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"ex parte" Definitions
  1. on or from one side or party only
  2. from a one-sided or partisan point of view

865 Sentences With "ex parte"

How to use ex parte in a sentence? Find typical usage patterns (collocations)/phrases/context for "ex parte" and check conjugation/comparative form for "ex parte". Mastering all the usages of "ex parte" from sentence examples published by news publications.

These facts can only be filed ex parte because they are classified.
In Endo's case — Ex parte Mitsuye Endo — the court unanimously ruled on Dec.
Temporary, ex parte orders already are issued for domestic violence cases, for instance.
"We are aware of, and expected, the Court's ex parte order today," a representative said.
The Supreme Court actually ruled on this matter in the 1866 case of Ex parte Garland.
The order was brought ex parte, which meant that Van Vuuren had no opportunity to refute it.
Temporary, or ex-parte, orders are often the first step in the domestic violence protective order process.
The Supreme Court actually ruled on the pardon power in the 1866 case of Ex parte Garland.
"We are aware of, and expected, the Court's ex parte order today," wrote a Coinbase spokesperson on Reddit.
Such laws often allow a judge to issue an order of confiscation "ex parte", meaning without you present.
Details: The ex parte filing presents Huawei as a company looking to compromise, but thwarted by an uncooperative FCC.
It had become routine for guardians in Clark County to petition for temporary guardianship on an ex-parte basis.
Its next move is to begin sending requests for ex parte reexaminations to the United States Patent and Trademark Office.
Most of its work is done "ex parte," or behind closed doors, in order to protect classified national security information.
While Eichenwald has yet to file criminal charges, the civil suit was sufficient for an ex parte order from the district judge.
The evidence was submitted in an ex parte filing on Thursday, which included a deposition from an incident response engineer at Twitch.
As my colleague Dylan Matthews reports: The Supreme Court actually ruled on this matter in the 1866 case of Ex parte Garland.
What we have been able to glean from ex parte filings, inferences, innuendo and hearsay cannot, and should not, pass for regulatory transparency.
Ex Parte Quirin has now joined the mainstream of legal doctrine despite almost a half-century of neglect and a problematic legal pedigree.
The lawyer further requested that the details of that immunity deal be provided as a sealed, "ex parte" document, concealing them from the public.
Though this may seem damning to Trump's proposal, Ex Parte Quirin, a 1942 case dealing with Roosevelt's trial of the German saboteurs, suggests otherwise.
Many of the hearings about the global key happened on an ex parte basis, meaning that the defense counsel were not allowed to attend.
"The internet industry is uniform in its belief that net neutrality preserves the consumer experience, competition, and innovation online," IA wrote in their ex parte.
When a confiscation order is issued "ex parte" (without the subject person present or even informed), due process is but one of many serious issues.
In January, Messer sought an ex parte order in bankruptcy court to issue subpoenas to both models, as well as Bella Hadid and Hailey Baldwin.
Judge Berman initially said the affidavits could be filed under seal and ex parte, meaning the government would also not be able to see them.
Volokh said he could understand why a trial court colleague might sympathize with Justice Goodson, but Judge Martin's ex parte order was not the right reaction.
They presented evidence of dozens of secret communications between the prosecutors and judge, known as ex parte contacts, that had never been disclosed to the defense.
We would not object to the hearing being postponed and moved because — and we request that the Court vacate the order that was entered ex parte.
If the Court will recall, in the order — in the ex parte application the Government represented that the assistance sought could only be provided by Apple.
In Ex Parte Grossman, a 1925 case, the Supreme Court carved out a narrow exception to the president's broad power to issue pardons for federal offenses.
"The Seventh Circuit cleared the courtroom after the public argument and then allowed only government attorneys back in for the classified, ex parte session," he said.
This plan was then challenged in the case Ex Parte McCardle, and Congress worried that the Supreme Court would find this key pillar of Reconstruction illegal.
"Ex parte re-exams have become relatively rare," says Brian Love, co-director of the High Tech Law Institute at the Santa Clara University School of Law.
Parks had filed an emergency ex-parte petition, which provides an exception to the rule that both parties must be notified of any argument before a judge.
An order directing a company not to inform its customer is issued "ex parte," which means that only the prosecutors and judges are involved in the procedure.
DoJ attorneys have also asked to submit a filing ex parte and in camera, meaning that only the judge would be presented with evidence under the motion.
" In a separate statement, Mr. Carter said, "The Law Department will review the process to ensure that ex parte orders are only sought in cases of appropriate urgency.
According to Mohr, the court denied his ex parte requests and he and his wife "attempted to address the concerns set forth" in the July 19, 2016 declaration.
In addition, the DTSA enhances remedies available to victims — in particular by providing for ex parte seizure orders under appropriate circumstances to limit further disclosure of the trade secrets.
As part of the team prosecuting Julius and Ethel Rosenberg for espionage, he made ex parte phone calls to the judge urging that the couple be sentenced to death.
And the reality is that red flag court proceedings are "ex parte" -- only the judge and the person seeking the order are present, but not the subject of the order.
The Democrats are asking the FCC to produce documents about a potential public comment period and questioning whether the agency is investigating T-Mobile's compliance with its "ex-parte" rules.
A private arbitration judge approved the request for an "ex-parte application for emergency relief," which meant that neither Daniels nor her attorney had to be notified about the proceedings.
Her lawyer said that the judgment seen by VICE News and Type was actually the second time she had been declared a foreigner in an ex-parte order within two months.
As I've previously reported, the Justice Department had brought an ex parte motion to force Apple to help investigators break into a phone belonging to Jun Feng, a suspected drug dealer.
The request to issue the new group of subpoenas was made on Friday, Messer confirmed to PEOPLE, though he had no comment on if the ex parte order had been granted.
Rouleau even admitted to the judge, during one ex parte hearing, that his own phone would be vulnerable to the type of intrusion the RCMP used on the targets of the investigation.
Some skeptics might point to Ex Parte Milligan, a civil war era case where the Supreme Court decided that military courts did not have jurisdiction over US citizens if civilian courts were open.
Of particular concern to Gan is that the government could make an ex-parte application to the courts over alleged offenses -- which means offenders would not be present or able to defend themselves.
Vedanta said among its concerns were that ZCCM-IH was not a major creditor of KCM and that since the order was granted ex-parte, the company was not able to present its case.
China's Huawei has responded again to actions from the Federal Communications Commission, releasing an ex parte memo further laying out its response to the commission's efforts to block its equipment on national security grounds.
A spokesperson for the national Ministry of Home Affairs asserted that Foreigners Tribunals provide "adequate opportunity" to accused individuals, and ex-parte orders are issued only if the individuals do not access these opportunities.
"The rule is invalid because undisclosed ex parte communications with environmental groups formed the basis of agency action," the group wrote in its brief to the Court of Appeals for the District of Columbia Circuit.
One area that has been adjusted, Mr. Bratton said, involved what are known as the law's ex parte elements, which allow for fast action by the police after judicial review but before residents have been informed.
In 2004, a doubtful World War II-era precedent, Ex Parte Quirin, which involved the detention, trial and execution of German saboteurs, was relied on by the Supreme Court to justify the detention of unlawful combatants.
" The agreement is explicit that Trump is entitled to "immediately obtain, either from the Arbitrator and/or from any other court of competent jurisdiction, an ex parte issuance of a restraining order … without advance notice to [Daniels].
Attorneys representing VICE News had objected to the government's filing of a classified declaration last March, saying the government failed to ask the court's permission to file the "ex parte" declaration and provide advance notice to them.
Before that temporary "ex parte" order expires, the court will set a hearing to consider a "final order," which can result in a person being barred from owning or buying a gun for up to a year.
Generally, there are two kinds of civil protective orders, though what they're called varies in each state: an emergency or temporary restraining order (sometimes called an "ex parte temporary protective order") and a final or permanent restraining order.
Moreover, proceedings before the Foreign Intelligence Surveillance Court (FISC)—which is responsible for ruling on applications for FISA orders—are ex parte, meaning that unlike most court proceedings, the government is the only party present for the proceedings.
Unlike an investigation of a particular individual who can challenge a summons, the I.R.S. goes into court unopposed and the judge considers only the application and any information provided to support the request, known as an ex parte proceeding.
Walton ordered the "ex parte" exchange even though the answers the judge would get from it would likely be unsatisfying, apparently because the Justice Department does not believe it is obligated to explain its decision-making to the judge.
"I explained that I had filed an ex parte reexamination on my own and Waymo had had it for two weeks already and it didn't seem fair that Uber didn't have it, given it was going to trial," explains Swildens.
"It is hereby ordered that the ex-parte order to stay some of the powers of the provisional liquidator dated June 26, 2019, be and is hereby vacated forthwith," the Zambian High Court said in a ruling seen by Reuters.
When asked about the ex-parte decisions, a tribunal member who spoke on the condition of anonymity blamed the high number on people who live on islands moving homes often due to flooding and not updating their addresses on records.
The phone in San Bernardino was in the hands of investigators for two months before the government appeared in an ex parte (one-sided) proceeding and claimed the need to force Apple to create dangerous new code to assist its investigation.
" James Rich, the editor in chief of The Daily News, stood by the article when contacted for a response to Mr. Bratton's comments and noted the commissioner's statements about the department's changing the application of the law's ex parte elements "very quickly.
"It is apparent that Defendants' Application is a cynical attempt, on an ex parte basis, to shift responsibility to the Judiciary for over 20 years of Congressional inaction and ill-considered Executive action that have led to the current stalemate," Gee wrote.
Cline, who worked on the appeal of a defendant who almost got FISA review, Adel Daoud, said the appeals court judges booted him and the other defense lawyers out of the courtroom for a similar ex parte hearing in that case too.
On July 17, Elvira's attorneys filed a motion to strike the letter from the record as an unlawful ex parte communication until a hearing could be arranged and the attorneys could have the opportunity to cross-examine Schneider as to his claimed financial woes.
" Moxley added, "The confidential peer review revealed several instances of ethical concerns, including candor with the court, evidence of overbilling of clients and billing practices criticized by courts, an improper ex parte communication with a court, and improper contact with adverse parties in litigation.
"The rule is invalid because undisclosed ex parte communications with environmental groups formed the basis of agency action," the group wrote to the court in its brief, which it filed with the anticipation that the court would allow the brief to be part of the proceedings.
"The low percentage of women attorneys appearing in a speaking role in courts was found at every level and in every type of court: upstate and downstate, federal and state, trial and appellate, criminal and civil, ex parte applications and multiparty matters," according to the report.
For example, pricing for a 15-minute call is $24.95 from Arkansas County Jail via Securus, and $17.77 from the Douglas County jail in Oregon via Global Tel*Link, reports Prison Policy Initiative, which filed an ex-parte submission with the FCC, publicly making available the call prices.
"Vedanta has serious concerns about the intentions of the applicants and the procedures that were followed by ZCCM-IH as a representative of government to obtain a provisional liquidation order on an ex parte basis against KCM in an apparent misuse of the legal process to date," it said.
"We have to be on the lookout for whether or not Trump tries to have folks set up inside [the Department of Defense] or elsewhere — what I would describe as ex parte intelligence operations," said Patrick Eddington, a homeland security analyst at the Cato Institute and former CIA analyst.
In addition, unlike the use of other intrusive investigative techniques (such as wiretaps under Title III and traditional criminal search warrants) that are granted in ex parte hearings but can potentially be subject to later court challenge, FISA orders have not been subject to scrutiny through subsequent adversarial proceedings.
Read more: Parents who are accused of abandoning an 8-year-old Ukrainian girl they adopted say she was actually a 22-year-old mentally disturbed adultTroemel said the girl was omitted from participating in due process in the age-changing case because the Barnetts filed an ex-parte petition.
To ensure that companies do not use seizure authority for anticompetitive purposes, our legislation requires those seeking redress to make a rigorous showing that they owned the trade secret, that the trade secret was stolen, and that third parties would not be harmed if an ex parte order were granted.
"Vedanta has serious concerns about the intentions of the applicants and the procedures that were followed by ZCCM-IH as a representative of government to obtain a provisional liquidation order on an ex parte basis against KCM in an apparent misuse of the legal process to date," the company said in a statement.
The fact that it's an ex parte proceeding -- that in nearly all cases, only the government is present -- means that the government and the FISC all go to extra lengths to make sure that an application is reviewed in a fair and neutral way to try to eliminate any impropriety or bias.
Here's the full first paragraph of the majority opinion: "The question for this Court, distilled to its essential form, is whether the Constitution, as the Supreme Court declared in Ex parte Milligan, 71 US (4 Wall.) 2, 120 (1866), remains "a law for rulers and people, equally in war and in peace.
Since Atkins leaves it up to the states to decide who counts as intellectually disabled, Ms Johnson noted, and since the Texas legislature had not weighed in, the rule in the Lone Star state should be traced back to a 1992 standard the court had relied upon in Ex Parte Briseño, a 2004 ruling.
On Monday, a judge granted an ex parte order in favor of Fyre Festival trustee Gregory Messer — who is overseeing the bankruptcy of Fyre Media — to issue subpoenas to many celebrities who appeared in a buzzy promotional video shot in the Bahamas or shared Instagram posts positively advertising the festival, the Daily Mail reported.
First, the firm said, the judge failed to disclose important ex parte discussions - including a 2018 conversation about a federal criminal probe of law firm payments to pension fund officials - with the special master he appointed in 2017 to investigate possible improprieties in class counsel's billing records in a $300 million class action settlement with State Street.
" In July, another federal judge refused to let the Trump administration off the hook, calling the government's attempt to free itself of the obligations of Flores to be "a cynical attempt, on an ex parte basis, to shift responsibility to the judiciary for over 20 years of congressional inaction and ill-considered executive action that have led to the current stalemate.
On Monday, a judge granted an ex parte order in favor of Fyre Festival trustee Gregory Messer — who is overseeing the bankruptcy of Fyre Media — to issue subpoenas to many celebrities, including Kendall Jenner, Bella Hadid, Hailey Baldwin and Emily Ratajkowski, who appeared in a buzzy promotional video shot in the Bahamas or shared Instagram posts positively advertising the festival, the Daily Mail reported.
As set forth in the accompanying Ex  Parte Application, direct evidence confirms that Defendant Gourley – while still an employee of  Quid – repeatedly downloaded from Quid's computer network a complete Google data archive of  his entire "Google Suite" of Quid accessible computer data including both his email and Google  drive, amounting to over 100,000 separate highly proprietary items at Quid, including source code  Thereafter, direct evidence also demonstrates that, during and subsequent to his Quid  employment, Defendant Gourley with the active assistance of the other Individual Defendants used his Quid email address for the purpose of soliciting and diverting business opportunities intended  for Quid to his new directly competing entity thereby enabling Primer to receive funding and  customers otherwise intended for Quid's benefit.
Ex parte Tandy, p. 749. The case of Tandy was applied in R. v. Birmingham City Council, ex parte Mohammed (1998),R. v. Birmingham County Council, ex parte Mohammed [1999] 1 W.L.R. 33, H.C. (Q.
After More, the Marshall Court heard six appeals from the D.C. circuit court via original habeas.Ex parte Burford, 7 U.S. (3 Cranch) 448 (1806); Ex parte Bollman, 8 U.S. (4 Cranch) 75 (1807); Ex parte Kearney, 20 U.S. (7 Wheat.) 38 (1822); Ex parte Watkins, 28 U.S. (3 Pet.) 193 (1830); Ex parte Watkins, 32 U.S. (7 Pet.) 568 (1833); Ex parte Milburn, 34 U.S. (9 Pet.) 704 (1835).
The principles applicable to judicial presumption of death have been reviewed in detail by the higher courts.Re Beaglehole, Ex parte Engelbrecht, Ex parte Rungsamy, Ex parte Govender, Ex parte Pieters and Ex parte Stoter. Beneficiaries must be alive at the time of the testator's death, unless the testator makes provision for the benefit of persons born later. Death is proved by reporting the death to the Master and obtaining a death certificate signed by a medical practitioner.
This alternative holding was overruled by Collins v. Youngblood (1990). ;Grand Jury Clause In Ex parte Wilson (1885)Ex parte Wilson, 114 U.S. 417 (1885). and United States v.
While the method was patented, a US patent ex-parte reexamination certificate was issued in 2010 canceling all claims.USPTO ex-parte reexamination certificate (7428th), issued on March 30, 2010.
The court was of the opinion that what was done by that court was within its jurisdiction. That the question thus raised by the prisoner was one which it was competent to decide, which it was bound to decide, and that its decision was the exercise of jurisdiction. Ex Parte Watkins, 3 Pet. 202; Ex Parte Parks, 93 U. S. 23; Ex Parte Yarbrough, 110 U. S. 653; Ex Parte Crouch, 112 U. S. 178.
Under the categorical approach advocated by ex parte Coughlan, for a substantive legitimate expectation to be protected it had to fit into either category (a) or (c).Leyland & Anthony, p. 325. However, classifying substantive legitimate expectations into distinct categories is difficult in cases where there are overlaps, leading Lord Justice Laws to suggest in ex parte Begbie that the categories mentioned in ex parte Coughlan are not "hermetically sealed".Ex parte Begbie, p. 1130.
Ex parte Ostler, pp. 128–130 and 133. As Lord Justice of Appeal Michael Mann explained in R v Cornwall County Council, ex parte Huntington (1992):R v Cornwall County Council, ex parte Huntington [1992] 3 All E.R. 566 at 575, Divisional Court (England and Wales), cited with approval by Lord Justice of Appeal Simon Brown in R v Cornwall County Council, ex parte Huntington [1994] 1 All E.R. 694 at 698, C.A. (England and Wales).
See Ex parte Taylor, 55 U.S. (14 How.) 3 (1852). Between 1867Act of Feb. 5, 1867, 14 Stat. 385. See Ex parte McCardle, 73 U.S. (6 Wall.) 318 (1867). and 1868,Act of Mar. 27, 1868, 15 Stat. 44. See Ex parte McCardle, 74 U.S. (7 Wall.) 506 (1869). and after 1885,Act of Mar.
Port of London Authority, ex parte Kynoch, Ltd. (1918),R. v. Port of London Authority, ex parte Kynoch, Ltd. [1919] 1 K.B. 176, Court of Appeal (England and Wales). the Court of Appeal of England and Wales held that:Ex parte Kynoch, p. 184. The House of Lords agreed with ex parte Kynoch in British Oxygen Co. Ltd.
Chief Justice Salmon P. Chase The Chase Court (1864-1873) issued thirty-five opinions in criminal cases over nine years, at a significantly higher rate than the Marshall Court or Taney Court before it. Notable such cases include Ex parte Milligan (1866), Pervear v. Massachusetts (1866), Ex parte McCardle (1867, 1869), Ex parte Yerger (1868), and United States v. Kirby (1868).
Ex parte Henning is an important case in South African insolvency law.
Ex parte Jackson, 96 U.S. 727 (1878), was a United States Supreme Court ex parte decision.. The case decided that the United States Post Office may open and inspect mail to limit the transmission of circulars on lotteries.
Ministry of Agriculture, Fisheries and Food, ex parte Hamble (Off-shore) Fisheries Ltd.R. v. Ministry of Agriculture, Fisheries and Food, ex parte Hamble (Off-shore) Fisheries Ltd. [1995] 2 All E.R. 714, High Court (Queen's Bench) (England & Wales).
In R. v. Secretary of State for Education and Employment, ex parte Begbie (1999), he suggested that the Coughlan categories are not "hermetically sealed",Ex parte Begbie, p. 1130.Leyland & Anthony, pp. 322–323. and in Nadarajah v.
The Court then considered a line of English cases where the application was dismissed for a lack of standing. In R. v. Legal Aid Board, ex parte Hardiman,R. v. Legal Aid Board, ex parte Hardiman (CO/3193/95).
Ex parte Gordon, 66 U.S. (1 Black) 503 (1861) (admiralty writ of prohibition).
Where the will is to be altered or varied out of necessity, see Ex Parte Douallier. Where the will is to be altered or varied because the manner of execution is not possible or would result in serious loss, see Ex Parte Dittmarn.
And, in United States v. Waddell (1884), the Court upheld a criminal civil rights law as applied to the rights of Homesteaders.United States v. Waddell, 112 U.S. 76 (1884). In Ex parte Virginia (1880)Ex parte Virginia, 100 U.S. (10 Otto) 339 (1880).
"Ex Parte No. 184", p. 13. Earlier in the morning, the train was stopped outside of Kingston, Rhode Island, because the brakes on the final two cars were "sticking" and could not be released from the locomotive."Ex Parte No. 184", p. 11.
