Sentences with phrase «with by the civil courts»

Such claims are dealt with by the Civil Courts and a person would be entitled to READ MORE

Not exact matches

(1) Any customer who enters into a contract with an invention promoter and who is found by a court to have been injured by any material false or fraudulent statement or representation, or any omission of material fact, by that invention promoter (any agent, employee, director, officer, partner, or independent contractor of such invention promoter), or by the failure of that invention promoter to disclose such information as required under subsection (a), may recover in a civil action against the invention promoter (or the officers, directors, or partners of such invention promoter), in addition to reasonable costs and attorneys» fees --

The Enrollment Program also authorizes a superior court to have jurisdiction over enrollees by allowing it to «appoint a receiver, monitor, conservator, or other designated fiduciary or officer of the court for a defendant or the defendant's assets,» as well as authorizes the Commissioner of Business Oversight to «include in civil actions claims for ancillary relief, including restitution and disgorgement, on behalf of a person injured, as well as attorney's fees and costs, and civil penalties of up to $ 25,000» for up to four years after the purported violation occurred and «refer evidence regarding violations of the bill's provisions to the Attorney General, the Financial Crimes Enforcement Network of the United States Department of the Treasury, or the district attorney of the county in which the violation occurred, who would be authorized, with or without this type of a reference, to institute appropriate proceedings.»

On March 26, a group of New York — based lawyers headed by Edward D. Fagan, who spearheaded successful suits on behalf of Holocaust survivors against European firms that collaborated with the Nazis in using concentration camp inmates as laborers, filed suit in U.S. District Court in Brooklyn against FleetBoston Financial, the insurance giant Aetna, and railroad conglomerate CSX Corporation, on the grounds that these corporations are the successors of companies that profited from slavery before the Civil War.

«The attack on the character of Associate U.S. Supreme Court Justice Clarence Thomas by militant white feminists, in books and newspaper articles, should not be ignored by anyone concerned with the misuse of the Black American Civil Rights Movement.

And in an Indian situation where baptism is the legal mark of change of one religious community to another, each with its own civil codes recognized by the Courts, communalisation of church life is imposed by Law and perverts the meaning of baptism as sacrament of faith.

UEFA have since rejected numerous attempts by the club to regain their place via the Swiss civil court in the Canton of Vaud, insisting the CAS is the only authority with jurisdiction over the matter.

Ultimately, if a parent continues to be dissatisfied with the plan as implemented by the school district, s / he can seek redress with the Office of Civil Rights (U.S. Department of Education), and beyond that, with the federal courts.

Although title VII of the Civil Rights Act of 1964, as so amended, applies with respect to «pregnancy, childbirth, or related medical conditions», a few courts have failed to reach the conclusion that breastfeeding and expressing breast milk in the workplace are covered by such title.

And it doesn't get more damning for civil society architecture — herding justices of the courts (including the Supreme Court) into detention, with alleged smoking guns, after a sting operation, by the secret police.

The state's highest court will decide whether to make NYPD disciplinary records public in a case filed by the New York Civil Liberties Union with the support of multiple news organizations.

If a new report truly is a false statement of fact that causes harm to someone's reputation, and if the news reporter has no actual factual basis for the factual claim, the First Amendment does permit the courts to impose both civil and criminal liability for the false statements, with civil suits brought by someone who is harmed and criminal liability enforced by the government.

A seventh alleged victim, whose case is being handled by a different law firm from the other six defendants, planned to sue in U.S. District court, claiming civil rights violations, according to people familiar with that case.

For example, an instance of minor neighbourly dispute that currently involves the police and the civil courts could better be handled by a proliferation of the future resolution service, working in conjunction with local authorities.

The sureties must be civil servants not below grade level 14 and resident in Abuja with traceable addresses to be verified by the court or the EFCC.

This report will show clearly the dangers being courted by Buhari's attitude, as well as the need to quickly fill the remaining six slots that would empower INEC with the full complement of its Board as stipulated by the Constitution — over 20 states of the federation do not have RECs as at today, thereby opening the Commission to the mercy of malleable civil servants.

With no other nominees, Ta Tanisha James is elected Democratic Nominee for Civil Court Judge by acclamation.

Kiarre Harris, whose children were removed from her custody by a Family Court judge, has filed civil rights complaints with both the U.S. Department of Justice and the U.S. Department of Education, alleging that bo...

Kiarre Harris, whose children were removed from her custody by a Family Court judge, has filed civil rights complaints with both the U.S. Department of Justice and the U.S. Department of Education, alleging that both the school district and Erie County Child Protective Services discriminated against her because she is black.

The state's highest court will decide whether to make NYPD disciplinary records public in a case filed by the New York Civil Liberties Union with the support of news organizations including The New York Post.

The convict, who was brought before the court by the Nigeria Security and Civil Defence Corps, was charged with one count of having incestuous relationship with his daughter.

Based on a long line of court decisions and guidance handed down by the federal Office for Civil Rights, which administers both nondiscrimination statutes — the Americans with Disabilities Act and Section 504 — a court would most likely defer to educational experts, uphold standards supported by evidence of the SAT's validity, reliability, and technical underpinnings, and find flagging not to be unlawful discrimination.

High expectations for students with unique needs An important case being heard by the U.S. Supreme Court on Jan 11, Endrew F. v. Douglas County School District, is being supported by civil rights groups and school choice advocates alike.

Just as importantly, eight decades of court rulings — driven by the courtroom work of civil rights activists and school funding equity advocates — also provides reformers with the legal arguments necessary to challenge tenure laws and other policies that impede the constitutional obligation of states to provide children with high - quality education.

