Sentences with phrase «which procedural safeguards»

Along the way, I also explain which procedural safeguards would be appropriate to implement «deterrence damages» and «aggravated damages.»

Her motion was based upon Arizona Revised Statute Section 25 - 408 in which procedural safeguards are granted to a non-moving parent of a child to object to and possibly prevent the relocation of the child.

Not exact matches

Past presentations include the Legal One four - part Special Education Law Series, which she developed for the organization, Board Members» Roles and Responsibilities, the Basics of Special Education, Student Records and Confidentiality, Reducing the Costs of Special Education Litigation, Procedural Safeguards, Hot Topics in Special Education, Section 504: A Road Map to Compliance, I&RS: Effective Usage and Best Practices, Special Education for General Education Staff, Nursing Services In The School Setting, Legal and Effective IEPs, Understanding and Resolving Conflict, and Special Education and the Law.

The Bill represents a step backwards in Canadian justice reform, which threatens to erode individual rights and procedural safeguards, slow down the Court system, and shield police officers from cross-examination on their actions.

The CJEU further highlighted the procedural safeguards under Article 4 (3) of the 2004 Qualification Directive and Article 13 (3)(a) of the 2005 Procedures Directive, [12] which takes into account the personal and general circumstances, specifically the vulnerability of the applicant [par.

Criticism of the Deprivation of Liberty Safeguards (DOLS)-- which sets out a procedural framework to allow care homes and hospitals to detain people who lack capacity — has also intensified.

It constitutes a waiver not only of the accused's right to require the Crown to prove guilt beyond a reasonable doubt by properly admissible evidence, but also of the related procedural safeguards in the criminal trial process, some of which are constitutionally enshrined and protected.

This wording incorporates two important Community law principles which are explained further in the same judgment: «It is settled case law that in the absence of Community rules governing the matter it is for the domestic legal system of each member state to... lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from Community law, provided, however, that such rules are not less favourable than those governing similar domestic actions (the principle of equivalence) and do not render virtually impossible or excessively difficult the exercise of rights conferred by Community law (the principle of effectiveness).»

It is useful to quote key observations by Stadlen J [at paras 126 - 129]: «In my view, notwithstanding the absence in the FTPP proceedings of some of the statutory and non-statutory safeguards which apply to criminal proceedings... [I] n deciding whether it would be fair to admit the hearsay evidence, the requirements both of Article 6 and of the common law obliged the FTPP to take into account the absence of all those [safeguards]... [I] n my judgment, no reasonable panel in the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing against the admission of the hearsay evidence... The means by which the claimant can challenge the hearsay evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguards.

In some instances the procedural safeguards consist of limits on the circumstances in which information may be disclosed, in others the safeguards consist of limits on what information may be disclosed, and in other cases we require some form of legal process (e.g., a warrant or subpoena) prior to release of health information.

The possession proceedings had not afforded the applicant sufficient procedural safeguards with which to ensure that the possession order was a proportionate response to a legitimate aim and, thus, necessary in a democratic society.

«This latter appropriation of the client's right to terminate the relationship «at will» meant the Lawyer effectively bypassed the procedural safeguards that apply to counsel of record established in the Family Law Court Rules, which protect the client and safeguard the process.