The arrest of former Congressman Clement Vallandigham (D-OH) The Marshall Court had heard six original habeas petitions in criminal matters, all involving the United States Circuit Court of the District of Columbia. Its precedents established that the Court could grant the writ in pre-conviction situations,; Ex parte Burford, . but could not grant the writ in post-conviction situations,Ex parte Watkins, ; Ex parte Kearney, . unless the sentence of conviction had run.
633, para. 12. In support of this rule, it cited Lord Denning, the Master of the Rolls, in R. v. Greater London Council, ex parte Blackburn (1976):R. v. Greater London Council, ex parte Blackburn [1976] 1 W.L.R. 550 at 559, C.A. (England & Wales).
USA Today. Published October 7, 2014. Accessed December 14, 2015. The courts ruled Middle Easterners as not white in the following cases: In re Halladjian (1909), Ex parte Shahid (1913), Ex Parte Dow (1914), In re Dow (1914), and In re Ahmed Hassan (1942).
United States (1886), the Court held that an authorized sentence of two years imprisonment (even without hard labor) was sufficiently infamous to require a grand jury.Mackin v. United States, 117 U.S. 348 (1886). In Ex parte Bain (1887)Ex parte Bain, 121 U.S. 1 (1887).
Sussex Justices, ex parte McCarthy [1924] 1 K.B. 256, High Court (Divisional Court) (England and Wales). the court said that "justice should not only be done, but should manifestly and undoubtedly be seen to be done".Ex parte McCarthy, p. 259. The case of R. v.
In Australian law ex parte is used in two senses. The predominant use is to refer to an ex parte hearing, being one which is heard in the absence of one or more parties. Where proceedings are heard ex parte, a high degree of candour is required, including full and fair disclosure of facts adverse to the moving party. A failure to make such disclosure is ordinarily sufficient to warrant discharge of such order as might be made.
Liverpool City Justices, ex parte Topping [1983] 1 W.L.R. 119 at 123, H.C. (Q.B.) (England and Wales).
Ex parte Watkins, . The Taney Court heard seven additional such petitions. In Ex parte Wells (1855), over the dissents of Judges Curtis and Campbell, the Court affirmed the holding of the Marshall Court that original habeas petitions were a constitutionally permissible exercise of the Court's appellate jurisdiction.Ex parte Wells, .
Judiciary Act of 1793, § 3, 1 Stat. 333, 334. In Ex parte Bollman (1807), the Court explained that its jurisdiction in Hamilton could only have been exercised via original habeas under § 14 of the Judiciary Act of 1789.Ex parte Bollman, 8 U.S. (4 Cranch) 75, 100-01 (1807).
9 (2001). Ex parte Young allows state officials to be sued for injunctive relief when violating federal law.
Ex parte Bain, 121 U.S. 1 (1887), was a United States Supreme Court case involving grand jury indictments.
The courts, however, will not grant the ex parte seizure unless # the applicant knows where the goods to be seized are located # the ex parte seizure will show that there was in fact trademark infringement # an ex parte seizure is the only order that is adequate # the applicant specifies the time period the seizure will occur within a limited time frame # the seizure is not publicized # the harm to the trademark holder is greater than the harm to the counterfeiter # immediate harm will occur without the seizure to the trademark holder and # the person obtaining the order provides security to cover the damages the adverse party may suffer due to the ex parte seizure.
The idea is that ex parte orders must be used in a "wrecking ball" type of situation, where giving advance notice to a respondent would allow him or her to cause irreversible damage before the notice takes effect. Stark and Choplin argued that such damage would be possible if ex parte orders were not used for restraining orders, and that the very fact of an order being issued might increase the chance of the respondent causing damage. The phrase has also traditionally been used in the captions of petitions for the writ of habeas corpus, which were (and in some jurisdictions, still are) styled as "Ex parte Doe," where Doe was the name of the petitioner who was alleged to be wrongfully held. As the Supreme Court's description of nineteenth century practice in Ex parte Milligan shows, however, such proceedings were not ex parte in any significant sense.
The difference between an ex-parte divorce and a bilateral is critical to determining whether a divorce granted by state A (e.g. Nevada) can be collaterally attacked as invalid in state B (e.g. North Carolina). Where divorce is ex-parte, only one party to marriage appears in the divorcing court.
R v Sussex Justices, ex parte McCarthy [1924] 1 KB 256 at 259, High Court (King's Bench) (England & Wales).
107, para. 74. A drawing of Lady Justice. In R. v. Sussex Justices, ex parte McCarthy (1923),R. v.
One of the most powerful provisions under the Trademark Act of 1984 is that of ex parte seizure. Under this part of the act, an aggrieved party may seize the counterfeit goods, business documents, and machines used that the counterfeiter has without notice to the counterfeiter. The section on ex parte seizure amends the Lanham Act, creating stronger remedies in civil cases involving the intentional use of counterfeit trademarks. Trademark registrants may apply for an ex parte seizure through the courts without notifying the counterfeiting party.
Chief Metropolitan Stipendiary, ex parte Choudhury (1990)R. v. Chief Metropolitan Stipendiary Magistrate, ex parte Choudhury [1991] 1 Q.B. 429, High Court (Queen's Bench) (England and Wales). as "encouraging the violent overthrow of democratic institutions".. In the important common law jurisdictions, "seditious libel means defiance or censure of constituted authority leading to foreseeable harm to public order",. and the Court in ex parte Choudhury clarified that constituted authority refers to "some person or body holding public office or discharging some public function of the state".
Inland Revenue Commissioners, ex parte M.F.K. Underwriting Agents Ltd. (1989):R. v. Inland Revenue Commissioners, ex parte M.F.K. Underwriting Agents Ltd. (1989) [1990] 1 W.L.R. 1545 at 1569–1570, High Court (Queen's Bench) (England & Wales), cited in Ex parte Coughlan, p. 247, para. 72. As a result, the court's role should not be limited to reviewing such cases on the classic Wednesbury ground of review because to limit the review to the rationality of the decision would make the public authority the judge of its own decision.
Grand jury indictments may be amended by the prosecution only in limited circumstances. In Ex Parte Bain, , the Supreme Court held that the indictment could not be changed at all by the prosecution. United States v. Miller, partly reversed Ex parte Bain; now, an indictment's scope may be narrowed by the prosecution.
R. v. Kent Police Authority, ex parte Godden (1972)R. v. Kent Police Authority, ex parte Godden [1971] 2 Q.B. 662, Court of Appeal (England & Wales). is an instance of a United Kingdom case in which an order of prohibition was issued to avert action that would not have complied with administrative law rules.
Secretary of State for the Environment, ex parte Rose Theatre Trust Co. [1990] 1 Q.B. 504 at 519–520, High Court (Queen's Bench) (England & Wales); R. v. International Stock Exchange of the United Kingdom and the Republic of Ireland Ltd., ex parte Else (1982) Ltd. [1993] Q.B. 534 at 551, Court of Appeal (England & Wales).
On change in circumstances, and where the execution of the will is impossible or unreasonable, see Ex Parte Sidelsky. Incorrect assumptions by the testator in this context refer to those regarding his assets and liabilities.Ex Parte Naude. Where strict execution would result in the failure of the bequest or the frustration of the testator's intention, see Ex Parte McDonald.
Head Teacher of Fairfield Primary School, ex parte W, the action was denied as there would be "no practical benefit" to the applicant.R. v. Head Teacher of Fairfield Primary School ex parte W (CO/541/97). On the contrary, there are some English cases where the application was allowed to proceed despite a change in circumstances.
Other cases in which resources were held to be a relevant consideration include R. v. Norfolk County Council, ex parte Thorpe (1998),R. v. Norfolk County Council, ex parte Thorpe [1998] EWHC 107 (Admin.), High Court (England and Wales). where a road authority was allowed to consider resources in deciding whether or not to build a footpath; R. v.
Such interference with the public authority's discretion would be overstepping their role and exceeding their proper constitutional function. On the other hand, in Coughlan the Court of Appeal cited the following passage from R. v. Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd. (1990):R. v. Inland Revenue Commissioners, ex parte MFK Underwriting Agents Ltd.
The rule is vigorously enforced to protect the maxim enunciated by Lord Chief Justice Hewart in R. v. Sussex Justices, ex parte McCarthy (1923)R. v. Sussex Justices, ex parte McCarthy [1924] 1 K.B. 256, High Court (Divisional Court) (England and Wales). that "justice should not only be done, but should manifestly and undoubtedly be seen to be done".
Freedman, 2000, at 539 & n.19 (citing Act of Feb. 5, 1867, 14 Stat. 385). The current version of this statute is found at 28 U.S.C. § 2254. ;Ex parte Kearney In Ex parte Kearney (1822), the Court denied the writ to a prisoner who was imprisoned for criminal contempt.Ex parte Kearney, 20 U.S. (7 Wheat.) 38 (1822).
Ex Parte Quirin, 317 U. S. 1 (1942) He also supported the federal government's policy of relocating Japanese Americans into internment camps.
In Ex parte Yerger (1868), the Court held that the jurisdiction strip at issue in McCardle did not revoke the Court's authority to hear original habeas petitions under § 14 of the Judiciary Act of 1789.Ex parte Yerger, 75 U.S. (8 Wall.) 85 (1868). Other than Yerger, the Court only had one additional opportunity to hear such an original habeas case.
Re Australian Education Union & Australian Nursing Federation; ex parte Victoria.A writ of prohibition is one of the prerogative writs. In this usage ex parte means 'on the application of' rather than its other use as a case heard in the absence of a party. The order to show cause is a rule nisi, and if prohibition is granted, the rule is made absolute.
In Ex parte Bollman (1807) the Supreme Court rejected arguments by prosecutors to the effect that enlisting an army of men against the United States could amount to levying war before they actually assembled. Chief Justice Marshall held: "The mere enlisting of men, without assembling them, is not levying war."Ex parte Bollman (1807) 8 U.S. 75 (Cranch). From FindLaw.
Alabama (1883), United States v. Harris (1883), Ex parte Crow Dog (1883), Hurtado v. California (1884), Clawson v. United States (1885), Yick Wo v.
R v Secretary of State for the Home Department, ex parte Simms [1999] UKHL 33 is a UK constitutional law case, concerning parliamentary sovereignty.
Ex parte James (1803) 32 ER 385 is an insolvency and company law case, concerning conflicts of interest, and the absolute duty to avoid them.
R v Richards; Ex parte Fitzpatrick and Browne (1955) 92 CLR 157, was a legal case concerning the right of privilege of the Australian Parliament.
Anton Piller orders also constitute a common ex parte procedure in intellectual property related cases in some other countries, such as Canada, France, and Italy.
Marshall, p. 75 The controversial proceedings led to the landmark U.S. Supreme Court case known as Ex parte Milligan.Bodenhamer and Barrows, eds., pp. 444–45.
In its opinion, the balancing act employed in ex parte Coughlan should be left to the executive and falls beyond the province of the courts..
Order granting plaintiff's ex parte application for leave to take expedited discovery in part; severing Doe defendants from case; and ordering dismissal of their claims.
In Ex parte Clarke (1879), the Court held that a habeas petition filed with a single justice would be referred to the entire Court.Ex parte Clarke, 100 U.S. (10 Otto) 399 (1879). ;State confinement In Ex parte Royall (1886), for the first time, the Court was petitioned to grant an original writ of habeas corpus to a prisoner in state custody.Ex parte Royall, 117 U.S. 254 (1886).
The Court ruling stated: (IN CHAMBERS) Plaintiff's Ex Parte Application for TRO (DE [20]) by Judge R. Gary Klausner: The Court grants Plaintiff's Ex Parte Application for TRO. Defendant is enjoined from issuing the .Africa gTLD until the Court decides Plaintiff's Motion for Preliminary Injunction, scheduled for hearing on April 4, 2016. Upon review of the parties' arguments, the Court finds serious questions going to the merits.
In Ex Parte Crow Dog, the Supreme Court found that the federal government did not have jurisdiction to try the case. Crow Dog was ordered released, having made restitution under tribal law to Spotted Tail's family, as was considered acceptable within the tribe. In response to Ex Parte Crow Dog, Congress passed the Major Crimes Act in 1885.Major Crimes Act of 1835, Mar.
Chief Constable of Sussex, ex parte International Trader's Ferry Ltd (1999),. where a chief constable was permitted to consider resources in deciding how many police officers he should commit to an operation; and R. v. Barnet London Borough Council, ex parte G (FC) (2003),. where a public authority was allowed to consider resources in deciding whether or not to provide accommodation for a child.
At present, there are no Singapore cases on the issue. In the United Kingdom context, it has been suggested that distinguishing between duties and discretionary powers may prove useful in reconciling the cases on whether resources are a relevant consideration. As Lord Nicholls stated in Ex parte G (FC), "[a] power need not be exercised, but a duty must be discharged".Ex parte G (FC), p.
In R v Secretary of State for the Home Department, ex parte Hargreaves (1996),. the Court of Appeal of England and Wales initially rejected the argument that the courts could perform a substantive review function beyond that permitted by Wednesbury unreasonableness.Leyland & Anthony, p. 321. In contrast, in the earlier case of R v Secretary of State for the Home Department, ex parte Khan (1984),.
C.D.C. 1833) (No. 16,650). ;Ex parte Milburn In Ex parte Milburn (1835), the Court denied an original habeas petition concerning pretrial detention holding that the forfeiture of bail for failure to appear did not satisfy a criminal indictment and that a prior granting of the writ of habeas corpus was no bar to a subsequent arrest warrant.Ex parte Milburn, 34 U.S. (9 Pet.) 704 (1835).
R. v. Secretary of State for Home Department, ex parte Cheblak (1991).R. v. Secretary of State for Home Department, ex parte Cheblak [1991] 1 W.L.R. 890, C.A. (England and Wales). This case involved the detention of a foreign citizen living in the UK on the ground of it "being conducive to the public good" under section 18(1)(b) of the Immigration Act 19711971 c. 77.
As such, they could not exercise the federal judicial power, and therefore the law that placed admiralty cases in their jurisdiction was unconstitutional. Tenure that is guaranteed by the Constitution is a badge of a judge of an Article III court. The argument that mere statutory tenure is sufficient for judges of Article III courts was authoritatively answered in Ex parte Bakelite Corp.:Ex parte Bakelite Corp.
The Patent Act of 1922 enlarged the jurisdiction of the court to include appeals on questions of law from Tariff Commission findings in proceedings relating to unfair practices in the import trade. In 1929 the court's name was changed to the United States Court of Customs and Patent Appeals by an enactment that conferred upon it appeals from the United States Patent Office. These appeals included ex parte patent cases, appeals from interference proceedings, and trademark cases, appeals which theretofore had been heard in United States Court of Appeals for the District of Columbia Circuit. In the 1929 case Ex Parte Bakelite Corporation,Ex Parte Bakelite Corporation, 279 U.S. 438 (1929).
Ex parte () is a Latin legal term meaning literally "from/out of the party/factionCassell's Latin Dictionary, Marchant, J.R.V, & Charles, Joseph F., (Eds.), Revised Edition, 1928, pp.200-1 of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, Canadian, South African, Indian, and U.S. legal doctrines, ex parte means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party.
The term is also used more loosely to refer to improper unilateral contacts with a court, arbitrator, or represented party without notice to the other party or counsel for that party. The phrase was common in the titles of habeas corpus and judicial review cases until the end of the twentieth century, because those cases were originally brought by the Crown on behalf of the claimant. In Commonwealth common law jurisdictions, the title typically appeared as R v (Defendant), ex parte (Claimant); in the US, this was shortened to Ex parte (Claimant). A proceeding in an executive agency to establish a right, such as patent prosecution, can also be ex parte.
After the U.S. Supreme Court handed down their ruling in Ex parte Milligan on April 3, 1866, the men were released from custody.Nolan, pp. 40–41.
His "Proclamacio ... ex parte ... Regis Ricardi" in this mayoralty (as shown by the sheriffs' names) is given in the Cottonian manuscripts.Nero, D. vi. fos. 177b–9.
Zines, Leslie (2008). The High Court and the Constitution, 5th ed. Annandale, New South Wales: Federation Press. . p.314R v Foreign Secretary; Ex parte Indian Association, (1982).
The fourth case, Ex parte Endo, was decided in the plaintiff's favor and effectively ended the incarceration.Irons. Justice at War, pp 318-19, 324.Yamamoto, et al.
Justice Sedley referred to the possibility of damages as a remedy,Ex parte F & I Services Ltd., para. 72. but commented:Ex parte F & I Services Ltd., para.
See Ex parte Burford, 7 U.S. (3 Cranch) 448 (1806). and mandamus, as authorized by the same act.Judiciary Act of 1789, § 13, 1 Stat. 73, 80-81\.
Ex Parte Bowman 61 U.S.P.Q.2d 1669 (Bd. Pat. App. & Int. 2001) was a decision by the U.S. Board of Patent Appeals and Interferences which asserted that in order to be patent-eligible, a process had to involve or promote the technological arts. This decision was overruled by the Board's subsequent Ex Parte Lundgren decision, but the Board's and then the Federal Circuit's In re Bilski opinion then superseded Lundgren.
The Public Patent Foundation has unsuccessfully attempted to invalidate several Monsanto patents. In 2006, the foundation filed for ex parte reexamination of four patents, which the United States Patent and Trademark Office (PTO) granted.Monsanto Anti-Farmers Patents. Public Patent Foundation However, by 2008 the PTO had confirmed the validity of all four patents, with minor amendments to two patents,Ex Parte Reexamination Certificates for U.S. Pat. Nos. 5,196,525 and 5,322,938.
As a first instance judge, Sedley delivered important judgments in the field of administrative law, notably in relation to the concept of legitimate expectation as a ground for judicial review,R v Ministry of Agriculture, Fisheries and Food, ex parte Hamble (Off-shore) Fisheries Ltd. [1995] 2 All ER 714. and the duty to give reasons.R v Higher Education Funding Council, ex parte Institute of Dental Surgery [1994] 1 WLR 242.
Ealing London Borough Council, ex parte Times Newspapers Ltd. (1986)R. v. Ealing London Borough Council, ex parte Times Newspapers Ltd. (1986) 85 L.G.R. [Local Government Reports] 316, Divisional Court (England and Wales). dealt with the principle of irrelevant considerations as well. In this case, Ealing London Borough Council had refused to provide certain newspapers in their public libraries because the newspapers' proprietors were political rivals of members of the Council.
GTE (Australia) at paras. 47–49. On the other hand, strong doubts have been expressed about substantive legitimate expectation. In Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003),. the High Court of Australia said that the reasoning in ex parte Coughlan violated the separation of powers doctrine by overextending the reach of judicial power provided for in section 75(v) of the Constitution of Australia.
1051349, August 3, 2007); Wilson v. Colbert County Board of Education, 2006 WL 825089 (Ala. Civ. App. 2006); Ex parte The Estate of Johnny Reynolds And Charles Cole.
In Ex parte McCardle (1869), the Court held that the repeal was a valid exercise of Congress's Exceptions Clause power.Ex parte McCardle, 74 U.S. (7 Wall.) 506 (1869).
In Ex parte Henry (1887), the Court held that each mailing can form the basis for a separate count of mail fraud.Ex parte Henry, 123 U.S. 372 (1887).
His solicitors secured orders against Gemma O'Doherty including one that she had been formally served with the summons outlining the action against her after an ex parte hearing.
Ex parte Foot, pp. 635–637. This statement of law was endorsed in Tesco Stores Ltd. v. Secretary of State for the Environment (1995),. a planning law case.
Ex parte Levitt, 302 U.S. 633 (1937), is a United States Supreme Court case that dismissed objections to the appointment of Justice Hugo Black for lack of standing.
Such a "rights-based" approach allows courts to scrutinize cases involving fundamental human rights more closely, thereby affording greater protection of fundamental liberties.. UK Ministry of Defence (MoD) in the Main Building at Whitehall, London. In 1995, the Court of Appeal held in a case challenging the MoD's policy of discharging homosexual persons that a lower standard of Wednesbury unreasonableness applies when a decision interferes with human rights. An instance of the application of the anxious scrutiny level of review is the 1995 case of R. v. Ministry of Defence, ex parte Smith,. which represents a distillation of principles embodied in decisions previously made by the House of Lords in ex parte Bugdaycay (1986) and ex parte Brind (1991).
Justice Louis D. Brandeis The avoidance of unnecessary constitutional decisions has been urged as early as 1833 by Chief Justice John Marshall in Ex parte Randolph, 20 F. Cas.
