Sentences with phrase «such civil proceedings»

Not exact matches

The proposed amendment reads, «the provisions of subsection (1) of this section shall not apply to, (a) «civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party».

The bill proposed the substitution of subsection 308 (2) which reads «the provisions of subsection (1) of this section shall not apply to civil proceedings against a person to whom this section applies in his official capacity or to civil or criminal proceedings in which such a person is only a nominal party», with a new section.

Pursuant to Education Law section 16, any person having reasonable cause to suspect that a student has been subjected to harassment, bullying, and / or discrimination by an employee or student, on school grounds or at a school function, who acting reasonably and in good faith, either reports such information to school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this subdivision, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings.

(a) Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in section 401 of title IV hereof, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section.

(2) signed by an individual, or his parent, to the effect that he has been denied admission to or not permitted to continue in attendance at a public college by reason of race, color, religion, or national origin, and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly achievement of desegregation in public education, the Attorney General is authorized, after giving notice of such complaint to the appropriate school board or college authority and after certifying that he is satisfied that such board or authority has had a reasonable time to adjust the conditions alleged in such complaint, to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section, provided that nothing herein shall empower any official or court of the United States to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards.

Honest errors such as transposing contact phone numbers or putting down outdated employment information may not result in criminal or civil proceedings.

For the purpose of assuring orderly and fair proceedings and to protect the basic civil rights of any accused person, the Board of Directors shall adopt and print rules of procedure and from time to time may amend these rules of procedure not inconsistent herewith for the conduct of such hearings, and such rules shall be binding upon the parties.

The act also includes provisions to help protect servicemembers against eviction, foreclosure, repossession, and civil court proceedings for the duration of their service, as well as allowing you to terminate certain obligations, such as cellphone contracts or vehicle leases, if you are called to service.

The «continuing professional development» programs (CPD and CLE programs) that lawyers must take every year don't provide such knowledge and information, and therefore, nor do electronic discovery in civil proceedings and the disclosure that the Crown is required to provide to accused persons in criminal proceedings.

These include shareholder and partnership disputes; the investigation and pursuit of civil fraud claims against directors, employees and third parties; international asset tracing; professional negligence claims (including against office holders); Company law claims such as minority shareholder petitions (Section 994 Petitions) and specialist applications in relation to the conduct and control of companies; contract disputes; challenges to share sale consideration; and directors» disqualification proceedings.

In BC, chambers judges addressing judicial reviews have a power to transfer such proceedings to the trial list (BC Civil Rules 16 - 1 (18) and 22 - 1 (7)(d)-RRB-.

In addition to having experience in all phases of civil proceedings such as evidentiary hearings, motion practice, pre-trial preparation, and trials, Mr. Singh has on several occasions represented clients in successfully obtaining or defending against preliminary injunctions and temporary restraining orders, including successfully defending such results on appeal.

This case has had such a significant impact on civil legal proceedings in the courts in Ontario, including with respect to the access to justice, that it has, in the course of one year since the decision was released, been cited in more than 400 reported decisions of the courts in Canada.

This provision must be read in conjunction with Recital 6, which states that «administrative proceedings leading to sanctions such as competition, trade, tax, financial services proceedings and other investigations by administrative authorities in relation to these proceedings, and also civil proceedings are not covered by this Directive.»

What IA 2005 does not do, however, is to grapple with the difficult interplay between such inquiries — which, by virtue of IA 2005, can have many of the features of legal proceedings — and other civil and criminal proceedings that are contemplated or already on foot.

But if the behaviour is outside of the diplomats professional functions, a civil case (such as care proceedings can be brought)

Although a claim brought in the courts will have a cost attached to it, the cost of any such proceedings may be less than the damage caused by the initial error, particularly in an unopposed claim brought pursuant to Part 8 of the Civil Procedure Rules.

Specifically in the context of contemplated CROs, the current policy (set out in the Attorney General's Guidelines on asset recovery) 66 should prevent civil recovery proceedings from being pursued in parallel with criminal proceedings; although the Bruce Hall example discussed above demonstrates there is no bar against such proceedings being pursued in tandem with criminal proceedings provided the conduct that is the subject of the respective proceedings can be appropriately distinguished.67

It is incompatible with Council Regulation No 44 / 2001 / EC (jurisdiction and recognition and enforcement of judgments in civil and commercial matters) for a court of a member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.

In 2006, the American Bar Association house of delegates unanimously approved a report calling for a national civil Gideon to «provide legal counsel as a matter of right at public expense to low - income persons in those categories of adversarial proceedings where basic human needs are at stake, such as those involving shelter, sustenance, safety, health or child custody.»

HRA 1998, s 8 (1) and (2) says that the court can award such damages «within its powers as it considers just and appropriate»; but «(2)... damages may be awarded only by a court which has power to award damages... in civil proceedings».

It applies to any civil proceedings in the High Court or Court of Appeal in which the court «considers an application for an injunction prohibiting the publication of private or confidential information, the continuation of such an injunction, or an appeal against the refusal of such an injunction».

(a) to recognise the right of a mentally competent adult who is suffering intolerably from a terminal illness to request a medical practitioner to provide medical services that allows the person to end his or her life peacefully, humanely and with dignity; and (b) to grant a medical practitioner who provides such services immunity from liability in civil, criminal and disciplinary proceedings.

