procedure.

In particular, the EU could not be considered to have intended to implement the obligations from Article 9 (3) of the Convention since the mentioned administrative or judicial procedures fell at the current state of EU law primarily within the scope of Member State law (parastate of EU law primarily within the scope of Member State law (paraState law (para 60).

Specifically, California Constitution Article VI, § 6 (d), which provides the authority of the Judicial Council to promulgate the Rules of Court, states that the «council shall... adopt rules for court administration, practice and procedure, and perform other functions prescribed by statute.

This makes investment treaty arbitration into an adjudicatory process for resolving investor - State disputes that involves predetermined rules of procedure and substance, much like when a State submits to the jurisdiction of an international human rights court or to administrative or constitutional judicial review at the domestic level.

Nor can we say that a state's requirement that redress must be sought through appropriate judicial procedure violates due process.

Article 14 In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognised or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.

States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child.

However the president can enforce federal judicial writs, subpoena state prisoners, and other procedures which could result in the release of a state prisoner.

Likewise the (non) possibility for individuals to challenge regulations before the CJEU, the right of action (and rule of law) principle can not circumvene the Treaties: the issue is that the CJEU stated that judicial review on CFPS is a matter «within» the sphere of EU Treaties, so that MS (and EU Institutions) can not take action which may impact on them by using «outside» procedures; the rationale is the same used in other cases: if the matter is covered by EU law, absence of a specific rule in EU law does not enable MS (or the Institutions) to act: in the Advice on the Lugano Convention on Jurisdiction, the mere indirect effect of the Convention of the 44/2001 Regulation was considered sufficient to make the matter fall «wholly» within EU competence, thus depriving the MS of the power to act.

IT IS HEREBY ORDERED, pursuant to the foregoing enabling act and to the matters recited in the foregoing preface, that the annexed rules be and the same hereby are adopted for the regulation of original and appellate civil practice and procedure in judicial proceedings in the district courts of the State of Nevada, and the forms annexed thereto approved; that the same shall be effective on January 1, 1953; that publication thereof be made by the mailing of a printed copy by the clerk of this court to each member of the State Bar of Nevada according to the clerk's official list of membership of such Bar (which will include all district judges and district attorneys), and that the certificate of the clerk of this court as to such mailing, not less than sixty days prior to January 1, 1953, shall be conclusive evidence of the adoption and publication of said rules in accordance with the provisions of said enabling act.

Comments: Many commenters urged the Secretary to revise the rule to state that it does not preempt or supersede existing rules and statutes governing judicial proceedings, including rules of evidence, procedure, and discovery.

CPLR 7501 et seq. similarly sets forth the standards for judicial review of arbitration awards for arbitrations governed by New York State procedures, and similarly limits the court's authority to vacatur of the Award — not a sanction against the attorney, much less an award of treble damages.

Consents obtained under this regulation are not appropriate for the disposition of more technical and legal proceedings and may not comport with procedures and standards of federal, state, or local judicial practice.

Rules of Civil Procedure: These rules govern the procedure in courts of record in all actions, suits, or other judicial proceedings of a civil nature whether cognizable as cases at law or in equity, with the qualifications and exceptions stated in Rule 81.

For more information on applying to state court clerkships, please see the Vermont Guide to State Judicial Clerkship Procedures available online and in the Career Development Office Resource state court clerkships, please see the Vermont Guide to State Judicial Clerkship Procedures available online and in the Career Development Office Resource State Judicial Clerkship Procedures available online and in the Career Development Office Resource Room.

To implement these objectives, the Convention creates a system of close co-operation among the judicial and administrative authorities of the Contracting States and requests Contracting States to use the most expeditious procedures available under their own laws for Convention proceedings.

Regarding the 30 - day suspension, the Supreme Court of Mississippi stated «judicial review of disciplinary proceedings of a voluntary association should be limited to determining only whether the member disciplined received procedural due process as required by the Fourteenth Amendment to the United States Constitution, and whether the association has conducted its inquiry in accordance with its own rules of procedure.»