Similarly, in Ex parte Rowland (1881), the Court held that it had no original habeas jurisdiction to examine a contempt of court conviction arising from the disregard of a writ of mandamus.Ex parte Rowland, 104 U.S. (14 Otto.) 604 (1881). And, in Ex parte Bigelow (1885), the Court held that there could be no review of a double jeopardy determination of the Supreme Court of the District of Columbia.Ex parte Bigelow, 113 U.S. 328 (1885).
While in private practice, Heydenfeldt argued before the California Supreme Court in Ex Parte Newman (1858),Ex Parte Newman, 9 Cal. 502 (1858). where he successfully defended a Jewish man's right to work on Sunday. In 1862, during the Civil War, he refused on principle to take a test oath for lawyers of loyalty to the Union cause (as did Virginia-born James D. Thornton), which led to his semi-retirement from the Bar.
Gloucestershire County Council, ex parte Barry (1997),. a majority of the House of Lords held that the Gloucestershire County Council was allowed to take resources into consideration when deciding whether or not to withdraw the provision of home care services. Lord Nicholls stated: "A person's need for a particular type or level of service cannot be decided in a vacuum from which all considerations of cost have been expelled."Ex parte Barry, p. 604.
Mackman (1983), Council of Civil Service Unions v. Minister for the Civil Service (the GCHQ case, 1983). and R. v. North and East Devon Health Authority, ex parte Coughlan (1999).
According to historian David Williamson, Hinde's argument supporting his uncle's ruling has legal merit. He said that Chief Justice Roger B. Taney made a similar argument in Ex parte Merryman.
R v Secretary of State for the Home Department, Ex parte Doody [1993] UKHL 8, [1994] 1 AC 531 was an important UK constitutional law case concerning applications for judicial review.
1089–1090, para. 119. The UK case of R. v. North and East Devon Health Authority, ex parte Coughlan (1999). established that legitimate expectations may have a substantive element as well.
The term unlawful combatant has been used for the past century in legal literature, military manuals and case law. The term "unlawful combatants" was first used in U.S. municipal law in a 1942 United States Supreme Court decision in the case Ex parte Quirin.Ex Parte Quirin -n1- (Nos. 1-7CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA) or Ex Parte Quirin or EX PARTE QUIRIN In that case, the Supreme Court upheld the jurisdiction of a US military tribunal over the trial of eight German saboteurs in the US during World War II: The validity of the case as basis for denying prisoners in the War on Terrorism the protection of the Geneva Conventions has been disputed.
In Ex parte Dorr (1845), the Court held that it had no power to issue the writ to state prisoners serving sentences pursuant to a state conviction (except for the limited purpose of obtaining their in-court testimony).Ex parte Dorr, . The holding of Dorr was abrogated by a Reconstruction-era statute granting federal courts the power to grant writs of habeas corpus to state prisoners.Eric M. Freedman, Milestones in Habeas Corpus: Part I: Just Because John Marshall Said It, Doesn't Make It So: Ex Parte Bollman and the Illusory Prohibition on the Federal Writ of Habeas Corpus for State Prisoners in the Judiciary Act of 1789, 51 531, 539 & n.19 (2000) (citing Act of February 5, 1867, 14 Stat. 385).
The Singapore Court of Appeal distinguished ex parte Fire Brigades Union from the issue at hand on two grounds. First, the word shall in Article 49(1) indicated that the Prime Minister is under a duty to call an election to fill the vacancy, as opposed to the word may which appeared in the statute in ex parte Fire Brigades Union. Secondly, the Prime Minister's discretion under Article 49(1) is not solely and largely dictated by policy considerations, unlike the Home Secretary's discretion in ex parte Fire Brigades Union. Rather, in deciding when to call a by-election, the Prime Minister must bear in mind the equally important consideration of the interests of the people of the constituency in which a vacancy has arisen.
Salyer (2005), p. 60. Field focused on the meaning of the subject to the jurisdiction thereof phrase of the Citizenship Clause, held that Look was indeed subject to U.S. jurisdiction at the time of his birth irrespective of the alien status of his parents, and on this basis ordered U.S. officials to recognize Look as a citizen and allow him to enter the United States. The Look Tin Sing ruling was not appealed and was never reviewed by the Supreme Court. A similar conclusion was reached by the federal circuit court for Oregon in the 1888 cases of Ex parte Chin King and Ex parte Chan San Hee.Ex parte Chin King, Ex parte Chan San Hee, 35 F. 354 (Cir.Ore. 1888).
Moyer v. Peabody had its foundation in previous court rulings in the United States and spawned a number of subsequent decisions. It was one in a long line of cases extending back through Ex parte Merryman, 17 F. Cas. 144 (1861),Where the president had suspended the writ of habeas corpus "within the vicinity of the military line" during war, held neither the president nor authorize a military officer could suspend the write of habeas corpus absent congressional authority. Ex parte Benedict, 3 F. Cas. 159 (N.D.N.Y. 1862),Where pacifist is arrested and imprisoned during time of war by military officer, held writ of habeas corpus may not be suspended absent statutory authority. and Ex parte Milligan, 71 U.S. 2 (1866).
Ex parte reexaminations are initiated by members of the public, but once said members submit their request, they no longer actively participate in the proceedings. The correspondence is strictly between the examiner and the patent owner. The fee for filing a request for an ex parte reexamination is $6,000 as of January 16, 2018.USPTO Fee Schedule Inter partes reexaminations were initiated by members of the public, and said members of the public then participated in the proceedings.
Secretary of State for the Home Department, Ex parte V. and Reg. v. Secretary of State for the Home Department, Ex parte T., publications.parliament.uk The Act introduced a number of drugs-related provisions including drug abstinence orders, a community-based sentence that allows a court to order an offender to abstain from specified class A drugs. It also allows for pre-sentence drug testing of convicted offenders, as well as drug testing of people held in police custody.
In R. v. Sefton Metropolitan Borough Council, ex parte Help the Aged (1997),R. v. Sefton Metropolitan Borough Council, ex parte Help the Aged [1997] 4 All E.R. 532, C.A. (England and Wales). the Court of Appeal of England and Wales stated that even if an agency may consider resources in determining whether a person meets the criteria to receive provision of a service, it cannot then refuse to provide the service on the basis of insufficient resources.
As such, Judicial Commissioner Menon considered that the inquiry under the real likelihood test had been shifted from the perspective of a reasonable member of the public to that of a judge. He adopted the summary of this shift given by Lord Justice of Appeal Simon Brown in R. v. Inner West London Coroner, ex parte Dallaglio (1994):R. v. Inner West London Coroner, ex parte Dallaglio [1994] 4 All E.R. 139, C.A. (England and Wales).
Laney, 199 F.3d 281 (5th Cir. 2000); see also Seminole Tribe v. Florida, 517 U.S. 44 (1996). Moreover, the authority is clear that the Ex parte Young exception does not apply.
State, 816 S.W.2d 137, 141 (Tex. App. Beaumont 1991) ("Criner I");'Ex parte Criner, no. 36,856-01 (Tex. Crim. App. July 8, 1998) (not designated for publication) ("Criner III"), slip op.
112, > 112. In Ex parte Bollman (1807), the Court held that conspiracy to wage war on the United States was not treason.Ex parte Bollman, 8 U.S. (4 Cranch) 75, 125-28 (1807).
In Ex parte Ayers (1887), the Court denied a state-prisoner petition on the merits, finding that the state tax law did not violate the Contracts Clause.Ex parte Ayers, 123 U.S. 443 (1887).
The headquarters of the Law Society of Singapore along South Bridge Road, photographed in January 2012. In 1985, the High Court granted a mandamus (now known as a mandatory order) to the Society to compel a Disciplinary Committee to investigate charges of wrongdoing against an advocate and solicitor. Re Lim Chor Pee, ex parte Law Society of Singapore (1985)Re Lim Chor Pee, ex parte Law Society of Singapore [1985–1986] S.L.R.(R.) 226, H.C. (Singapore). ("Lim Chor Pee (H.C.)").
Harlan F. Stone commemorative stamp, issued in 1948 As Chief Justice, Stone spoke for the Court in upholding the President's power to try Nazi saboteurs captured on American soil by military tribunals in Ex parte Quirin,Ex Parte Quirin, 317 U. S. 1 (1942) . The court's handling of this case has been the subject of scrutiny and controversy.Brief of Legal Scholars and Historians as Amici Curiae in Support of Petitioner, Salim Ahmed Hamdan, v. Donald H. Rumsfeld, Secretary of Defense, et al.
The Abbey of St. Brigid was founded where the Protestant church now stands, by Richard Tyrrell, second Baron of Castleknock, in 1184, and continued to flourish until the suppression of the monasteries, when it was demolished, and a Protestant church built on the site. In ancient times Castleknock furnished two canons to the Cathedral of St. Patrick, and still today two prebends of St. Patrick's derive their titles from "Castrum Noc ex parte diaconi, et Ca-strum Noc ex parte praecentoris".
This approach towards sexual orientation was cited by the House of Lords in Islam Secretary of State for the Home DepartmentIslam Secretary of State for the Home Department Reported as Re GJ [1998] INLR 387. and Regina v Immigration Appeal Tribunal + another ex parte Shah AP.Regina v Immigration Appeal Tribunal + another ex parte Shah AP [consolidated appeals] (1999) 2 WLR 1015 (House of Lords).Doug Tennant “The Contribution of New Zealand Refugee Status Appeals Authority (2007) 15 Waikato L. Rev. 160 at 178.
In the first two cases, the Court held that it had jurisdiction to issue the writ in pre-conviction situations. In the next two cases, the Court held that it did not have jurisdiction to issue the writ in post-conviction cases. ;Ex parte Burford Burford concerned imprisonment of an "evil doer" in Alexandria County, D.C.. In Ex parte Burford (1806), the Court granted the writ of habeas corpus in a case of preventative detention.Ex parte Burford, 7 U.S. (3 Cranch) 448 (1806).
In Ex parte Karstendick (1876), the Court held that a federal court had no statutory authority to sentence a defendant to hard labor at a state prison outside of its territorial jurisdiction.Ex parte Karstendick, 93 U.S. (3 Otto) 396 (1876). In Ex parte Jackson (1877), the Court considered several constitutional issues, including the Postal Power, the application of the First Amendment to mail-order gambling, and the application of the Fourth Amendment's warrant requirement to the mail.Ex parte Jackson, 96 U.S. (6 Otto) 727 (1877). In Ex parte Lothrop (1886), the Court found that the Arizona territorial courts were properly constituted.Ex parte Lothrop, 118 U.S. 113 (1886). In In re Sawyer (1888), the Court granted the writ to state judges imprisoned by a federal judge for violating an injunction.In re Sawyer, 124 U.S. 200 (1888).
Effectively, this proposition grants courts the discretion to ascertain whether the public interest is better served by ordering an authority to perform its undertaking than to frustrate it. Ex parte Khan is also regarded as the first case in which an individual relied on a general policy, as opposed to a specific representation or a policy drawn for a closed class of persons, as the grounds for the expectation of a benefit.. While the case mooted the idea of a substantive legitimate expectation, the doctrine was more completely developed in the High Court judgment of R v Ministry of Agriculture, Fisheries and Food, ex parte Hamble (Off-shore) Fisheries Ltd. (1995).R v Ministry of Agriculture, Fisheries and Food, ex parte Hamble (Off- shore) Fisheries Ltd. [1995] 2 All E.R. 714, H.C. (Q.
Ex parte Madrazzo, 32 U.S. (7 Pet.) 627 (1833), was a United States Supreme Court case involving the suit of Juan Madrazo, a citizen of the Kingdom of Spain, against the state of Georgia.
In re Imperial Land Company of Marseilles, ex parte Harris (1872) Law Rep. 7 Ch. App. 587 is an old English contract law case. It reconfirmed the postal rule of Adams v Lindsell (1818).
Because the tribes alleged that the state's actions violated the Indian Commerce Clause and Supremacy Clause (via the Nonintercourse Act) of the Constitution, the tribe's claim was allowed under the Ex parte Young doctrine.
I am bound to say that, after reading it, I regretted its format, as likely somewhat to acerbate the ill feeling existing, because it conveys the impression of being purely an ex parte statement.
R v District Auditor No 3 Audit District of West Yorkshire MCC, ex parte West Yorkshire MCC [1986] RVR 24 is an English trusts law case, concerning the certainty of trusts, and their administrative workability.
Since it is the responsibility of the High Court to determine the legality of a decision rather than its merits,. it will not order a public body to take a certain course of action, but will merely enjoin it to perform its duty in a lawful manner. In R. v. Justices of Kingston, ex parte Davey (1902),R. v. Justices of Kingston, ex parte Davey (1902) 86 L.T. 589 at 591, applied in Re San Development Co's Application [1971–1973] S.L.R.(R.) 203 at 207, para.
Daintith, Page (1999). p. 12. However, Lord Mustill summarised the prevailing modern viewpoint in the 1995 judgment, R. v Home Secretary ex parte Fire Brigades Union:R v Secretary of State for the Home Department ex parte Fire Brigades Union [1995] 2 AC 513 at 567. > It is a feature of the peculiarly UK conception of the separation of powers > that Parliament, the executive and the courts each have their distinct and > largely exclusive domain. Parliament has a legally unchallengeable right to > make whatever laws it thinks right.
Following his acquittal, Congressman McDade sought to restrict the DOJ's attempts to set its own standards for ex parte contacts of represented persons and parties. He also objected to DoJ's view that its attorneys should be exempt from the ex parte contact rules of the states in which they are licensed and in which they practice. See generally Charles A. Weiss, Lawyers Bypassing Lawyers, 28 Litigation, Winter 2002, at 42. McDade was successful in his efforts to ensure DOJ attorneys adhere to state bar ethics standards.
Opponents noted that the AIA contained a provision that would deny the right of patent owners to obtain judicial review of adverse USPTO decisions in ex parte patent reexaminations by civil action in district court – a right that has existed under / § 145 since the inception of reexamination in 1980. They contended that abolishing this right will leave direct appeal to the Federal Circuit as the only judicial recourse – an intolerable scenario for patent owners who need to rely on evidence that was unavailable during the administrative appeal stage. Opponents contended that this provision will exacerbate ex parte reexamination abuses by creating an unprecedented end-run around Federal District Courts in potentially all patent disputes. They warned that alleged infringers would simply file ex parte reexamination requests with USPTO, receive a final agency decision subject only to Federal Circuit review, essentially bypassing Federal courts.
In Ex parte Wells (1855), the Court held that the President has the power to grant a conditional pardon (i.e. the power to commute a sentence of death to life imprisonment); Judge McLean dissented on the merits.
The Act revised and expanded post- grant opposition procedures. The Act retained existing ex parte reexamination; added preissuance submissions by third parties; expanded inter partes reexamination, which was renamed inter partes review; and added post-grant review.
Although this system functioned effectively for several years it was eventually brought to its knees by the High Court in Re Wakim; Ex parte McNally,. Bond v The Queen,. and R v Hughes,. (2000) 171 ALR 155.
Harman LJ and Danckwerts LJ delivered judgments distinguishing this from Lord Eldon’s strong words in Ex parte James and Ex parte Lacey because everybody concerned knew that the purchase was planned, and maybe Lord Eldon exaggerated in saying that you can never determine what somebody knows. Sachs LJ concurred that there was no conflict of interest. He took the view that a hard and fast rule prohibiting all transactions was unnecessary and could be unjust. The courts should examine the facts and then determine whether setting the sale aside is appropriate.
III, § 2, cl. 3. But, the Supreme Court did not interpret section 8 as exercising the full extent of Congress's authority under Article Three. In Ex parte Bollman (1807), the Court held that the statutory term "any place out of the jurisdiction of any particular state" applied only to "any river, haven, bason or bay, not within the jurisdiction of any particular state", and only in "those cases there is no court which has particular cognizance of the crime".Ex parte Bollman, 8 U.S. (4 Cranch) 75, 136 (1807).
It was found that numerous health authorities were using criteria that was too restrictive in determining eligibility for funding for NHS care that was not in line with that laid down by the Department after the judgment in ex parte Coughlan.R v North and East Devon Health Authority, ex parte Coughlan [2001] QB 213, Abraham found that the cost of caring for patients with very severe disabilities was left to relatives instead of the National Health Service.Health Service Commissioner, Second Report 2002–03, E.420/00-01; E.1626/01-02.
In the 1977 case of Ex parte Tammen, the United States District Court for the Northern District of Texas noted testimony in the case to the effect that taxpayer Bob Tammen had become involved with a group called "United Tax Action Patriots", a group that took the position "that the Sixteenth Amendment was improperly passed and therefore invalid". The specific issue of the validity of the ratification of the Amendment was neither presented to nor decided by the court in the Tammen case.See Ex parte Tammen, 438 F. Supp. 349, 78-1 U.S. Tax Cas.
Secretary of State for Transport ex parte Factortame is considered decisive as to the superiority of EU law over British law. It judged that the Merchant Shipping Act 1988 and section 21 of the Crown Proceedings Act 1947 (which prevented an injunction against the Crown) should be disapplied. Alongside R v Employment Secretary, ex parte EOC, these two cases establish that any national legislation, coming into force before or after the European Communities Act 1972, cannot be applied by British courts if it contradicts Community law.Bradley, Ewing (2007). p. 72.
The presence of such formal objections precludes the full closing of prosecution; therefore, in these situations, the United States Patent and Trademark Office (USPTO) issues an Ex parte Quayle Office action requesting the applicant to correct the formal objections.Manual of Patent Examining Procedure § 714.14. An Ex parte Quayle action has a shortened statutory period for reply that expires two months from the mailing date of the action. This period can be extended by four additional months for up to a total period for reply of six months (with proper extensions and fees).
Andrejeva v. Latvia (55707/00) was a case decided by the Grand Chamber of the European Court of Human Rights in 2009. It concerned ex parte proceedings and discrimination in calculating retirement pensions for non-citizens of Latvia.
Ex parte McCarthy, p. 259, cited in , and . A pecuniary or proprietary interest can arise in two ways. First, the decision-maker may have an interest of this nature in one of the parties involved in a matter.
Public Service Commission v. Lai Swee Lin Linda [2001] 1 S.L.R.(R.) 133 at 142, para. 23, C.A. (Singapore) ("Lai Swee Lin Linda (C.A.)"), citing Ex parte National Federation of Self- Employed and Small Businesses Ltd., pp. 642–643.
Which is what the High Court of Singapore did in Mir Hassan bin Abdul Rahman v. Attorney- General [2009] 1 S.L.R.(R.) 134, H.C. (Singapore). In R. v. Secretary of State for the Home Department, ex parte Brind (1991),.
However, the government may respond to any action against it by submitting evidence ex parte in order to avoid disclosing any matter that may adversely affect a related investigation or a related criminal case. The plaintiff is then given an opportunity to make a submission to the court, not ex parte, and the court may request further information from either party. If a person wishes to discover or obtain applications or orders or other materials relating to electronic surveillance or to discover, obtain, or suppress evidence or information obtained or derived from electronic surveillance under FISA, then the Attorney General may file an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States. In these cases, the court may review in camera and ex parte the material relating to the surveillance to make sure that such surveillance was lawfully authorized and conducted.
Vince, p. 426. However, at least in the UK, there are signs that the courts may be moving towards showing more flexibility in granting advisory declarations. In R. v. Secretary of State for the Home Department, ex parte Salem (1999),.
However, in the 1977 deportation case of R > v. Secretary of State ex parte Hosenball,[1977] 1 WLR 166 Lord Denning MR, > in the Court of Appeal, supported judicial non-interference with ministerial > discretion in matters of national security.Simpson (1992) p.
In 1868 he filed a civil lawsuit in Huntington County, Indiana, seeking damages related to the Ex parte Milligan case.Klement, Dark Lanterns, p. 231. Milligan's civil case was referred to the U.S. Circuit Court for Indiana at Indianapolis. Milligan v.
45, and Klement, Dark Lanterns, p. 237. Milligan's civil suit was "the first major civil rights jury trial held before the federal courts."Sharp, p. 46. At issue was what damages, if any, Milligan had sustained relating to Ex parte Milligan.
R v Burgess; Ex parte Henry, was a case decided in the High Court of Australia regarding the scope of the trade and commerce power and the external affairs power, in sections 51(i) and 51(xxix) respectively, of the Constitution.
Union officials allowed Merryman access to his lawyers, who delivered a petition of habeas corpus to the federal circuit court for Maryland. In his role as the head of that circuit court, Taney presided over the case of Ex parte Merryman.
Nolan, p. 45, and Klement, Dark Lanterns, p. 237. The jury was asked to consider what damages, if any, Milligan had sustained relating to Ex parte Milligan. Harrison portrayed Milligan as a traitor and argued that his actions prolonged the war.