Section 21 (1) provided: «In any civil proceedings by or against the Crown the court shall, subject to the provisions of this Act, have power to make all such orders as it has power to make in proceedings between subjects, and otherwise to give such appropriate relief as the case may require.»

He rejected Reliance's argument that a Notice of Application in a proceeding before the Competition Tribunal should be more fulsome in its level of detail than pleadings in other civil matters simply because of the complexity of the economic facts in such proceedings.

Civil litigation matters can be complex and involve numerous steps in the proceedings such as, pleadings, discoveries, motions, mediation, pre-trial, and trial.

We also advise clients about how to address the multiple factors that can come into play, such as reporting or disclosure requirements, corporate governance considerations, concerns about one's reputation or other business harms, and the possibility of follow - on civil litigation or other enforcement proceedings.

They are also regularly involved in advising and bringing proceedings under other human rights instruments such as the United Nations» International Covenant on Civil and Political Rights as well as EU law.

Inn Re X Children n [2007] EWHC 1719 (Fam) Mr Justice Munby said of inculpatory statements in care proceedings that such matters were ultimately a matter for the crown court judge, not the family court, to decide whether they fell within s 98 (2), suggesting that the criminal courts will also have to balance earlier assurances given in civil proceedings.

Bowden is relevant not only to civil claims arising from abuse many years ago but also to other personal injury cases where the defendant's alleged tort relates to circumstances long before proceedings were issued, such as occupational illness claims.

Rather, such proceedings are subject to the civil standard, described as follows: «Has the proponent of a fact in issue established that its existence is more likely than not?»

A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment or, as is much more common, such disputes may be resolved through informal settlement before any lawsuit is filed:

The firm also represents those facing professional disciplinary, regulatory and compliance proceedings where, in today's heavily regulated commercial world, such proceedings can attract significant criminal penalties as well as civil sanctions.

pleading possible defences (such as illegality) in civil proceedings, which may strengthen the company's case in those proceedings but would undermine the position it has taken in relation to an investigation; or

So far as foreign divorces are concerned, the validity of such documents will depend on whether the divorce is obtained by way of «proceedings» (i.e. involving some sort of judicial or civil process) or pronounced without such action (certain kinds of talaq, for example).

With non-EU-domiciled defendants such as the Canadian Holdings, this turns on the UK Civil Procedure Rules, and in particular whether the court should order service of the proceedings on a defendant out of the jurisdiction.

As a result, a company involved in civil proceedings may be required to disclose sensitive documents to an opponent, including documents relevant to an investigation or even unprivileged investigation material (such as interview notes).

Specifically in the context of contemplated CROs, the current policy (set out in the Attorney General's Guidelines on asset recovery)[86] should prevent civil recovery proceedings from being pursued in parallel with criminal proceedings; although the Bruce Hall example discussed above demonstrates there is no bar against such proceedings being pursued in tandem with criminal proceedings provided the conduct that is the subject of the respective proceedings can be appropriately distinguished.

Pursuant to section 25 of the Civil Jurisdiction and Judgments Act 1982, the English court can also grant provisional / interim measures such as freezing injunctions in support of enforcement of foreign judgments pending enforcement proceedings in England.

«It is often observed that it is very easy to get into court in African states and can be much more difficult to get out of court,» with proceedings taking many years, he said; there being a variety of legal traditions across the continent, from common, to civil and Islamic law, as well as hybrids, such as those in South Africa and Mauritius.

However, the Court dismissed this argument with no analysis, stating «defendants cite no authority barring them from disclosing such information in civil discovery proceedings, and their privacy concerns are speculative.»

As Coulson J stated, «s 33 only applies to personal injury and fatal accident claims, not other forms of civil proceedings» and that such claims «have always been the subject of special rules relating to limitation», that secondly, as evident from countless authorities, «no decision under s 33 can be regarded as setting down definitive guidelines that are automatically applicable in another factual decision; any decision under s 33 has to be regarded as a decision on the particular facts of that case, and nothing more.»

But such an approach overlooks Stadlen J's careful analysis of the safeguards and protections provided to a defendant by the common law and Art 6; in both civil and criminal proceedings the «fairness» criterion is the trump card.

It could also be a first step towards allowing cameras into other appeal hearings, criminal and civil — and from there, to High Court proceedings such as judicial review challenges».

The rules of practice and procedure, in civil matters, of the court in which proceedings are commenced by way of application apply to those proceedings, but where those rules do not provide for the proceedings to be heard and determined without delay and in a summary way, the court may give such directions as it considers necessary in order to so provide.

All employment litigation, including Employment Tribunals, civil court proceedings as well as alternative means of dispute resolution such as mediation.

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.

Injured civil claimants may participate in criminal proceedings as private claimants and exercise party rights (such as the right to access to the file of the investigation etc).

Common examples of such contempts are: publications which are intended or likely to prejudice the fair trial or conduct of criminal or civil proceedings; publications which scandalize or otherwise lower the authority of the court; and acts which interfere with or obstruct persons having duties to discharge in a court of justice.»

Parties filing electronic versions of material for Divisional Court proceedings must still file typed or printed copies of such material in accordance with Rule 61 of the Rules of Civil Procedure.