Darleen Mipro, 39, was charged with criminal trespassing and disturbing the peace on Nov. 30, when she says school officials called the police and told her she was being fired for misconduct, according to a complaint filed by her attorney in Orleans Parish Civil District Court.

Given the dissatisfaction among civil rights groups with the efforts by both the administration and congressional leaders to eviscerate No Child's accountability provisions, the unwillingness of the administration to back away from the effort, and the successful court challenges launched by those opposing implementation of the Affordable Health Care Act, it is quite likely that reformers on both sides of the ideological line will take Obama and Duncan to court.

«(b) AUTHORITY - Each United States district court shall authorize, by local rule adopted under section 2071 (a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654.

(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.

Nor shall anything herein be construed to deprive courts of their power, by civil contempt proceedings, without a jury, to secure compliance with or to prevent obstruction of, as distinguished from punishment for violations of, any lawful writ, process, order, rule, decree, or command of the court in accordance with the prevailing usages of law and equity, including the power of detention.

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such preventive relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

(a) Whenever the Attorney General has reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any of the rights secured by this title, and that the pattern or practice is of such a nature and is intended to deny the full exercise of the rights herein described, the Attorney General may bring a civil action in the appropriate district court of the United States by filing with it a complaint (1) signed by him (or in his absence the Acting Attorney General), (2) setting forth facts pertaining to such pattern or practice, and (3) requesting such relief, including an application for a permanent or temporary injunction, restraining order or other order against the person or persons responsible for such pattern or practice, as he deems necessary to insure the full enjoyment of the rights herein described.

«If children for some reason are allowed to live with third persons, their parents may demand them back by civil action in a court of law, but the court must take into account only the interests of the children and their education.

O. Any final and definitive decision of an administrative law judge, or in the case such decision is appealed, a final and definitive judgment of an appellate court, issued in connection with any hearing held pursuant to this Chapter and the Administrative Procedure Act shall be considered a valid and final judgment that may be made executory by the commissioner in accordance with the Code of Civil Procedure.

Proceedings conducted by the Student Judicial Committee are completely independent of any civil or criminal proceeding and may occur simultaneously with such court action.

(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; [the courts have construed this exemption to apply only to documents that are normally privileged in the civil discovery context]

In reality, if such standards are not developed cooperatively and with foresight, they will be imposed ex post facto by human rights tribunals and courts adjudicating specific complaints and civil suits.

Courts already are wrestling with the challenges presented in general by electronic evidence, which has become almost ubiquitous in both civil and criminal cases.

It follows that the issue then becomes whether the exemptions under the Court Rules Act can be interpreted so that they are consistent with the common law right of access to civil justice, which is preserved, as the Attorney General submits, by the Court Rules Act.

The US plans to impose tight quotas on the judges who hear them are ill thought out — likely by civil servants with little or no understanding of the practical challenges of working in immigration appeal and court work.

[42] I told Mr. Elkin that the question I had raised concerned compliance or lack of compliance with the order made by Stinson J. I told him that the Supreme Court of Canada has said that the civil justice system in Canada is broken and that more intensive Trial Management is one of the mechanisms being implemented to try to repair the system.

If by the constitution, every Canadian civil court must hear only cases that present a real and substantial connection with the court, then it should be safe to recognize the judgments of that court elsewhere in the country.

These are that: (i) the jurisdiction is to be invoked and exercised exceptionally and with great caution; (ii) there must certainly be something more than mere infringement of the criminal law before the assistance of civil proceedings can be invoked and accorded for the protection or promotion of the interests of the inhabitants of the area; (iii) the essential foundation for the exercise of the court's discretion to grant an injunction is not that the off ender is deliberately and flagrantly flouting the law, but the need to draw the inference that the defendant's unlawful operations will continue unless and until effectively restrained by the law and that nothing short of an injunction will be eff ective to restrain them.

State immunity would have been enough on its own to dispose of the injunction, but the court also dealt with the important jurisdictional issues raised by ETI's reliance on Civil Jurisdiction and Judgments Act 1982, s 25 as the basis for the court's jurisdiction

On May 31st the Newfoundland and Labrador Court of Appeal issued a judgement with a number of broad statements about the proportionality principle and how it ought to be applied by courts in crafting discretionary orders under civil rules.

A decision released yesterday by the Ontario Superior Court of Justice's Divisional Court has overturned a Superior Court ruling that limited when civil lawyers can share compelled medical records and other personal information with defence counsel in the same case.

or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT with equal opportunity and equal right so as to restore total accountability, which will be similar to DRT (Debt Recovery Tribunal of INDIA)(B)- Considering the Heavy loss and Damages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector due to Negligence, Violation of Contract & Non-Banking Activities etc. of Bank Officials and Policy Maker & need 100 % Weaver of all type of Bank loan liabilities to minimize their heavy loss and damages to certain extent under LIMITATION ACT (C)- The system of keeping mortgage of Land & Properties from the Owner of Industries by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption, & Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished as a part of reform programs at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or in other Loan Giving Agencies upto root Levels (D)-- All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court abolishing SECTIONS 12, 12 (khan) 18 (2) & (3) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT -2003 for the end of Justice.

Contrary to most European civil law systems, clients of solicitors and barristers in England and Wales are protected by a fundamental right to withhold confidential communications with their lawyer from the court, as an exception to onerous obligations of disclosure not seen in civil law jurisdictions.

Two questions arose: (i) whether s 204 contained an express requirement under which the county court was required by an enactment to make a decision applying the principles that were applied by the court on an application for judicial review, thus placing s 204 appeals within the public law category; and (ii) if not, whether there were any other reasons requiring the application of judicial review principles with the result that s 204 appeals fell within the post-LASPO 2012 civil legal aid regime.

Many civil and criminal matters are dealt with at first instance by state trial courts.