Judicial review is the means by which legal rights are protected and good governance enforced.. The ability of the courts to judicially review legislation and administrative action is considered an element of the rule of law. In R. v. Committee of the Lords of the Judicial Committee of the Privy Council acting for the Visitor of the University of London, ex parte Vijayatunga (1987),R. v. Committee of the Lords of the Judicial Committee of the Privy Council acting for the Visitor of the University of London, ex parte Vijayatunga [1988] Q.B. 322, High Court (Queen's Bench) (England & Wales).
The temporary restraining order may be granted ex parte—without the abuser having the opportunity to appear in court. Unlike in some states, in Wisconsin an ex parte order can be granted on the basis of past abuse, with no further evidence of the likelihood of future abuse being needed. The woman will also request that a full hearing—at which the abuser will be present—be held to determine whether to grant a permanent restraining order. Wisconsin courts will have jurisdiction to hear the case if the petitioner resides in Wisconsin—even if the respondent does not also reside in Wisconsin.
State courts vary in their use of ex parte proceedings (for example, in custody cases, replevin cases and other civil matters), though most have it in one form or another. For example, in the States of California and Illinois, ex parte proceedings are available if notice is given before 10 a.m. the previous court day, or even shorter upon showing of emergency need.See California Rule of Court 3.1200, et seq As most courts in these two states hold law and motion hearings in the early morning, this notice is typically confirmed by facsimile although oral notice may be effective.
The Supreme Court of Canada heard the appeal on April 22, 2009. Intervenors were the Director of Public Prosecutions of Canada, Attorney General of Ontario, Canadian Association of Chiefs of Police and Criminal Lawyers’ Association (Ontario). The unanimous judgment was written by Fish J. The Court found that where a hearing is required to determine a claim of informer privilege, the hearing must be held ex parte, without the defendant or their counsel present, but only if it is required to keep the informer's identity confidential. The hearing should only be held ex parte as necessary.
In Ex parte Tom Tong (1883), the Court held that—under 1872 amendments to the certification procedure, which went into effect during the Chase Court era—because habeas corpus was a civil proceeding, questions arising in habeas cases could not be certified to the Supreme Court until a final judgment had been entered.Ex parte Tom Tong, 108 U.S. 556 (1883). In Ex parte Milligan (1866), after the repeal of those amendments, the Court held that habeas petitions in the circuit courts could be a source of certified questions to the Supreme Court.Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866).
Judge George Denman formulated the two legs of the test for offences of a political character: first that the offence occurred during a political disturbance, and second that the offence was an overt act part of or incidental to the disturbance, and so ruled that Castolini could not be extradited. Later cases looked to the motives of the offender in an effort to determine whether the offences could fall under a more liberal definition of "political disturbance". In the 1954 case Ex parte Kolczynski,R v Governor of Brixton Prison, Ex parte Kolczynski, [1954] 1 Q.B. 540.
In a second opinion for the consolidated cases, Judge Pettine rejected the defendant's motion to dismiss for lack of subject-matter jurisdiction on the basis of the Eleventh Amendment to the United States Constitution.Narragansett Tribe of Indians v. Murphy (Narragansett II), 426 F. Supp. 132 (D.R.I. 1976). Pettine found that the tribe's claims fell with the Ex parte Young (1908) exception to state sovereign immunity, citing Supreme Court precedents involving suits over possession of land.Narragansett II, 426 F. Supp. at 134-35 (citing Ex parte Young, 209 U.S. 123 (1908); United States v. Lee, 106 U.S. 196 (1882)).
Ex parte Endo, or Ex parte Mitsuye Endo, 323 U.S. 283 (1944), was a United States Supreme Court ex parte decision handed down on December 18, 1944, in which the Justices unanimously ruled that the U.S. government could not continue to detain a citizen who was "concededly loyal" to the United States.. Although the Court did not touch on the constitutionality of the exclusion of people of Japanese ancestry from the West Coast—which they had found not to violate citizen rights in their Korematsu v. United States decision on the same date—the Endo ruling nonetheless led to the reopening of the West Coast to Japanese Americans after their incarceration in camps across the U.S. interior during World War II. The Court also found as part of this decision that, if Congress is found to have ratified by appropriation any part of an executive agency program, the bill doing so must include a specific item referring to that portion of the program.
The courts ruled Arabs, Syrians, Middle Easterners, or Armenians to be white in the following cases: In re Najour (1909), In re Mudarri (1910), In re Ellis (1910), Dow v. United States (1915), United States v. Cartozian, and Ex Parte Mohriez (1944).
The application was abandoned as of August 22, 2007.Federal TM Ser. No. 78161091: "Current Status: Abandoned after an ex parte appeal. Date of Status: 2007-08-22" In all, Intellectual Reserve owns more than 60 trademarks related to the term Mormon.
Re Darby, ex parte Brougham [1911] 1 KB 95 is a UK company law case concerning piercing the corporate veil. It is a clear example of the courts ignoring the veil of incorporation where a company is used to conceal a fraudulent operation.
Re Jeavons, ex parte Mackay (1873) LR 8 Ch App 643 is a UK insolvency law case. It decided that a creditor could not reserve an obligation to himself in priority of other creditors if a company were to go into liquidation.
R (ex parte W) v Commissioner of the Police of the Metropolis [2006] EWCA Civ 458; [2006] 3 All ER 458 Part IV was repealed in October 2014 by Anti-Social Behaviour, Crime and Policing Act 2014 Sch.11(1) para 41(c).
Ex parte Yerger, 75 U.S. (8 Wall.) 85 (1869), was a case heard by the Supreme Court of the United States in which the court held that, under the Judiciary Act of 1789, it is authorized to issue writs of habeas corpus.
The nature of the function delegated by a public authority is crucial in determining whether such delegation offends the law. Where functions are considered administrative, delegation may not be wrongful. In R. v. Race Relations Board, ex parte Selvarajan (1975),R. v.
Ct.) (England and Wales), cited in R. v. Liverpool City Justices, ex parte Topping [1983] 1 W.L.R. 119, [1983] 1 All E.R. 490 at 494, C.A. (England and Wales), which was itself cited in Jeyaretnam, p. 825, para. 80, and in Shankar, p.
R v Department of Trade and Industry, ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union (2001) C-173/99 is a European labour law and UK labour law case concerning the Working Time Directive, which is relevant for the Working Time Regulations 1998.
Chief Justice John Marshall The Marshall Court (1801-1835) heard forty-one criminal law cases, slightly more than one per year. Among such cases are United States v. Simms (1803), United States v. More (1805), Ex parte Bollman (1807), United States v.
Singapore Court Practice 2005, p. 1144, para. 54/1-9/2. If the latter course is taken, the ex parte originating summons, supporting affidavit, order of court and summons must be served on the person against whom the order is sought.ROC, O. 54, r. 2.
An applicant could appeal the examiner's decision to the BPAI. The appeal procedure was described in chapter 1200 of the U.S. Manual of Patent Examining Procedure (MPEP).USPTO, Chapter 1200 Appeal, Manual of Patent Examining Procedure. Typically, appeals to the BPAI were conducted ex parte.
Subsequent House of Lords decisions made clear that the Commission had no power to launch investigations into employers' affairs where there had been no allegation of discrimination.R v. CRE, ex parte Hillingdon Borough Council [1982] AC 779 and In re Prestige [1984] ICR 473.
Rives, 100 U.S. (10 Otto) 313 (1879). In Ex parte Wall (1883), the Court denied a writ of mandamus, finding that it was proper to remove an attorney who participated in a lynch mob from a case.Ex parte Wall, 107 U.S. (17 Otto) 265 (1883).
Ex parte injunction was granted by the Single judge but was later vacated after hearing arguments. Pine Labs filed an appeal before the Division Bench. Division Bench initially granted interim stay and vide judgment dated 3 August 2011 ruled in favour of Pine Labs.
In Ex parte Harmse, the court held that the failure is a formal defect or irregularity, as envisaged by section 157(1), and therefore does not invalidate the application unless it has caused a substantial injustice which cannot be remedied by a court order.
Ex parte Crow Dog, 109 U.S. at 557; , at 129-30; Langland, at 115. Two years later, in 1885, Congress passed the Major Crimes Act,Major Crimes Act of 1885, (codified as amended at ). making Indian on Indian crime a federal offense.Langland, at 115-16.
Giles issued the original writ of habeas corpus in Ex parte Merryman.Benson John Lossing (1866), Pictorial Field Book of the Civil War, 1997 reprint, Baltimore: Johns Hopkins, Vol. I, Ch. XVIII, "The Capital Secured--Maryland Secessionists Subdued--Contributions by the People", pp. 449-450.
46; Tredway, pp. 227–48; and Klement, pp. 183–84. The controversial proceedings led to the landmark U.S. Supreme Court case known as Ex parte Milligan. The Court ruled the application of military tribunals to citizens when civilian courts are still operating is unconstitutional.
Re Wakim; Ex parte McNally. was a significant case decided in the High Court of Australia on 17 June 1999. The case concerned the constitutional validity of cross-vesting of jurisdiction, in particular, the vesting of state companies law jurisdiction in the Federal Court.
3, 1885, 23 Stat. 437. See Ex parte Royall, 117 U.S. 241 (1886). the Court had jurisdiction to hear writs of error from habeas petitions (a civil action) in the circuit courts. Beginning in 1850, the Court also entertained such appeals from the territorial courts.
An applicant can appeal the examiner's decision to the PTAB. The appeal procedure is described in section 1200 of the U.S. Manual of Patent Examining Procedure (MPEP).USPTO, Chapter 1200 Appeal, Manual of Patent Examining Procedure. Typically, appeals to the PTAB are conducted ex parte.
Response of the Honorable Reggie B. Walton of the Foreign Intelligence Surveillance Court to Senator Patrick Leahy, July 29, 2013. This is as directed by statute.See for example 50 U.S.C. 1805 Most US states also allow for initial hearings regarding civil protection orders to be done ex parte; however, a second hearing is usually set a short time later to allow the alleged abuser to answer for the allegations. An article about such restraining orders, authored by Debra Stark and Jessica Choplin, indicated this concept in its title, "Seeing the Wrecking Ball in Motion: Ex Parte Protection Orders and the Realities of Domestic Violence".
However, he contended that the United States held no jurisdiction on the reservation. The Supreme Court agreed, confirming Crow Dog's assertion that they lacked jurisdiction because the crime occurred in Indian country between two Indians. In the opinion issued by Justice Stanley Matthews for the Supreme Court in Ex parte Crow Dog in 1883,Ex parte Crow Dog, ; , at 39–42; Matal, at 303. the Court implied that if Congress intended to exert legislative authority over these tribes they must pass an explicit law granting jurisdiction to the federal courts over Indian-on-Indian crime in Indian country, and then the Court would confirm its constitutionality.
The U. S. Supreme Court case, Ex parte Milligan or Ex parte Lambdin P. Milligan, 71 U.S. (4 Wall.) 2 (1866); 18 L. Ed. 281., was argued before the Court on March 5 and March 13, 1866. Chief Justice Salmon P. Chase handed down the court's decision on April 3, 1866, ruling the application of military tribunals to citizens when civilian courts are still operating is unconstitutional. The Court's ruling decreed that a writ of habeas corpus could be issued based on the congressional act of March 3, 1863; the military commission had no jurisdiction to try and sentence the men; and the accused were entitled to discharge.
On 4 November Ward agreed to meet ACAS in return for UPW calling off its boycott, and following talks between APEX and UPW Grunwick staff were once more allowed to collect mail from the sorting office. Ward still applied for an ex parte injunction against both the Post Office and the UPW on 5 November, which was refused by Mr. Justice Chapman in the High Court. Usually, a party moves ex parte to prevent an adversary from having notice of their intentions. At a second inter partes hearing before Mr. Justice Slynn on 9 November, the firm consented to the dismissal of its application for an injunction.
B.) (Northern Ireland). Applying the principles in the GCHQ case, the High Court of Justice in Northern Ireland held that the Police Association had neither been deprived of a legitimate expectation nor treated unfairly. The Court of Appeal of England and Wales also protected procedural interests by stating that a public authority cannot, without some form of warning, change a long-standing practice that it is aware an individual has acted in the light of and derived a benefit from, in the case of R v Inland Revenue Commissioners, ex parte Unilever plc (1996).R v Inland Revenue Commissioners, ex parte Unilever plc [1996] S.T.C. 681, C.A. (England & Wales).
Secretary of State for the Home Department, ex parte Brind (1991). In 1996, the Court of Appeal opined in R. v. Secretary of State for the Home Department, ex parte Hargreaves that "[o]n matters of substance (as contrasted with procedure) Wednesbury provides the correct test". In Associated Provincial Picture Houses v. Wednesbury Corporation (1947), the High Court had introduced the idea of Wednesbury unreasonableness, that is, a public authority's decision is unlawful if, although they have "kept within the four corners of the matters they ought to consider, they have nevertheless come to a conclusion so unreasonable that no reasonable authority could ever have come to it".Wednesbury, p. 234.
In Ex parte Harding (1887), the Court held that the composition of a grand jury (i.e. whether an alien sat) could not be so reviewed.Ex parte Harding, 120 U.S. 782 (1887). But, in several cases, the Court did find original habeas jurisdiction and reached the merits.
In Ex parte Mason (1881), the Court held that courts martial jurisdiction extended to a military prison shooting and that the courts martial had the power to add a dishonorable discharge onto the maximum sentence authorized by Congress.Ex parte Mason, 105 U.S. (15 Otto) 696 (1881).
One of those suits, Ex parte Wood, reached the Supreme Court.22 U.S. 603 (1824). Wood died in poverty in 1834. He had spent his entire "large fortune" on perfecting his invention and litigating the patent, and had earned less than $550 in total from his invention.
In Ex parte Bakelite Corp.. and Williams v. United States,. the Court held that the United States Court of Customs and Patent Appeals and the United States Court of Claims were courts created under Article I of the Constitution. However, the U.S. Congress in 67 Stat.
Associated Press. Retrieved September 28, 2012. TRN told the Ninth Circuit Court of Appeals that, through ex parte letters, Savage had threatened the AAA with a negative public relations campaign during proceedings, which interfered with the arbitrator's decision-making. The Ninth Circuit refused to allow the evidence.
Roche presided over the trial of Tokyo Rose. He also denied a writ of Habeas corpus from lawyer James Purcell on behalf of Mitsuye Endo and 120,000 persons of Japanese descent challenging their unlawful detention. The Supreme Court heard the case, Ex Parte Endo and freed Endo.
Vsevolod Vladimirovich Gussakovskiy (11 October 1911 in Tsarskoye Selo – September, 1948) was a Russian entomologist who specialised in Hymenoptera. He described many new species. His collections from Turkestan are held (ex parte) by the Zoological Museum of the Zoological Institute of the Russian Academy of Sciences.
"[T]he court is no longer concerned strictly with the appearance of bias but rather with establishing the possibility that there was actual although unconscious bias."Ex parte Dallaglio, p. 152. He also agreed with the Australian High Court's comments in Webb v. The Queen (1994).
AKA the ex parte suitor, Dexter v Gloucester. Dexter Construction had its head offices in Saint John County. It caused to be erected a subsidiary in Gloucester County. It considered that no taxes were owing in Gloucester County, on account of the Rates and Taxes Act, R.S.N.B. 1927, c.
Judge Simon Brown said: "Judicial review is the exercise of the court's inherent power at common law to determine whether action is lawful or not; in a word to uphold the rule of law".Ex parte Vijayatunga, p. 343, cited in . Prime Minister Lee Hsien Loong in June 2007.
Richard Quirin (April 26, 1908 – August 8, 1942) was a German agent executed as a spy for Nazi Germany in World War II. He was one of eight agents involved in Operation Pastorius, and gave his name to the Supreme Court decision on the trial, Ex parte Quirin.
Booth (1858), Ex parte Vallandigham (1861), and United States v. Jackalow (1862). Like its predecessor, the Taney Court exercised only limited appellate jurisdiction in criminal cases. Like its predecessor, it heard original habeas petitions, writs of error from the state courts, and certificates of division from the circuit courts.
Dublin and Enniskillen. The Incumbered Estates Commission sold part of the Hassard estate, including Cullion, on 29 April 1853 as follows- Final notice to Claimants. Incumbered Estates Commission. In the Matter of the estate of Francis Hassard, Esquire, Owner, Ex-parte Adam Thompson, Executor of William Thompson, Petitioner.
Well-known cases in which the Supreme Court has granted certiorari before judgment and heard the case on an expedited basis have included Ex parte Quirin (1942), United States v. United Mine Workers (1947), Youngstown Sheet & Tube Co. v. Sawyer (1952), United States v. Nixon (1974), Dames & Moore v.
While it prevents states from being subject to money damages for violations of Title I of the ADA, states are still subject to prospective injunctive relief, under Ex parte Young (1908).Ann Althouse, "Vanguard States, Laggard States: Federalism and Constitutional Rights," 152 U. Pa. L. Rev. 1745, 1798 (2004).
In In re Kaine (1852), by a 5-3 decision, the Court extended this holding under the 1848 extradition act which authorized commissions to play part of the role previously exercised by a district judge.In re Kaine, . In Ex parte Gordon (1861), the Court held that it had no original habeas jurisdiction to review a post-conviction sentence of death. In Ex parte Vallandigham (1863), the Court held that it had no original habeas jurisdiction to review the judgements of military commissions; because the military courts were not one of the courts authorized to consider habeas petitions by § 14 of the Judiciary Act of 1789, any such jurisdiction would be constitutionally original rather than appellate, and thus unconstitutional..
Prior to the Taney Court, no reported decision recorded an attempt by a party to obtain review in a criminal case by means of a prerogative writ other than habeas corpus. In Ex parte Gordon (1861), the court held that it had no power to issue a writ of prohibition to examine a death sentence issued by an admiralty court for piracy (the Court did possess the power to issue writs of prohibition in civil admiralty cases). The Taney Court also heard and rejected to petitions for mandamus in criminal cases. In Ex parte Taylor (1852), denied a petition on the merits, holding that federal bail in D.C. depended on federal law, not Maryland law.
The U.S. Supreme Court agreed, and unanimously ruled that military tribunals used to try civilians in any jurisdiction where the civil courts were functioning were unconstitutional, with its decision in Ex parte Milligan (1866). Military commissions were also used in the Philippines in the aftermath of the Spanish–American War; as these were used in an active war zone as an expedient of war, they did not fall afoul of Milligan. During World War II, President Franklin D. Roosevelt ordered a military tribunal for eight German prisoners accused of espionage and planning sabotage in the United States as part of Operation Pastorius. Roosevelt's decision was challenged, but upheld, in Ex parte Quirin (1942).
Spotted Tail's death influenced critical Indian law principles, long after his death. The case of Ex parte Crow Dog established that Indian tribes retain their sovereignty. The case also motivated the immediate creation, starting in 1885 of a series of federal statutes laying out the division of power between federal courts and Indian tribal courts to try Indian and non-Indian persons, in different circumstances for different crimes on Indian reservations. However Ex parte Crow Dog also established the plenary powers doctrine, giving Congress the power to pass any law they choose (including laws altering treaties that had been previously entered into), even over the opposition of the tribe or tribes affected.
One of the issues before the Court of Appeal in Lim Chor Pee was whether the Law Society had standing (locus standi) to apply for mandamus against the Disciplinary Committee. The Court cited R. v. Inland Revenue Commissioners, ex parte National Federation of Self Employed and Small Businesses Ltd. (1981),.
In the subsequent case of Ex parte Merryman, Chief Justice Taney asserted that only Congress had the right to suspend habeas corpus. In a message to Congress delivered in July 1861, Lincoln responded by arguing that his actions had been constitutional and necessary given the threat posed by the Confederacy.
R v Licensing Court of Brisbane; Ex parte Daniell. is a High Court of Australia case about inconsistency between Commonwealth and State legislation, which is dealt with by s 109 of the Australian Constitution. It is the leading example of what is known as the impossibility of simultaneous obedience test.
In response to the ruling in Ex parte Crow Dog, the U.S. Congress passed the Major Crimes Act () in 1885. It places 15 major crimes under federal jurisdiction if they occur on Native territory, even if both perpetrator and victim are Native American, beginning a legal doctrine limiting tribal sovereignty.
In Dioecesana Synodo Promulgatae Anno 1593. Tridenti: Giovanni Battista Gelmino 1594. Concilia Germaniae, quae celsissimi principis Joannis Mauritii, archiepiscopi Pragensis sumptu Joannes Fridericus Schannat magna ex parte primum collegit, dein Josephus Hartzheim ... plurimum auxit, continuavit, notis, digressionibus criticis, charta, et dissertatione chorographicis illustravit, Tomus VIII (Cologne: 1769), pp. 402-41.
Also, while there is no open standing per se, prerogative writs like certiorari,re Smith; Ex parte Rundle (1991) 6 WAR 295, Supreme Court (WA, Australia). writ of prohibition, quo warranto and habeas corpus. have a low burden in establishing standing. Australian courts also recognise amicus curiae (friend of the court),.
Kansas, 274 U.S. 380 (1927). Sanford voted with the majority in Myers v. United States (1926), which upheld the president's authority to remove executive branch officials without the Senate's consent, and in Ex parte Grossman (1925), which recognized the president's pardoning power to extend to conviction for contempt of court.
R. v. Commission for Racial Equality, ex parte Cottrell & Rothon [1980] 1 W.L.R. 1580 at 1588–1589, H.C. (Q.B.) (England and Wales). Ultimately, the courts must decide the issue based on what Parliament has authorized according to what may be summarized as the language, scope and objects of the empowering statute.
Most importantly, it has to be considered whether the fundamental human rights of an individual will be affected. Where such rights are affected, the common law will require more procedural protection.R. v. Army Board of the Defence Council, ex parte Anderson [1992] Q.B. 169, High Court (Divisional Court) (England and Wales).
Ex parte Salem, pp. 456–458. It is not yet known whether the Singapore High Court will adopt a similar approach. The Singapore courts have also yet to directly address the issue of the standing required to apply for a declaration in an administrative law case. In Karaha Bodas Co. LLC v.
Fong Thin Choo, pp. 771–780, paras. 1–12. As regards whether an order of prohibition could be obtained against the Director-General, the High Court said:Fong Thin Choo, pp. 781–782, para. 17, citing R. v. Criminal Injuries Compensation Board, ex parte Lain [1967] 2 Q.B. 864 at 882, D.C. (England & Wales).
Although the unions had held the Act was a bill of attainder under United States v. Lovett, 328 U.S. 303 (1946); Ex parte Garland, 71 U.S. 333 (1867); and Cummings v. Missouri, 71 U.S. 277 (1867), Vinson observed that these cases punished past actions whereas Section 9(h) punished only future conduct.
Ex parte Taylor, . In Kentucky v. Dennison (1860), the Court denied another mandamus petition, holding that—even though the Extradition Clause of the Constitution obliged states to extradite criminals to other states for trial—this provision was not enforceable in the federal courts.. Dennison was overruled by Puerto Rico v. Branstad (1987)..
In Ex parte Royall (1886), the first case heard under the new statute, the court affirmed a habeas denial, holding that the lower federal courts had discretion to grant or deny habeas relief while the petitioner had not exhausted potential state court remedies.Ex parte Royall, 117 U.S. 241 (1886). In Mali v.
McCarthy is also the one who introduced Ex parte Quirin to Lieutenant Commander Charles Swift which would become bases for the military tribunals at the Guantanamo Bay detention camp. While Lieutenant Commander Charles Swift was at the base McCarthy was his supervisor and close friend.Taking on Guantanamo: Power and Politics. Vanity Fair.
The term inter partes is the Latin for "between the parties".Duhaime Legal Dictionary. Accessed July 3, 2008. It can be distinguished from in rem, referring to a legal action whose jurisdiction is based on the control of property, or ex parte referring to a legal action that is by a single party.
L. Rev. 525 (1994). there are exceptions: when the state consents to suit; when the federal government abrogates sovereign immunity by statute; when the federal government is the plaintiff or plaintiff-intervenor; and the category authorized by Ex parte Young (1908). In several cases, Nonintercourse Act plaintiffs have satisfied one of these exceptions.
From February 9, 2015 to March 3, 2015, 47 of the state's 67 counties issued marriage licenses to same-sex couples. On March 3, 2015, the Alabama Supreme Court ruled in the case of Ex parte State ex rel. Alabama Policy Institute and Alabama Citizens Action Program v. King and State v.
Since there was no point of law arising, this created a suspicion that he was taking part in deciding the verdict, and therefore the verdict was quashed. In the case of R v Eccles Justices, ex parte Farrelly (1992) the Queen's Bench Divisional Court quashed convictions because the clerk had apparently assisted and participated in the decision making process. In R v Sussex Justices, ex parte McCarthy (1924), a motorcyclist was involved in a road accident which resulted in his prosecution before a magistrates' court for dangerous driving. Unknown to the defendant and his solicitor, the clerk was a member of the firm of solicitors acting in a civil claim against the defendant arising out of the accident that had given rise to the prosecution.
The Boilermakers applied to the High Court for a writ of prohibition compelling Kirby, Dunphy and Ashburner and the Metal Trades Employers Association, to appear before the High Court to show cause why they should not be prohibited from further proceeding on orders.A writ of prohibition is one of the prerogative writs, which are traditionally brought in the name of the Monarch and the person who must show cause is named as the defendant. In this usage ex parte means 'on the application of' rather than its other use as a case heard in the absence of a party. Thus the case name means the Queen (R) v the defendants (the judges and employers' association); on the application of (ex parte) the Boilermakers.
Ex parte Grossman, 267 U.S. 87 (1925), was a United States Supreme Court case in which the Court held that the President of the United States can pardon criminal contempt of court. Grossman had been convicted of criminal contempt, but was pardoned by the President; the district court had subsequently sent him back to prison.
Davis, David/ U.S. Supreme Court Justice. Ex Parte Milligan. 71 U.S. 2 (4 Wall,) Reappointed by President Andrew Johnson in 1865,Journal of the Executive Proceedings of the Senate of the United States of America, Vol. 14 he was removed by him in 1866 after he publicly denounced the president at a meeting in Indianapolis.
Wilkerson v. Utah (1879), the Court held that execution by firing squad was not cruel and unusual punishment.Wilkerson v. Utah, 99 U.S. (9 Otto) 130 (1879). In Ex parte Reggel (1885), the Court held that the territorial extradition statute—referring to "treason, felony, or other crime"—included misdemeanors.Ex parte Reggel, 114 U.S. 642 (1885).
It said that Mercury had, through its delays, forfeited any right to arbitration. Mercury filed a demand for arbitration the following day. A week later, the hospital filed ex parte in state court for an injunction, which it received, barring Mercury from proceeding with arbitration. Mercury objected and two weeks later the injunction was lifted.
In the matter of the estates of Williams James Thomas GALBRAITH, owner. Ex parte Morgan CROFTON, petitioner. Lot 1, the house and demesne of Macken, and Drumbinnis, Keilagh, Druminisdill, Drumcartagh, and Drumcannon, county of Cavan, containing £74. 0r. 15p. state measure, held in fee farm, producing a gross annual rental of £484, 11s, 10d.
He dismissed out of hand the majority's reliance on Ex parte Curtis and United States v. Wurzbach (concluding that they did not support the conclusions the majority came to), and argued that corruption could be dealt with without resorting to the "muzzling" of six million people.United Public Workers v. Mitchell, 330 U.S. at 112-114.
The prisoner's ex parte application sought only an order requiring the person holding the prisoner to appear before the court to justify the prisoner's detention; no order requiring the freeing of a prisoner could be given until after the jailer was given the opportunity to contest the prisoner's claims at a hearing on the merits.
In the matter of the estates of Williams James Thomas GALBRAITH, owner. Ex parte Morgan CROFTON, petitioner. Lot 1, the house and demesne of Macken, and Drumbinnis, Keilagh, Druminisdill, Drumcartagh, and Drumcannon, county of Cavan, containing £74. 0r. 15p. state measure, held in fee farm, producing a gross annual rental of £484, 11s, 10d.
In the matter of the estates of Williams James Thomas GALBRAITH, owner. Ex parte Morgan CROFTON, petitioner. Lot 1, the house and demesne of Macken, and Drumbinnis, Keilagh, Druminisdill, Drumcartagh, and Drumcannon, county of Cavan, containing £74. 0r. 15p. state measure, held in fee farm, producing a gross annual rental of £484, 11s, 10d.
In the matter of the estates of Williams James Thomas GALBRAITH, owner. Ex parte Morgan CROFTON, petitioner. Lot 1, the house and demesne of Macken, and Drumbinnis, Keilagh, Druminisdill, Drumcartagh, and Drumcannon, county of Cavan, containing £74. 0r. 15p. state measure, held in fee farm, producing a gross annual rental of £484, 11s, 10d.
Wichmannus vero et Ecberhtus scelerum conscii in Galliam profecti, ad Hugonem ducem fuga elapsi sunt." and, in less detail, in Thietmar of Merseburg's Chronicon lib. II.12.Thietmar Chron. II.12 cod. 1: "Dum haec aguntur, ex parte Sclavorum bellum ingruit horridum, hortatu Vigmanni comitis et Ekberhti, ducatu autem Nacconis et Stoinnegui fratris eius.
In the matter of the estates of Williams James Thomas GALBRAITH, owner. Ex parte Morgan CROFTON, petitioner. Lot 1, the house and demesne of Macken, and Drumbinnis, Keilagh, Druminisdill, Drumcartagh, and Drumcannon, county of Cavan, containing £74. 0r. 15p. state measure, held in fee farm, producing a gross annual rental of £484, 11s, 10d.
Lincoln's action was rapidly challenged in court and overturned by the U.S. Circuit Court of Appeals in Maryland (led by the Chief Justice of the Supreme Court, Roger B. Taney) in Ex parte Merryman. Chief Justice Taney ruled the suspension unconstitutional, stating that only Congress could suspend habeas corpus.17 F. Cas. 144 (C.
In the matter of the estates of Williams James Thomas GALBRAITH, owner. Ex parte Morgan CROFTON, petitioner. Lot 1, the house and demesne of Macken, and Drumbinnis, Keilagh, Druminisdill, Drumcartagh, and Drumcannon, county of Cavan, containing £74. 0r. 15p. state measure, held in fee farm, producing a gross annual rental of £484, 11s, 10d.
The axiom is from R. v. Sussex Justices, ex parte McCarthy [1924] 1 K.B. 256 at 259, Divisional Court (England and Wales). He also recognized that a balance must be struck between "ensuring that public confidence does not falter as a result of such attacks" and not "unduly restricting public discussion on the administration of justice".Shadrake (H.
The Supreme Court never had an opportunity to exercise the authority to hear appeals from habeas petitions in the circuit courts. In Ex parte McCardle (1867), the first such case, the Court denied a motion to dismiss, finding that it had such jurisdiction.Ex parte McCardle, 73 U.S. (6 Wall.) 318 (1867). See also Van Alstyne, 1973, at 237-38.
During the Chase Court-era, Congress had stripped the Court of the authority to hear appeals from habeas petitions in the circuit courts.Act of Mar. 27, 1868, 15 Stat. 44. In Ex parte Royall (1884), the Waite Court dismissed such an appeal, holding that the jurisdiction had never been restored.Ex parte Royall, 112 U.S. 181 (1884).
Only the deceased would have had access to his computer at work; no one else could have typed the will and left it there. The court held that all three requirements in Ex Parte Maurice were present, as it was highly probable that the document was drafted by the deceased himself. The court declared the will valid.
This had a significant effect on the financial status of Return Mail, Inc., with Hungerpiller forced to lay off many of his staff. The USPS sought ex parte reexamination of Hungerpiller's patent in 2006, seeking to negate it. The Unites States Patent and Trademark Office reviewed the request but ultimately decided that the patent was still valid.
After the war was over, the Court would again revisit this issue in Ex parte Milligan, a similar case where, instead of appealing his sentence by a military tribunal, Milligan would file for a writ of habeas corpus. Then, the court upheld Milligan and Vallandigham's claim that military tribunals lacked authority to try civilians when civil courts were open.
Thompson, pp. 89-90. Ex parte McCardle concerned the legal authority of the occupying Union Army. Confederate Colonel William L. McCardle, the editor of the Vicksburg Times, was charged with defying military authority by inciting rebellion, libeling federal officials, and intimidating voters. After the circuit court denied him a writ of habeas corpus, McCardle appealed to the Supreme Court.
In R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 3), the House ruled that Pinochet did not enjoy immunity from prosecution for torture, but only as it applied after 8 December 1988, when section 134 of the Criminal Justice Act 1988, giving UK courts universal jurisdiction over crimes of torture, came into effect.
In 1951, executive secretary, Abner Green went to imprisoned for six months for refusing to submit names of contributors. In January 1952, Carol Weiss King, general counsel, died. From 1955 to 1957, the committee faced a charge of violating charitable laws. In 1957, a New York State Supreme Court ex parte injunction stopped the committee from all activities.
With a creative flair, Boskey proposed to Stone the so-called "satisfactory alternative method" to give the Court the standing to review the Saboteurs Case.Davies, Ross E. (June 13, 2016), "Some Clerical Contributions to Ex Parte Quirin." SSRN; and Boskey, Bennett, "A Justice's Papers: Chief Justice's Stone's Biographer and the Saboteur's Case," 14 Sup. Ct. H. Soc.
"Ordinarily resident" has not been defined by Act of Parliament. It has been developed in caselaw. The leading case is R V. Barnet London Borough Council, Ex parte Nilish Shah, which was decided by the House of Lords in 1982. The case was concerned with the meaning of ‘ordinary residence’ as used in the Education Acts.
It is based on the requirement that for any decision-making process, "it is not merely of some importance, but of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done".R. v. Sussex Justices, ex parte McCarthy [1924] 1 K.B. 256, H.C. (Div. Ct.) (England and Wales).
In Ex Parte Steenkamp and Steenkamp, an important case in the South African law of succession, Mr. and Mrs. K. bequeathed a farm and certain movable property to their children born and to be born of their daughter. Their son- in-law subsequently murdered Mr. and Mrs. K. At the time of their deaths, Mr. and Mrs.
The inference to be made from ex parte Hargreaves was that where an applicant claimed to have a substantive expectation, it was not for the court to judge if that expectation should be protected vis-à-vis the broader public interest. The court should only intervene if the decision-maker's exercise of its discretion satisfied the Wednesbury threshold.
747 requests for ex parte reexaminations were filed in FY2012 (corresponding to about 0.28% of the total number of patents issued that year), though roughly 90% of these requests were made by the patent owner.USPTO FY2012 Performance and Accountability Report, Tables 14A and 6 Some 640 requests for inter partes reexaminations were filed during FY2012, a figure that has been rising susbstantially every year and a fourfold increase since FY2008.USPTO FY2012 Performance and Accountability Report, Table 14B Statistics released by the USPTO for reexaminations for the period of 1981 to 2007 showed that for ex parte reexaminations, claims were changed in average 64% of the cases. In 26% of the cases, all claims are confirmed with no changes, while in 10% of the cases, all claims were invalidated.
In ex parte Milligan, the United States Supreme Court held that the Habeas Corpus Suspension Act did not authorize military tribunals, that as a matter of constitutional law the suspension of habeas corpus did not itself authorize trial by military tribunals, and that neither the Act nor the laws of war permitted the imposition of martial law where civilian courts were open and operating unimpeded.Ex parte Milligan, . The Court had earlier avoided the questions arising in ex parte Milligan regarding the Habeas Corpus Suspension Act in a case concerning former Congressman and Ohio Copperhead politician Clement Vallandigham. General Ambrose E. Burnside had him arrested in May 1863 claiming his anti-Lincoln and anti-war speeches continued to give aid to the enemy after his having been warned to cease doing so.
In the United States, the availability of ex parte orders or decrees from both federal and state courts is sharply limited by the Fifth and Fourteenth Amendments, which provide that a person shall not be deprived of any interest in liberty or property without due process of law. In practice this has been interpreted to require adequate notice of the request for judicial relief and an opportunity to be heard concerning the merits of such relief. A court order issued on the basis of an ex parte proceeding, therefore, will necessarily be temporary and interim in nature, and the person(s) affected by the order must be given an opportunity to contest the appropriateness of the order before it can be made permanent. There are exceptions to this.
79, 1981, p.32, note 133 In Whitehouse v Lemon (as Whitehouse v Gay News Ltd [1979] when it reached the Law Lords), Lord Scarman said that the offence did not protect the religious beliefs and feelings of non-Christians. He said it was "shackled by the chains of history" in this respect.Whitehouse v Gay News Ltd [1979] AC 617 at 658, HL In R v Chief Metropolitan Stipendiary Magistrate, ex parte Choudhury (1991),R v Chief Metropolitan Stipendiary Magistrate, ex parte Choudhury [1991] 1 QB 429, [1990] 3 WLR 986, [1991] 1 All ER 306, 91 Cr App R 393, [1990] Crim LR 711, DC the Divisional Court held that the offences prohibited attacks only on the Christian religion, and did not prohibit attacks on the Islamic religion.
Nonetheless, the USPTO has requested comments from the public on this position. The Federal Circuit has ruled, in In re Nuijten,500 F.3d 1346 (Fed. Cir. 2007) that signals are not statutory subject matter, because articles of manufacture (the only plausible category under ) do not include intangible, incorporeal, transitory entities. The USPTO was prompted to issue the guidelines by a recent decision by their board of appeals, Ex Parte Lundgren.Precedential opinion, Paper No. 78, United States Patent and Trademark Office, Before the Board of Patent Appeals and Interferences, Ex parte Carl A. Lundgren , Appeal No. 2003-2088, Application 08/093,516 April 20, 2004 This decision asserted that according to US judicial opinions, inventions do not have to be in the "technological arts" to satisfy the requirements of .
Warman is also known for his attempt to have the Canadian Radio-television and Telecommunications Commission (CRTC) block access to two United States-based websites that included what Bernie Farber of the Canadian Jewish Congress described as a "murder warrant" against Warman by U.S. neo-Nazi Bill White. In refusing the initial ex parte application, the CRTC stated: > In the Commission's view, given the unprecedented nature of the relief > sought in the Application and the serious and fundamental issues it raises, > as well as the fact that the specific approval is being sought in favour of > Canadian carriers without notice to such carriers, it would be inappropriate > to consider granting the interim relief sought in the Application on an ex > parte basis, and in particular without affording Canadian carriers and all > other interested parties the opportunity to comment."CRTC page about the ex > parte application", August 22, 2006Michael Geist, "Tough Choice for CRTC in > Hate Blocking Case", August 28, 2006Michael Geist, "CRTC Denies Hate Site > Request", August 25, 2006 White was subsequently indicted by a U.S. grand jury for the death threats against Warman and others and remains in custody pending trial. The grand jury heard testimony from both Bernie Farber and Warman.
Thus, the appellant could not object that some of the charges against him were based on facts not mentioned in the Inquiry Committee's report.Lim Chor Pee, pp. 239–240, para. 46. The decision was affirmed by the Court of Appeal.Re Lim Chor Pee, ex parte Law Society of Singapore [1985–1986] S.L.R.(R.) 998, C.A. (Singapore) ("Lim Chor Pee (C.A.)").
Since this case, the Commonwealth has had at least the ability to regulate the trading activities of trading corporations, thus opening the way for an expansion in Commonwealth power. The width of this power was later considered again in the cases of Actors and Announcers Equity Association v Fontana Films,. Commonwealth v Tasmania (the Tasmanian Dam Case),. Re Dingjan; Ex parte Wagner,.
The plaintiff in the case, Mitsuye Endo, had worked as a clerk for the California Department of Motor Vehicles in Sacramento prior to the war. After the attack on Pearl Harbor soured public sentiment toward Japanese Americans, Endo and other Nisei state employees were harassed and eventually fired because of their Japanese ancestry.Brian Niiya. "Ex parte Endo" Densho Encyclopedia (accessed 5 June 2014).
After R v. Knowles, ex parte Somersett (1772) 20 State Tr 1 the law remained unsettled, although the decision was a significant advance for, at the least, preventing the forceable removal of anyone from England, whether or not a slave, against his will. A man named James Somersett was the slave of a Boston customs officer. They came to England, and Somersett escaped.
Rita Sorell, the firm's opponent in the divorce action. That sort of ex parte communication is highly improper. Later, she asked the lawyer about it, and he wouldn't discuss the matter. She won't take the problem to the firm's senior member, Lamont Otis, because she fears that the news, coupled with Otis's advanced age and heart condition, will kill him.
Kimel invalidated the ADEA insofar as it allowed plaintiffs to sue states for money damages.Although the Kimel decision bars state employees from suing states for money damages for age discrimination, it is still possible to sue under Ex parte Young (1908) for prospective injunctive relief. See State Police for Automatic Retirement Ass'n v. DiFava, 317 F.3d 6, 12 (1st Cir.
Regina v. Special Adjudicator ex parte Ullah, also known as Do v. Secretary of State for the Home Department [2004] UKHL 26 on appeal from [2002] EWCA Civ 1856, was a legal case in the United Kingdom. This was a joint decision, meaning two cases were heard at the same time, so the case may be cited as either of the case titles.
John Merryman, one Maryland official hindering the U.S. troop movements, petitioned Supreme Court Chief Justice Roger B. Taney to issue a writ of habeas corpus. In June Taney, ruling only for the lower circuit court in ex parte Merryman, issued the writ which he felt could only be suspended by Congress. Lincoln persisted with the policy of suspension in select areas.
The "Davis Package Law", enacted in 1915, prohibited the sell of alcoholic beverages in packages smaller than 1 pint, open containers, and consumption at the point of sale. In Ex parte Pricha,, liquor dealers contended the law violated Florida's Constitution, "by depriving citizens of . . . inalienable rights, including acquiring, possessing, and protecting property, without due process." The court split, writing four different decisions.
After the war, the U.S. Supreme Court ruled the trials unconstitutional in the case of Ex parte Milligan. After the war ended, Hovey was brevetted as a major general before resigning from the army. He then remarried to Rosa Alice, the stepdaughter of Caleb B. Smith, in 1865. He was then appointed as Minister to Peru and dispatched to the country.
Uganda v. Commissioner of Prisons, Ex Parte Michael Matovu,East Africa Law Reports, Volume 1 of 1966 at page 514. [1966] 1 EA 514. [1966] 1 EA 514, is a decision of the High Court of Uganda in which Hans Kelsen's "General Theory on Law and State" and the Political Question Doctrine were considered in determining the legal validity of Uganda's 1966 Constitution.
The Crown appealed from the Quebec Queen's Bench to the Judicial Committee of the Privy Council, sitting in London. (The Supreme Court of Canada had not yet been created.) As the accused did not appear by counsel, the Committee heard the case ex parte on 11 March 1873. The appellant Crown was represented by Sir John Karslake, Q.C., and H.M. Bompas.R. v.
Instances may arise when it is impossible to obey two laws simultaneously. A classical example is R v Licensing Court of Brisbane; Ex parte Daniell. A state referendum on liquor trading hours was fixed by State law for the same day as a federal Senate election. The Commonwealth law provided that a State referendum could not be held on that day.
Ex parte Quayle, 25 USPQ 74, 1935 C.D. 11; 453 O.G. 213 (Comm'r Pat. 1935) is a United States patent law decision. When a patent application is in condition for allowance, prosecution on the merits is closed. At this time, further amendments of the patent application are allowed only to correct formal objections, which typically include minor and obvious mistakes.
The Supreme Court has consistently affirmed their Constitutionality, and has delineated their power on several occasions. In Murray's Lessee v. Hoboken Land & Improvement Co. () the Supreme Court ruled that some legal matters, specifically those involving public rights, are inherently judicial, and thus Article I tribunal decisions are susceptible to review by an Article III court. Later, in Ex parte Bakelite Corp.
In R v Northumberland Compensation Appeal Tribunal, ex parte Shaw (1951),R v Northumberland Compensation Appeal Tribunal, ex parte Shaw [1952] 1 KB 338, Court of Appeal (England & Wales). Denning L.J. stated: "I think the record must contain at least the document which initiates the proceedings; the pleadings, if any; and the adjudication; but not the evidence, nor the reasons, unless the tribunal chooses to incorporate them. If the tribunal does state its reasons, and those reasons are wrong in law, certiorari lies to quash the decision." It has been stated that "no single factor has inhibited the development of English administrative law as seriously as the absence of any general obligation upon public authorities to give reasons for their decisions".. Historically, uncontrolled public decisions have led to poor outcomes and disrespect for the decision-makers.
Noting that the train still was not slowing after passing the signal, the engineer engaged the emergency brake and sounded the locomotive's horn. Also observing the excessive speed of 4876 was an assistant train director in Interlocking Tower 'C', who radioed ahead to Tower 'K'. The train director in Tower 'K' had the switches changed to allow 4876 to enter Union Station on Track 16, its regularly assigned track."Ex Parte No. 184", p. 8. Having insufficient time to switch the runaway on to another track, the director alerted the station master's office which was situated at the end of Track 16. Still traveling at around , 4876 rammed the buffer stop and continued into the concourse of Union Station, before partially falling through the floor into the baggage room below."Ex Parte No. 184", p. 5.
An example of the former would be paying off a legitimate debt, whereas an example of the latter would be hiding the assets in overseas banks on receiving notice of the action. A freezing order will usually only be made where the claimant can show that there was at least a good arguable case that they would succeed at trial and that the refusal of an injunction would involve a real risk that a judgment or award in their favour would remain unsatisfied. It is recognised as being quite harsh on defendants because the order is often granted at the pre-trial stage in ex parte hearings, based on affidavit evidence alone. To prevent potential injustice and abuse of the Court's powers in an ex parte proceeding, moving parties are required to provide full and frank disclosure at such proceeding.
However, this decision did not apply to North Africans or non-Levantine Arabs, and some courts claimed that only Syrians (and not other Arab persons) were white. The situation was resolved in 1943, when all Arabs and North Africans were deemed white by the federal government. Ex Parte Mohriez (1944), and the 1977 OMB Directive 15 include Middle Eastern and North African in the definition of white.
Clement Vallandigham, an Ohio politician and anti-war Democrat, was placed under arrest on May 5, 1863, taken to Cincinnati for a trial before a military commission, and jailed. Vallandigham was found guilty and sentenced to prison for the remainder of the war, but Lincoln commuted the sentence. Vallandigham's petition to the U.S. Supreme Court, known as Ex parte Vallandigham, was denied.Nolan, pp. 32–33.
Ex parte Milligan became well known as the leading U.S. Supreme Court case that found the president went beyond his legal powers to suppress dissenters during the American Civil War. The decision also helped establish the tradition that presidential and military action "based on war" had limits. After Milligan's release from prison, he returned to his home and law practice in Huntington, Indiana.Sharp, p. 44.
Unlike in the United States, and in the United Kingdom,, where the House of Lords accepted that specific exclusions exist. there is no doctrine forbidding the courts from reviewing "political questions".Re Ditfort; Ex Parte Deputy Commissioner of Taxation (NSW) [1988 FCA 490] (1988) 19 FCR 347. While no specific exclusion exists it is likely that the courts would be reluctant to intervene in certain matters.
Padilla cases. Graham asked whether there have ever been any cases in which a foreign non-citizen soldier/fighter brought suit in a U.S. court. Alito was asked whether any enemy prisoner of war ever brought a federal habeas corpus case. There were two cases, the Six Saboteurs, Ex parte Quirin where even U.S. citizens are not entitled to federal courts but allowed only military tribunals.
In Ex parte Robinson (1873), on a petition for a writ of mandamus, the Court held that fines and imprisonment are the only punishments authorized by the Judiciary Act of 1789 for contempt of court. Thus, where attorney misconduct took place before a criminal grand jury, the Court held that the attorney could not be disbarred for contempt.Ex parte Robinson, 86 U.S. (19 Wall.) 505 (1873).
Ex parte Heath, 455 So.2d 905 (Ala. 1984). The United States Supreme Court then granted certiorari to determine whether the conviction of Heath violated the precedent that had been set by an earlier case, Brown v. Ohio, 432 U.S. 161 (1977), in which the Court had held that one cannot be punished consecutively for two different offenses if the proof of both offenses is identical.
In Ex Parte Dittmarn is an important case in the South African law of succession. The testator’s will provided that a farm should be sold by public auction. A sale was advertised, but the highest bid was not considered high enough to be a true reflection of its value. The farm was therefore withdrawn and sold out of hand for a price considerably higher than the bid.
Under Williams v. North Carolina, 325 U.S. 226 (1945), the other spouse can collaterally attack the validity of the ex-parte divorce in another state on grounds that the state granting the divorce didn't have jurisdiction. This involves arguing that the spouse seeking the divorce in that state was not domiciled in that state. Where the divorce is bilateral, both parties appear in the divorcing court.
From this it may be seen that commentators agree that administrative law is concerned with attaining administrative efficiency, and with ensuring that this power is tightly controlled, so that no abuse may occur. In Pharmaceutical Manufacturers Association of South Africa: In re Ex Parte President of the Republic of South Africa,2000 (2) SA 674. it was held that administrative law forms the core of public law.
The fact that such a person would also be a U.S. citizen would not alter this conclusion. The Supreme Court has held that the military may constitutionally use force against a U.S. citizen who is a part of enemy forces. See Hamdi, 542 U.S. 507, 518 (2004) (plurality opinion); id. at 587, 597 (Thomas, J., dissenting); Ex Parte Quirin, 317 U.S. at 37-38.
Following the release of the Court's opinion, commentators described Davis v. Ayala as "an important case raising claims about jury selection and harmless error".Brandon Garrett, UVA Law Faculty Comment on Supreme Court Decisions, . Steve Vladeck wrote that "[g]oing forward, the dispute between the majority and dissent will have an especially significant effect on cases in which trial courts conduct Batson proceedings ex parte".
Some courts in California have procedures to allow opponents to appear telephonically, while other courts do not allow any oral argument and only consider written papers.See California Rule of Court 3.1213, Rule 3.1203. Time of notice to other parties. In California, the party who files an ex parte application must file a declaration showing compliance with these requirements, and no relief may be granted absent such declaration.
9 (1993 ed.) ("[I]n enacting patent legislation, Congress is confined to the promotion of the 'useful arts,' not 'science' (i.e., knowledge) in general.... The general purpose of the statutory classes of subject matter is to limit patent protection to the field of applied technology, what the United States constitution calls 'the useful arts.'"). See also PTO administrative decision, Ex parte Alappat, 23 U.S.P.Q.2d (B.
During the Irish Rebellion of 1641 he remained a committed Royalist, and by his own account suffered much damage to his property as a result.Smyth p.177 He lived at Balyna, near Moyvalley, County Kildare: in 1642 he petitioned the Crown for redress for the great loss and damage he had suffered.,Deposition of Richard Butler ex parte Sir William Sambach which he estimated at £3800.
After apparent outrage from the white communities in the area, Crow Dog was tried in a federal district court and sentenced to hang.Langland, at 115. Crow Dog appealed his conviction to the U.S. Supreme Court, and in Ex parte Crow DogEx parte Crow Dog, . the Court overturned the conviction, stating that it was not against federal law for one Indian to kill another Indian on reservation territory.
In United States patent law, an obviousness rejection based on a single reference. Generally a case for an obviousness rejection requires the examiner to rely on 2 or more references. Sandor Obviousness stems from Ex Parte Sandor Nagy where the examiner relied on only a single reference to reject the claims at issue. Ultimately the case was remanded on appeal back to the examiner.
When Chief Justice Taney issued a writ of habeas corpus for Merryman, Cadwalader ignored him, stating that he was authorized by the President to suspend habeas corpus. This dispute resulted in the important case of Ex parte Merryman. Cadwalader later took command of the 1st Division in Robert Patterson's Army of the Shenandoah. On May 25, 1862, he was commissioned major general in the United States Volunteers.
Ex parte Young (1908) determined that a citizen could sue a state official to prevent that official from carrying out a state policy that was deemed unconstitutional. Fitzpatrick v. Bitzer found that the Fourteenth Amendment gave the Congress the power to abrogate state immunity from suit to the extent that this was necessary to protect Constitutional rights protected by the Amendment. In 1987, Welch v.
In response to a public letter issued at the meeting of angry Democrats in Albany, Lincoln's "Letter to Erastus Corning et al." of June 12, 1863, explains his justification for supporting the court-martial's conviction. In February 1864, the Supreme Court ruled that it had no power to issue a writ of habeas corpus to a military commission (Ex parte Vallandigham, 1 Wallace, 243).
John Clark's gravestone at the Marietta National Cemetery, Marietta, Georgia Clark served in the Georgia House of Representatives prior to being elected to consecutive two-year terms as the 31st Governor, from 1819 to 1823. During his term, he successfully defended states' rights in a US Supreme Court, Ex parte Madrazzo, over a Spanish citizen who claimed that he owned some of Clark's slaves.
The patent examiner rejected all 11 of the claims on the grounds that "the invention is not implemented on a specific apparatus and merely manipulates [an] abstract idea and solves a purely mathematical problem without any limitation to a practical application, therefore, the invention is not directed to the technological arts." Ex parte Bilski, No. 2002-2257 (B.P.A.I. Sept. 26, 2006) (last viewed July 3, 2015).
The purpose of a provisional remedy is the preservation of the status quo until final disposition of a matter can occur. Under United States law, FRCP 64 provides with several types of seizure (e.g. garnishment, replevin, attachment) that a Federal Court may use pursuant to state law. FRCP 65 concerns Temporary Restraining Order (may be made ex parte) and preliminary injunction (requires some hearing).
A.), p. 36, paras. 84–85. The Court was also referred to the House of Lords case of R. v. Secretary of State for the Home Department, ex parte Fire Brigades Union (1995).. Their Lordships held that the Home Secretary only had a duty to keep the implementation of a statutory scheme under active consideration until and unless Parliament decided to repeal the statute.
TCA 40-32-101(a)(5) All public records concerning an order of protection [ex-parte, exparte] authorized by title 36, chapter 3, part 6, which was successfully defended and denied by the court following a hearing conducted pursuant to § 36-3-605, shall, upon petition by that person to the court denying the order, be removed and destroyed without cost to the person.
Justice Chang Min Tat rejected the arguments of the applicants. In his judgement, Chang stated that clauses (2), (3) and (4) of Article 10 allowed Parliament to restrict the freedoms of Article 10, and thus there was no unconstitutional infringement of the applicants' rights. Chang also cited the judgement in the British case of R. v. Comptroller of Patents-ex parte Bayer Products Ltd.
Secretary of State for Home Affairs, ex parte Greene [1942] 1 KB 87 The court ruled that it was not able to question the discretion of the Home Secretary, honestly exercised.Simpson (1992) pp. 361–362. Greene appealed to the Judicial Committee of the House of Lords and his case was joined with that of another detainee, Robert Liversidge. The case was heard as Liversidge v.
Found guilty, he was sentenced to death. A habeas corpus appeal made its way from the federal circuit court in Indianapolis to the U.S. Supreme Court, which in 1866 ruled that the application of military tribunals to citizens when civil courts are open and operating was unconstitutional. See Ex parte Milligan . Following the Court's ruling on April 3, 1866, Milligan and the others were released from custody.
Noble Warrum. Utah Since Statehood, historical and biographical (Chicago: S. J. Clark, 1919) Vol. 1, p. 96 Among other cases, Richards was the legal counsel for Lorenzo Snow in his case before the United States Supreme Court,Ex Parte Snow in which a complex scheme was overturned which would have given polygamous Mormon men essentially life sentences for unlawful cohabitation under the Edmunds Act.
In the context of American law, a proceeding de bene esse is one "which [is] taken ex parte or provisionally and [is] allowed to stand as well done for the present."Black's Law Dictionary, 5th edition. A deposition that is used or intended to be used in place of a witness' live testimony in court is referred to as a de bene esse deposition.See, e.g.
81 and 137. Many Marylanders, including Booth, agreed with the ruling of Marylander and U.S. Supreme Court Chief Justice Roger B. Taney, in Ex parte Merryman, that Lincoln's suspension of habeas corpus in Maryland was unconstitutional.Kauffman, American Brutus, pp. 114–117. As a popular actor in the 1860s, Booth continued to travel extensively to perform in the North and South, and as far west as New Orleans.
In 1907, in Ex parte H.V. McKay,Ex parte H.V. McKay (1907) 2 CAR 1. more commonly known as the Harvester case, H.B. Higgins of the Commonwealth Court of Conciliation and Arbitration determined that "fair and reasonable" wages for an unskilled male worker required a living wage that was sufficient for "a human being in a civilised community" to support a wife and three children in "frugal comfort", while a skilled worker should receive an additional margin for their skills, regardless of the employer's capacity to pay. That wage was to be determined according to the needs of a male worker not according to the worker's value to the employer. However, a "fair and reasonable wage" for a female worker was considered by Higgins in 1912 in the Fruit pickers case,Rural Workers’ Union v Mildura Branch of the Australian Dried Fruits Association (Fruit pickers case) (1912) 6 CAR 61.
"Anxious scrutiny" review refers to a more stringent level of scrutiny that is applied when the subject matter of a decision by a public authority relates to human rights.. The term originates from the judgment of Lord Bridge of Harwich in R. v. Secretary of State for the Home Department, ex parte Bugdaycay (1986),. where his Lordship said: "The most fundamental of human rights is the individual's right to life and when an administrative decision under challenge is said to be one which may put the applicant's life at risk, the basis of the decision must surely call for the most anxious scrutiny".Ex parte Bugdaycay, p. 531. This approach can be seen to be in line with the UK judiciary's increasing focus on human rights protection, particularly after the entry into force of the Human Rights Act 1998Human Rights Act 1998 (1998 c.
The following year, while Ex parte McCardle was pending before the Supreme Court, Congress repealed the portion of the act that authorized the Supreme Court to hear habeas appeals from the circuit courts.Act of Mar. 27, 1868, 15 Stat. 44. Third, the Judiciary Act of 1869, also known as the Circuit Judges Act, created full-time judges to sit on the circuit courts.Judiciary Act of 1869, 16 Stat. 44.
Ex Parte Douallier is a case in South African succession law. In the case, certain premises had been bequeathed to the petitioner, and after her death to her eldest child, on the condition that she was not to mortgage or alienate the property. The petitioner was too poor to pay the costs of transfer or to repair the premises, which were fast becoming uninhabitable. The eldest child was a minor.
The surviving Stedinger surrendered to the archbishop and accepted his demands. Their freeholds were confiscated, those in the north to the county of Oldenburg, those in the south to the archbishopric of Bremen. On 21 August 1235, in the letter Ex parte universitatis, Pope Gregory ordered the lifting of their excommunication. According to Emo of Wittewierum, some Stedinger escaped to Frisia or found refuge in the north German towns.
Justice Reed then used a traditional balancing test to weight the infringement of First and Fifth amendment rights against "a congressional enactment to protect a democratic society against the supposed evil of political partisanship by classified employees of government."United Public Workers v. Mitchell, 330 U.S. at 96. That balance had been decided previously by the Court in Ex parte Curtis, 106 U.S. 371 (1882), and the infringements upheld.
In Ex parte Collins, the judge had held that an estate consists both of assets and of liabilities. If there were no assets but only liabilities, there could be no estate (and vice versa). Were this proposition correct, no order of compulsory sequestration could be granted where the debtor, immediately prior to the application for sequestration, had got rid of all his assets by a series of depositions.
Article 6 provides that such measures may be taken "without the other party having been heard, in particular where any delay is likely to cause irreparable harm to the rights holder or where there is a demonstrable risk of evidence being destroyed". These are interlocutory, ex parte and in personam orders known in the English and Irish jurisdictions as Anton Piller orders; they are not used outside the UK and Ireland.
Ex parte Bo Li, Appeal 2008-1213, at 9 (BPAI 2008) and MPEP 2105.01, I. However, although time has rendered the issue essentially moot with regard to conventional media, such claims were originally and perhaps still can be more widely applied.Richard H. Stern, An Attempt To Rationalize Floppy Disk Claims , 17 J. Marshall J. Computer & Info. L. 183 (1998). The particular inventions to which Beauregard-style claims were originally directed—i.e.
They have absolute immunity from liability for their judicial acts and are triers of fact "insulated from political influence". Federal administrative law judges are not responsible to, or subject to, the supervision or direction of employees or agents of the federal agency engaged in the performance of investigative or prosecution functions for the agency. Ex parte communications are prohibited. ALJs are exempt from performance ratings, evaluation, and bonuses.
The Bill was reintroduced in 1948 and again in 1949, before the 1911 Act was finally used to force it through.R. v. H.M. Attorney General, ex parte Jackson [2005] EWHC 94 (Admin), 28 January 2005 Since the 1911 Act required a delay over three "sessions", a special short "session" of parliament was introduced in 1948, with a King's Speech on 14 September 1948, and prorogation on 25 October 1948.
VidAngel requested an appeal or clarification of the injunction, specifically whether their new streaming-filter service was a violation of the injunction. Disney et al. responded with a request for an ex parte ruling, arguing that VidAngel violated procedural rules by not notifying Disney of their intentions of filing such an appeal or clarification. On August 2, 2017, Judge Birotte rejected VidAngel's request for appeal or clarification of the injunction.
A painting of the 1840 Anti- Slavery Conference. Protector of Slaves Office (Trinidad), Richard Bridgens, 1838."Inventory of the Archives of the Registrar and Guardian of Slaves, 1717–1848" In 1772, the Somersett Case (R. v. Knowles, ex parte Somersett)(1772) 20 State Tr 1; (1772) Lofft 1 of the English Court of King's Bench ruled that it was unlawful for a slave to be forcibly taken abroad.
R v Secretary of State for Foreign and Commonwealth Affairs, ex parte World Development Movement Ltd is a judicial review case in English law decided by the Divisional Court of England and Wales on 10 November 1994 in which the World Development Movement challenged the decision of the United Kingdom's Secretary of State for Foreign and Commonwealth Affairs to spend £234 million on a development project on Malaysia's Pergau Dam..
In Ex parte Merryman, Taney held that the president could not suspend the writ of habeas corpus. At the time of Taney's death in 1864, he was widely reviled in the North, and he continues to have a controversial historical reputation. The Dred Scott ruling is widely considered to be one of the worst Supreme Court decisions ever made, though some scholars hold other aspects of Taney's tenure in high regard.
Notably, while Ponce de Minerva is named among those who ex parte regis Fernandi iuraument (of the part of King Ferdinand swore the oath), Ponce de Cabrera is listed among the Castilians, probably an exile from León. Sancho III died on 31 August and Ferdinand promptly made a claim on Castile and occupied some territories, while the Castilian aristocracy descended into a civil war for control of Sancho's heir, Alfonso VIII.
The Domestic Violence Intervention Unit's primary responsibility is response to domestic-related 9-1-1 calls, court-ordered psychiatric commitments, and ex parte protective order service. The Prince George's DV Unit was the first in the State of Maryland and the first to operate on a 24-hour basis, and is considered a nationally recognized model. The unit receives on average over 1,200 orders per month, the highest in the state.
The USPTO continued to require, however, that business method inventions must apply, involve, use or advance the "technological arts" in order to be patentable. This was based on an unpublished decision of the U.S. Board of Patent Appeals and Interferences, Ex Parte Bowman, 61 USPQ2d 1665, 1671 (Bd Pat. App. & Inter. 2001). This requirement could be met by merely requiring that the invention be carried out on a computer.
Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United States Code, and enhanced enforcement remedies through the use of ex parte seizures and the award of treble profits or damages (whichever is greater). In 1999, the Anticybersquatting Consumer Protection Act inserted , and amended .
This explains why referrals of power are usually very narrow. Referrals usually include in their terms an expiry period, after which a further referral is required. Limitations of time were upheld as valid by the High Court in 1964,The Queen v Public Vehicles Licensing Appeal Tribunal (Tas.); Ex parte Australian National Airways Pty Ltd (1964) 113 CLR 207. although the general issue of revocability was not resolved.
There are also case based exceptions to the Salomon principle, though their restrictive scope is not wholly stable. The present rule under English law is that only where a company was set up to commission fraud,e.g. Re Darby, ex parte Brougham [1911] 1 KB 95 or to avoid a pre-existing obligation can its separate identity be ignored. This follows from the leading case, Adams v Cape Industries plc.
This can be gleaned from the case of R. v. Boundary Commission for England, ex parte Foot (1983),. where the Court of Appeal of England and Wales was unwilling to overrule certain recommendations of the Commission as it had rightfully taken all the correct considerations laid down in the relevant statute. The Court emphasized that the weighing of those relevant considerations was a matter for the Commission, not the courts.
In certain types of cases, Article III courts may exercise appellate jurisdiction over Article I courts. In Murray's Lessee v. Hoboken Land & Improvement Co. (), the Court held that "there are legal matters, involving public rights, which may be presented in such form that the judicial power is capable of acting on them," and which are susceptible to review by an Article III court. Later, in Ex parte Bakelite Corp.
Ex Parte Chairperson of the Constitutional Assembly 1996 (4) SA 744 (CC), para 100. To prohibit such a relationship, and thus to impair the spouses in their duty of cohabitation, would be to frustrate them in their personal fulfilment, and hence would amount to a limitation on the right to dignity.Dawood, para 37. Whether or not such a limitation is constitutional will depend, in terms of the Constitution,s 36(1).
A person can only obtain damages if he or she also has a parallel cause of action in private law (for example, in the law of contract or tort), and the non- fulfilment of a legitimate expectation is only likely to give rise to such a cause of action on rare occasions.Steele, pp. 322–323. In R. v. Commissioners of Custom and Excise, ex parte F & I Services Ltd. (2001).
It is this protection of fairness that made way for the courts' acknowledgement of legitimate expectations. In their elaboration of the doctrine, courts of the United Kingdom adopted other key aspects of judicial review such as Wednesbury unreasonableness, fairness,R v Inland Revenue Commissioners, ex parte M.F.K. Underwriting Agents Ltd. (1989) [1990] 1 W.L.R. 1545 at 1569–1570, High Court (Queen's Bench) (England & Wales). and abuse of power.
A procedural legitimate expectation by an individual or group rests on the presumption that the decision-maker will follow a certain procedure in advance of a decision being taken. This expectation can manifest in various ways, such as the expectation of being consulted;GCHQ case, p. 401. of an inquiry being held;R. v. Liverpool Corporation, ex parte Liverpool Taxi Fleet Operators' Association [1972] 2 Q.B. 299, C.A. (England & Wales).
Rooted in the principle of natural justice, procedural legitimate expectation protects procedural interests of the individual in public law. Although procedural expectations by applicants may manifest in various forms, they are all aspects of the "right to a hearing", which an individual affected by a decision enjoys.R. v. Secretary of State for Transport, ex parte Richmond-upon-Thames London Borough Council [1994] 1 W.L.R. 74 at 93, C.A. (England & Wales).
On July 24, 2015, the Texas Third Court of Appeals dismissed the indictment for coercion of a public official on the basis that the indictment violated Perry's First Amendment rights to free speech. The indictment for abuse of power, a charge which his lawyers said is a misdemeanor, was likewise dismissed, in February 2016.Ex Parte Perry, PD-1067-15, Texas Court of Criminal Appeals (February 24, 2016).
Ex parte Fisk, 113 U.S. 713 (1885), was a case in which Francis B. Fogg brought suit in the Supreme Court of the State of New York against Fisk to recover the sum of $63,250 on the allegation of false and fraudulent representations made by Fisk in the sale of certain mining stocks.. Fisk was held in contempt when he declined to answer questions his attorney believed violated the Fifth Amendment.
Federal courts have an inherent power to reduce a sentence, but without Congressional authorization, a federal court has no power to suspend the execution of a sentence which it has imposed or to place the defendant on probation. When this was first announced by the Supreme Court in 1916 in the case of Ex Parte United States,Ex Parte United States, an abrupt halt was brought to a practice which, by then, had become widespread in the federal system, and which had existed for more than 70 years. A sentence for a period of one year with an order that, after the defendant had served three months of his sentence, probation was to be granted on the condition that the defendant abide by laws, was void for want of jurisdiction, since it was in effect an exercise of pardoning power. Probation is an act of grace and the defendant does not gain a vested right in probationary status once a probationary sentence is imposed.
13 It would be dissolved when its funds were exhausted.Sinn Féin Funds Act 1947, sec.16 Section 10 of the act purported to stay the proceedings started in 1942, and to require the High Court to dismiss the action upon an ex-parte application from the Attorney General. The act was signed into law on 27 May 1947. On 10 June 1947, Aindrias Ó Caoimh, junior counsel for the Attorney General, made an ex-parte application under Section 10 of the act to dismiss the case.[1950] 1 I.R. 69 George Gavan Duffy, the President of the High Court, rejected the application on the basis that Section 10 of the act violated the Constitution of Ireland, on two grounds: it violated the separation of powers, in that the legislature was attempting to prevent the judiciary hearing a case as provided under Articles 34 to 37 of the Constitution;[1950] 1 I.R. pp.
The House of Lords ruled in R v Secretary of State for the Home Department ex parte AndersonRegina v Secretary of State for the Home Department ex parte Anderson [2002] UKHL 46, decided 25 November 2002 that the Home Secretary was not permitted to set minimum terms for life sentences. The reasoning was on the basis that in order to have a fair trial under Article 6 of the European Convention on Human RightsArticle 6 a defendant should be sentenced by an independent tribunal (that is, a judge) and not a politician who will have extraneous and irrelevant concerns which may affect his or her judgment. The Home Secretary's (David Blunkett MP) response was outlined in a written responseWritten response of David Blunkett to a parliamentary question on 25 November 2002. Mr Blunkett said > The case of Anderson deals with the Home Secretary's power to set the > tariff, or minimum period a convicted murderer must remain in custody until > he becomes eligible for release.
Percy attended the Department of Peace Studies, University of Bradford in the late 1980s. As an activist, she uses non-violent direct action and civil disobedience. Additionally, Ms. Percy also uses legal challenges, often assisted by solicitor Mark Stephens and barrister, Keir Starmer QC and sometimes acts as a litigant in person to make her protests.Percy v Director of Public Prosecutions, QBD, [1995] 3 All ER 124 [1995] 1WLR 1382, 159 JP 337, [1995] Crim LR 714R -v- Pateley Bridge Justices Ex p. Percy [1994] C.O.D. 453, R v Pateley Bridge Justices ex parte Percy; R v Same ex parte Same, QBD (Crown Office List), CO/962/93Percy and Another v Hall and Others, COA, (Civil Division), [1996] 4 All ER 523, [1997] QB 924, [1997] 3 WLR 573, 10.5.96Percy v Moore, QBC (Crown Office List), CO/3422/96Percy -v- Hall [1997] Q.B. 924; [1997] 3 W.L.R. 573; [1996] 4 All E.R. 523; (1996) 160 J.P. Rep.
See Casey v The Master 1992 (4) 505 (N).Ex parte Steenkamp and Steenkamp 1952 (1) SA 744 (T). Where, therefore, the deceased does not die immediately, and does not revoke a bequest conferred on the killer, the latter is still precluded from inheriting. It is an open question whether a person who has killed his spouse may claim the survivor's share in terms of the matrimonial property regime governing their marriage.
Blatchford v. Native Vill. of Noatak (1991) that tribes—even though they also enjoy sovereign immunity—have no greater ability to sue states than private individuals.Blatchford v. Native Vill. of Noatak, 501 U.S. 775 (1991). There are several exceptions to state sovereign immunity potentially relevant to aboriginal title claimants: the doctrine of Ex parte Young (1908), Congressional abrogation of state sovereign immunity by statute, and the ability of the federal government itself to sue states.
In 1860, he was an Indiana elector for Abraham Lincoln.Records of the Indiana Secretary of State He was appointed United States Attorney for Indiana by President Lincoln in 1861.Journal of the Executive Proceedings of the Senate of the United States of America, 1858-1861, p. 320. Active in pursuing disloyalty claims against Southern sympathizers, he appeared for the United States in Ex Parte Milligan prior to the appeal to the U. S. Supreme Court.
President Franklin D. Roosevelt approved the sentences. The constitutionality of military tribunals was upheld by the U.S. Supreme Court in Ex parte Quirin on July 31, and the six men were executed by electrocution at the D.C. jail on August 8. Dasch and Burger were given thirty-year prison sentences because they had turned themselves in to the FBI and provided information about the others. Both were released in 1948 and deported to Germany.
The grand jury may accuse upon their own knowledge, but it is generally done upon the testimony of witnesses under oath and other evidence heard before them. The proceedings of grand jury are, in the first instance, at the instigation of the government or other prosecutors, and ex parte and in secret deliberation. The accused has no knowledge nor right to interfere with their proceedings.British Cyclopedia of Literature, History, Geography, Law, and Politics, publ.
The mystique of this action granted him greater legitimacy at least in some sub-populations."Obituary:Idi Amin", The Guardian, August 18, 2003 The crisis led to lawsuits being brought against Obote's government. Members of the Mengo Establishment that were jailed by the new regime sued for their release. Egbert Udo Udoma, Chief Justice of the Supreme Court, granted it to them in his decision for Uganda v Commissioner of Prisons, Ex Parte Matovu.
Rives, 100 U.S. 313 (1879). However, in Ex parte Virginia the court confirmed federal authority to enforce African Americans' rights to serve on juries, and in Strauder v. West Virginia the court declared states could not limit jury service to white men.encyclopediavirginia.org/Ex_Parte Virginia 1880 Over 100 years later, the Supreme Court ruled that even the use of peremptory challenges where exclusion was made on the basis of race was unconstitutional, in Batson.
Klement, p. 226–27. In the interim, petitions from Milligan and the other co-conspirators for a review of the controversial proceedings passed through the federal circuit court in Indiana. Two judges, David Davis and Thomas Drummond, disagreed over the issue of whether the U.S. Constitution prohibited civilians from being tried by a military commission and passed the case to the U.S. Supreme Court, where it became known as Ex parte Milligan.Nolan, pp. 41–42.
Beginning in August 1980, citizens were subjected to organized violence under the name of social cleansing, which aimed at the elimination of social ills, such as violence, smuggling, drugs and deceptions. They were arrested without proper warrants and given ex parte rankings. Some 42,000 victims were enrolled in the Samchung re-education camp for "purificatory education". More than 60,000 people were arrested in six months between August 1980 and January 1981, including many innocent citizens.
R v Panel on Take-overs and Mergers, ex parte Datafin plc [1987] QB 815 is a UK constitutional law, company law and administrative law case of the Court of Appeal. It extended the scope of judicial review in English law to private bodies exercising public functions. Before Datafin, only bodies established by statute could be judicially reviewed, while private bodies could only be sued for their actions in contract or tort law.
Iran had been determined by the State Department to have been financially backing Hezbollah at the time. Cicippio sued Iran in 1996 under terms of both FSIA and the Flatow Amendment, and as Iran did not send any counsel to defend themselves, the trial was held ex parte for Iran. The court ruled in Cicippio's favor, awarding him in compensatory damages alongside similar awards for other hostages and their families that had joined the suit.
Ex parte Bollman, 8 U.S. (4 Cranch) 75 (1807), was a case brought before the United States Supreme Court. Bollman held that the constitutional definition of treason excluded mere conspiracy to levy war against the United States. Erick Bollman and Samuel Swartwout were civilians who became implicated in the Burr-Wilkinson Plot. This plot supposedly consisted of Aaron Burr and James Wilkinson attempting to create an empire in the United States, ruled by Burr.
The Divisional Court of England and Wales held that the political sentiments of the local authority should not have interfered with its decision to run the public libraries because it was irrelevant to its statutory duty to provide "a comprehensive and efficient library service for all persons desiring to make use thereof".Public Libraries and Museums Act 1964 (c. 75, UK), s. 7(1): see Ex parte Times Newspapers Ltd., p. 326.
Hoblyn married Jane, only daughter of Thomas Coster, a Bristol merchant. She remarried in 1759 John Quicke of Exeter. The estates under the entail went to the issue male of Thomas Hoblyn of Tresaddern, while the library went to Quicke. In 1768 Quicke printed the library catalogue in two volumes, as Bibliotheca Hobliniana sive Catalogus Librorum juxta exemplar quod manu sua maxima ex parte descriptum reliquit Robertus Hoblyn, Armiger de Nanswhyden in Comitatu Cornubiæ.
For the time being, Roosevelt stepped back to watch and wait.Leuchtenburg, at 98. Other alternatives were also sought: Roosevelt inquired about the rate at which the Supreme Court denied certiorari, hoping to attack the Court for the small number of cases it heard annually. He also asked about the case of Ex parte McCardle, which limited the appellate jurisdiction of the Supreme Court, wondering if Congress could strip the Court's power to adjudicate constitutional questions.
In such an event, the Select Committee that oversees the work of the Ombudsman is able to examine the matter and reach its own conclusions. Reports issued by the Ombudsman are susceptible to judicial review by the courts. However, it has been held that the court would not readily interfere with the exercise of the Ombudsman's discretion.R v Parliamentary Commissioner for Administration, ex parte Dyer [1994] 1 WLR 621 A Eurostar train near Ashford.
A famous and dramatic standoff then occurred at the gates of the fort between the Federal Marshals and General George Cadwalader, the commander of Union troops of the Fort. The commander refused to comply with the order on the grounds that he was acting under orders from President Abraham Lincoln, who had suspended habeas corpus. The court case, Ex parte Merryman, remains unresolved, and the Executive Branch continued to refuse to comply with Taney's ruling.
In ex parte Smith, Smith and three other individuals appealed a Ministry of Defence ruling that mandated the discharge of homosexuals from the service. The court accepted that "[t]he more substantial the interference with human rights, the more the court will require by way of justification before it is satisfied that the decision is reasonable". This is as long as the decision remains within the range of responses open to a reasonable decision-maker.
In legal parlance, "woodshedding" refers to the instruction given to a witness to make him respond in one party's favor. It is the act of impermissibly coaching a witness or unfairly prejudicing him during ex parte communications. This fits with the concept of the metaphor of a "woodshed" being a private place where such conspiracy might occur. It is also called "horse shedding" and involves practice questions and answers or even a mock trial.
The issue of whether or not school taxes levied by a county were payable by an employer of significant size was the subject of King v Assessors of Bathurst County, ex parte Bathurst Company Ltd. The King (in effect, the corporation) asked whether the county was right to assess taxes in the amount it did. The court answered in the affirmative but several months later the corporation began velvet blackmail and the government caved and brought in new legislation.
An application for such leave must be made by ex parte originating summonsThat is, a document that, in the first instance, is filed in court without notifying other interested parties. and must be supported by a statement setting out the name and description of the applicant, the relief sought and the grounds on which it is sought; and by an affidavit, to be filed when the application is made, verifying the facts relied on.ROC, O. 53, r. 1(2).
Ex parte Gutta (BPAI 2009) is a precedential decision from the Board of Patent Appeals and Interferences (BPAI) of the United States Patent and Trademark Office (USPTO) concerning the patentability of mathematical formulae and/or algorithms. The BPAI rejected Gutta as failing a two-prong test to determine if a machine or "manufacture" involving a mathematical algorithm complies with 35 U.S.C. § 101. The patentability of processes was previously addressed in a closely related case, In re Bilski.
Ex parte Lundgren is a decision by the United States Patent and Trademark Office board of appeals, i.e. the Board of Patent Appeals and Interferences (BPAI), that asserts that process inventions do not have to be in the technological arts in order to be patentable in the United States. They do, however, have to produce a "concrete, useful and tangible result". Lundgren was then superseded by In re Bilski, which jettisoned the "concrete, useful and tangible result" test.
As a companion case to Hirabayashi v. United States, both decided on June 21, 1943, the court affirmed the conviction of U.S.-born Minoru Yasui. The court remanded the case to the district court for sentencing as the lower court had determined the curfew was not valid against citizens, but Yasui had forfeited his citizenship by working for the Japanese consulate. The Yasui and Hirabayashi decisions, along with the later Ex parte Endo and Korematsu v.
31, H.C. (Singapore); see also R v Industrial Injuries Commissioner, ex parte Howarth (1968) 4 K.I.R. 621; Kay Swee Pin, p. 806, para. 7: "[I]f a tribunal, after the close of the hearing, comes into possession of further evidence, the party affected should be invited to comment upon it". However, a genuine bona fide mistake by an adjudicator in omitting to state reasons for not considering a submission is not enough to be a breach of natural justice.
Whether a crime is "infamous", for purposes of the Grand Jury Clause, is determined by the nature of the punishment that may be imposed, not the punishment that is actually imposed;Ex parte Wilson, however, crimes punishable by death must be tried upon indictments. The historical origin of "infamous crime" comes from the infamia, a punishment under Roman law by which a citizen was deprived of his citizenship.United States v. Cox, 342 F.2d 167, 187 fn.
The military commission that convicted Milligan Lambdin P. Milligan Despite intervening statutory developments that decreased the likelihood of division in the circuit courts, the Chase Court heard seventeen of its thirty-six criminal cases on certificates of division. In Ex parte Milligan (1866), the Court held that habeas petitions in the circuit courts could be a source of certified questions to the Supreme Court.Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866). But, in United States v.
The U.S. Supreme Court upheld this decision in Ex parte Quirin (1942), ruling that the military commission set up to try the Germans was lawful. On August 3, 1942 all eight were found guilty and sentenced to death. Five days later, six of the eight were executed in the electric chair on the third floor of the District of Columbia jail. The other two were given prison terms as they willingly turned their comrades over to the FBI.
Ex parte Vallandigham, . Vallandigham was subsequently deported to the South where he turned himself in for arrest as a Union citizen behind enemy lines and was placed in a Confederate prison.The Civil War Day by Day by E.B. Long and Barbara Long (New York, NY: Da Capo Press, Inc., 1971) Mary Elizabeth Jenkins Surratt (May 1823 – July 7, 1865) was an American boarding house owner who was convicted of taking part in the conspiracy to assassinate President Abraham Lincoln.
The secret Foreign Intelligence Surveillance Court, which grants the National Security Agency permission to perform certain types of electronic surveillance, operates on a permanent ex parte basis.Secret-court judges upset at portrayal of ‘collaboration’ with government, Washington Post, 30 June 2013. Retrieved 30 June 2013. Parties other than the government are not normally permitted to argue in front of the court, though it is possible for the recipients of court orders to challenge them in other ways.
In Ex parte Barton, an important case in South African insolvency law, it appeared, upon the debtor's application for leave to surrender his estate as insolvent, that he had previously lived in Durban and that all his creditors were in Natal. The court held that the application should be postponed in order for the notice of the application to be published in a Natal newspaper and for the debtor's schedules to lie for inspection at Durban.
1, pp. 235–36. Beginning in September 1864, Indianapolis was the site of the trials by a military commission of several men accused and convicted of treason. In a landmark civil liberty case that became known as Ex parte Milligan, the U.S. Supreme Court overturned the convictions, On April 3, 1866, the Court ruled that the military trial was illegal because the civilian courts were open and functioning during the war. Following the Court's ruling, the men were released.
Vogenauer (2005) p. 646 The courts' cautiously optimistic acceptance of Pepper, which included an attempt to include it in the House of Lords' Practice Directions, soon began to wane. Although the lower courts applied the decision and allowed the use of Hansard, and the Lords itself initially followed it in R v Warwickshire County Council, ex parte Johnson,[1993] 1 All ER 299 several objections and limits were expressed in later obiter dicta and ratio decidendi.Scott (1993) p.
During the pending We Energies rate case, Commissioner Ellen Nowak appeared to violate both the ex parte rules and the law requiring Commissioners to remain impartial. In both March and June, Commissioner Nowak appeared on panels for conferences hosted by the Edison Electric Institute (EEI). In both panels, she advised her own utilities on ratemaking practices. In the June panel, titled “Utility Regulation and Success in a Low Growth Economy,” she appeared alongside We Energies CEO Gale Klappa.
Carolene Products Co. were influential in shaping standards of judicial scrutiny. In 1941, President Franklin D. Roosevelt nominated Stone to succeed the retiring Charles Evans Hughes as Chief Justice, and the Senate quickly confirmed Stone. The Stone Court presided over several cases during World War II, and Stone's majority opinion in Ex parte Quirin upheld the jurisdiction of a United States military tribunal over the trial of eight German saboteurs. His majority opinion in International Shoe Co. v.
In R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No 2), a new panel of judges, composed of Lord Browne-Wilkinson, Lord Goff, Lord Hope, Lord Hutton, Lord Saville, Lord Millett and Lord Phillips, set aside the first judgment on the grounds that an appearance of bias had been created, following revelations that one of the judges, Lord Hoffmann, had failed to disclose personal ties to Amnesty International, an intervenor in the case against Pinochet.
The Eleventh Amendment, it contended, had further protected the states' sovereign immunity; the Fourteenth Amendment placed limitations on the Eleventh Amendment, but only with respect to the rights guaranteed in the Fourteenth Amendment. The Court also found that the doctrine of Ex parte Young did not apply, invoking the rationale of an earlier case, Schweiker v. Chilicky,. for the proposition that where Congress had provided a remedial scheme, the Courts would not imply the existence of additional remedies.
White (1991) p.159 Section 16 modifies the Children Act to take into account the decision in R. v Newham London Borough Council ex parte P by considering parents of a child in care "parents" only if the child stays with them for more than 24 hours—previously the Local Council would only have to provide accommodation for the child if the child was not with its parents, regardless of how long the child had been with the parents.
It has already proven difficult to be recognized as having standing when a fix is not used for a controversial appointment. The courts have dismissed suits contesting the appointments of Justice Hugo Black (Ex parte Levitt, 302 U.S. 633 (1937)) and Judge Abner Mikva (McClure v. Carter, 454 U.S. 1025 (1981)). Black and Mikva were members of Congress (Black of the Senate, Mikva of the House of Representatives) prior to appointment were appointed without a Saxbe fix.
The U.S. Supreme Court has invalidated laws under the Attainder Clause on five occasions."Nonattainder as a Liberty Interest", Wisconsin Law Review, 2010, p. 1229. Two of the United States Supreme Court's first decisions on the meaning of the bill of attainder clause came after the American Civil War. In Ex parte Garland, 71 U.S. 333 (1866), the court struck down a federal law requiring attorneys practising in federal court to swear that they had not supported the rebellion.
In 1991, Whitlam stated that no future Governor- General was likely to act as Kerr did lest he also became the subject of "contempt and isolation". In 1997 he said that the letter of dismissal "had the shortcomings of being ex tempore, ex parte, ad hoc and sub rosa". In 2005, Whitlam called Kerr "a contemptible person". On the other hand, Country Party leader and deputy prime minister Doug Anthony said: "I can't forgive Gough for crucifying him".
Bennett Boskey (August 14, 1916 – May 11, 2016) was an American lawyer who clerked for Judge Learned Hand and for two U.S. Supreme Court justices, Stanley Reed and Chief Justice Harlan F. Stone. He helped to craft the standing doctrine in Ex parte Quirin which enabled the U.S. Supreme Court to hear a case against German military saboteurs, which has had legal implications during the War on Terror in the first two decades of the 21st Century.
Chief Justice Chase held that while the United States Congress had enacted legislation in 1868 eliminating one route to a habeas corpus hearing before the court (see Ex parte McCardle, 74 U.S. 506 (1868)), the Court could still hear cases of a similar nature in the first instance under the Judiciary Act of 1789. Chase concluded that the Court had jurisdiction to hear the case and the power to direct its writ at a military officer.
Race Relations Board, ex parte Selvarajan [1975] 1 W.L.R. 1686, C.A. (England and Wales). it was accepted that the Board could establish a committee in order to investigate and conduct preliminary inquiries, and that it was not practical for the whole body to be engaged in such a task.Ex parte Selvarajan, pp. 1695–1696. On the other hand, it is an established principle that no tribunal can delegate judicial or quasi-judicial functions such as disciplinary powers.
The lack of legal knowledge of magistrates should be offset by the fact that a legally qualified clerk is available. It is suggested that, in some courts, magistrates place too much reliance on the clerk, to the extent that a few cases have been quashed on appeal. For example, in R v Birmingham Magistrates ex parte Ahmed [1995], the defendant was accused of deception and handling. When the magistrates retired to consider their verdict, the clerk joined them.
In R. v. East Sussex County Council, ex parte Tandy (1998),. the House of Lords held that a local education authority was not entitled to consider available resources in performing its statutory duty to provide suitable education for a disabled child. Lord Browne-Wilkinson distinguished Barry, expressing concern that allowing the authority to take resources into consideration would be "to downgrade duties into what are, in effect, mere discretions over which the court would have very little real control".
16 (Stevens, J., dissenting) citing Ex parte Bollman, 4 Cranch 75 (1807). As such, the dissenters believed the All Writs Act would only authorize a court order if its purpose is to aid the court's exercise of jurisdiction and the means selected are analogous to a common-law writ. Justice Stevens remained resolute in his critique; a quarter century later in Syngenta Crop Protection, Inc. v. Henson, he was still calling to “expressly overrule that misguided decision”.
Both parties must be informed of the restraining order for it to go into effect. Law enforcement may have trouble serving the order, making the petition unproductive. A study found that some counties had 91 percent of restraining orders non-served. A temporary order of restraint ("ex parte" order) is in effect for two weeks before a court settles the terms of the order, but it is still not in effect until the alleged abuser is served.
Ordinarily, a justification for acting against a legitimate expectation would often be sufficient and rational from the position of the authority regardless of objective judgment. In Ex parte Coughlan, the Court of Appeal also held that the Wednesbury ground of judicial review is not compromised by the doctrine of legitimate expectation. Rather, the latter complements the classic doctrine by providing a further benchmark where public authorities are held accountable to good standards of public administration.Ex parte Coughlan, pp.
In Luther v. Borden, 48 U.S. 1 (1849), the US Supreme Court had established the "political question" test in which a court may refuse to rule because the issue is political, rather than judicial. Moyer is controversial in part because Justice Holmes took much of the dicta in Luther and made it binding law. The decision is controversial also because despite the analysis in Ex parte Benedict, Moyer allowed states to implement martial law without judicial review.
Marshall's solution was to declare that territorial courts were established under Article I of the constitution. As such, they could not exercise the federal judicial power, and therefore the law that placed admiralty cases in their jurisdiction was unconstitutional. Tenure that is guaranteed by the Constitution is a badge of a judge of an Article III court. The argument that mere statutory tenure is sufficient for judges of Article III courts was authoritatively answered in Ex parte Bakelite Corp.
In: The Atlantic, September 2018 While Korematsu is regularly described as upholding the internment of Japanese Americans, the majority opinion expressly declined to reach the issue of internment on the ground that Korematsu's conviction did not present that issue, which it said raised different questions. The Court cross-referenced its decision the same day in Ex Parte Endo, 323 U.S. 283 (1944), in which the Court ruled that a loyal Japanese American must be released from detention.
Lord Chief Justice Hewart, who, in R. v. Sussex Justices, ex parte McCarthy (1923), stated that "justice should not only be done, but should manifestly and undoubtedly be seen to be done". Bias may be imputed to a decision-maker when he or she has a pecuniary (monetary) or proprietary (property related) interest in the decision he or she is charged to adjudicate. This form of bias warrants the decision-maker being automatically disqualified from exercising its powers.
The saisie- contrefaçon is very efficient and often decisive in the success or failure of the infringement action;See for example, prior to the reform of 2007, P. Véron, “La saisie-contrefaçon – L'efficacité des mesures de lutte contre la contrefaçon : Étude comparée”, S.L.C / I.D.E.F., Maison du Barreau, Paris, 9 December 2005 P. Véron, “The French ‘saisie-contrefaçon’ in European litigation issues” Cross-border Litigation, Forum Institut für Management, Arabella Sheraton Grand Hotel, Frankfurt, 8 February 2002 it is therefore the most widely used means of proof in infringement cases. The remarkable effectiveness of this procedure mainly resides in that it is ex parte and restrictive. The authorisation to perform a saisie-contrefaçon is requested of the President of the tribunal de grande instance with jurisdiction over the territory in question, in ex parte proceedings. Yet Article R. 211-7 of the French Judicial Organisation CodeFrench Judicial Organisation Code, Legifrance provides for the exclusive jurisdiction of the President of the Tribunal de grande instance de Paris for actions in the fields of Community designs and trademarks.
Abraham Lincoln's request for an opinion on the suspension of the right to habeas corpus during the American Civil War resulted eventually in the following decision, in Ex parte Merryman (1861), of Chief Justice Roger B. Taney, as a judge of the United States circuit court for the District of Maryland: The United States government explicitly referred to this maxim within its argument in the case Ex parte Milligan, when it remarked (with an additional reference to Cicero) that "these [amendments of the Bill of Rights], in truth, are all peace provisions of the Constitution and, like all other conventional and legislative laws and enactments, are silent amidst arms, and when the safety of the people becomes the supreme law." The erosion of citizens' rights during World War II was upheld in the Supreme Court case Hirabayashi v. United States (1943), which held that the application of curfews against members of a minority group was constitutional when the nation was at war with the country from which that group originated. Yasui v.
The NTP patents covering BlackBerry technology are currently undergoing a number of reexaminations because new prior art has been discovered which had not been considered by the patent office when the patent applications were first examined. Some of these reexaminations are inter partes, some of them are ex parte, some of them were initiated by the director. Some of the patents have had a number of reexaminations filed. These multiple reexaminations have been merged into single reexaminations, each for the patent in question.
The 48 year-old Harkins then shocked the community by marrying Mary Golda Lockwood, then aged 22, after posting $12,500.00 bail to secure his appearance at the second trial. The second jury also failed to reach a verdict, and Harkins was never convicted.Letter from Nowata County Assistant District Attorney F.A. Calvert to Supreme Court Clerk, dated September 20, 1913, with handwritten post script: "Case again resulted in 'hung' jury." Oklahoma State Archives, Ex Parte Harkins, Appellate Case No. A-1729.
Coles filed for release from custody, on the grounds that his rights as an individual and as an officer of the state had been violated. In Ex parte Virginia, the United States Supreme Court ruled against Coles, indicating that the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution provided redress against the operation of state laws and the actions of state officials. It was one of a small number of victories for advocates of civil rights in the period.
In Ex parte Goldman, an important case in South African insolvency law, the court had to decide whether the document in which the debtor published his intention to surrender constituted a newspaper. The document was the African Jewish World, "a weekly journal devoted to Jewish interests in South Africa," printed in Johannesburg and mostly in Yiddish in Hebrew characters. The advertisement itself was in the English language and characters. The court held that this was not a newspaper as contemplated in the Act.
On September 15, 1863, President Lincoln imposed Congressionally authorized martial law. The authorizing act allowed the President to suspend habeas corpus throughout the entire United States (which he had already done under his own authority on April 27, 1861). Lincoln imposed the suspension on "prisoners of war, spies, or aiders and abettors of the enemy," as well as on other classes of people, such as draft dodgers. The President's proclamation was challenged in Ex parte Milligan, 71 US 2 [1866].
On December 18, 1944, the Supreme Court handed down two decisions on the legality of the incarceration under Executive Order 9066. Korematsu v. United States, a 6–3 decision upholding a Nisei's conviction for violating the military exclusion order, stated that, in general, the removal of Japanese Americans from the West Coast was constitutional. However, Ex parte Endo unanimously declared on that same day that loyal citizens of the United States, regardless of cultural descent, could not be detained without cause.
United States (1943), ex parte Endo (1944), and Korematsu v. United States (1944). In Ozawa, the court established that peoples defined as 'white' were specifically of Caucasian descent; In Yasui and Hirabayashi, the court upheld the constitutionality of curfews based on Japanese ancestry; in Korematsu, the court upheld the constitutionality of the exclusion order. In Endo, the court accepted a petition for a writ of habeas corpus and ruled that the WRA had no authority to subject a loyal citizen to its procedures.
Walerga, 10–15 miles outside of Sacramento on May 15, 1942.Opening Brief for Appellant at 5, Ex parte Mitsuye Endo, 323 U.S. 283 (1944) (No. 70), 1944 WL 42557. Endo and her family was later transferred to the Tule Lake War Relocation Center 300 miles north of Sacramento in Newell, CA at the Oregon border on June 19, 1942.Memorandum from War Relocation Authority, Office of the Solicitor, “Petition for writ of habeas corpus by Mitsuye Endo; important dates,” dated Aug.
In accordance with that order, three separate attachments were made totalling about US$71m. The initial application for authority to attach was made ex parte. However, Fairfield Sentry was entitled to apply inter partes to lift the attachment and did so; that application was rejected by the District Court of Amsterdam on 16 February 2011. Shell had a four-month deadline for the commencement of substantive proceedings; this was extended several times, and the proceedings were ultimately commenced on 19 March 2010.
He is also said to have been "the weakest" of the five. Details Swayne's appointment to the Supreme Court and his quests for the chief judgeship using the correspondence between Samuel J. Tilden and Lincoln. His main distinction was his staunch judicial support of the president's war measures: the Union blockade (Prize Cases, 67 U.S. 635 (1862)); issuance of paper money (i.e., greenbacks); and support for the presidential prerogative to declare martial law (Ex Parte Milligan, 71 U.S. 2 (1866)).
Anonymous (1477) YB Pasch 17 > Edw IV, f 1, pl 2. I take it, my Lords, that that, which was said 300 years > ago and more, is the law to this day, and it is quite what Lord Justice > Mellish in Ex parte HarrisLaw Rep. 7 Ch. Ap. 593 accurately says, that where > it is expressly or impliedly stated in the offer that you may accept the > offer by posting a letter, the moment you post the letter the offer is > accepted.
Mitchell, Charles W., ed. Maryland Voices of the Civil War. JHU Press, 2007, p. 237. (Lincoln had unilaterally suspended habeas in Maryland in spring 1861, a move ruled unconstitutional without Congressional authorization in June 1861 by Supreme Court Chief Justice Roger Taney speaking for the federal circuit court of Maryland in ex parte Merryman, a ruling which Lincoln disregarded.) May was eventually released—no charges were ever brought or evidence produced—and returned to his seat in Congress in December 1861.
The Seminole Tribe of Florida requested that the state enter into such a negotiation. When the state refused, the Tribe filed suit,, 1-2 (1992) (hereinafter cited as ""). as allowed by the statute, against both the state of Florida and the governor, Lawton Chiles. The District Court declined to dismiss the case, but the Eleventh Circuit reversed, holding that the Eleventh Amendment barred the suit, and that the doctrine of Ex parte Young could not be used to force good faith negotiation.
Crow Dog Originally, crimes committed by Indians against Indians were not subject to federal or state jurisdiction, but were handled by tribal law. In 1881, a Brulé Lakota named Crow Dog shot and killed another Indian, Spotted Tail, on the Great Sioux Reservation in South Dakota. Crow Dog was tried in federal court for murder, found guilty, and sentenced to hang. He petitioned for a writ of habeas corpus to the Supreme Court, and in Ex parte Crow DogEx parte Crow Dog, .
Not long after the Civil War ended, President Andrew Johnson pardoned Garland on July 15, 1865. He was nonetheless forbidden to resume his legal practice without taking the Ironclad Oath, which the United States Congress had required of all Confederate government or military officials, per a law passed on January 24, 1865. In Ex parte Garland, Garland argued that the law was unconstitutional and ex post facto. On January 14, 1867, by a vote of five to four, the U.S. Supreme Court agreed.
Chief Justice Harlan Fiske Stone circa 1925 to 1932. During Boskey's clerkship for Chief Justice Stone, the Court decided Ex parte Quirin, 317 U.S. 1 (1942), a case that upheld the jurisdiction of a United States military tribunal during WW II over the trial of eight German saboteurs in the United States. Quirin has been cited as a precedent for the trial by military commission of any unlawful combatant against the United States. Boskey played a pivotal role in shaping the case's reasoning.
He included, as evidence, copies of seven titles, six of which had paper bookmarks marking the location of passages, that were circled in pencil, that violated the law. The judge also went beyond statutory requirements, conducting a 45-minute ex parte reading in his chambers, at the conclusion of which he agreed that the books were probably obscene under Kansas law. All these extra procedures were seen by the attorney general as necessary in light of Marcus.Quantity of Books v.
During Reconstruction, Congress withdrew jurisdiction from a case the U.S. Supreme Court was then in the process of adjudicating. In terminating the case Ex Parte McCardle, 74 US 506 (1869), the Justices acknowledged the authority of Congress to intervene. > We are not at liberty to inquire into the motives of the legislature. We can > only examine into its power under the Constitution; and the power to make > exceptions to the appellate jurisdiction of this court is given by express > words.
The Annales Vedastes record that in 889 > Post nativitatem vero Domini cum paucis Francis Aquitaniam perrexit, ut eos > sibi sociaret. Quo audito, Ramnulfus, dux maximae partis Aquitaniae, cum > sibi faventibus venit ad eum, adducens secum Karolum puerum, filium > Hludowici regis; et iuravit illi quae digna fuerunt, simul et de ipso > puerulo. . . Aquitanos itaque rex ex parte receptos, festinavit propter > Nortmannos redire in Franciam. > After Christmas [888], [Odo] went to Aquitaine with a few Franks, in order > to be accepted [as king].
Indiana Republicans then used the sensational revelation of an antiwar Copperhead conspiracy by elements of the Sons of Liberty to discredit Democrats in the 1864 House elections. The military trial of Lambdin P. Milligan and other Sons of Liberty revealed plans to set free the Confederate prisoners held in the state. The culprits were sentenced to hang, but the Supreme Court intervened in ex parte Milligan, saying they should have received civilian trials.Frank L. Klement, The Copperheads in the Middle West.
The Full Court held that Hanger did not need to disqualify himself from hearing the matter as his wife's shareholding was separate, and that the shareholding was minor in relation to the number of shares issued by the company. In 1974 he heard the case of Lambert v McIntyre.Lambert v McIntyre; Ex parte Lambert [1975 349]. This case concerned the refusal of a motorist to blow into a breathalyser machine to test whether the motorist had driven after drinking alcohol.
Milligan died of natural causes at his son's home in Huntington County, Indiana, on December 21, 1899, thirty-three years after the U.S. Supreme Court ruling in the case that bore his name. Ex parte Milligan became well known as the leading U.S. Supreme Court case that found the president went beyond his legal powers to suppress dissenters during the American Civil War. The decision also helped to establish the tradition that presidential and military action "based on war" had limits.
Lord Bingham of Cornhill who, as a Lord Justice of Appeal, held in a 1989 case called ex parte M.F.K. Underwriting Agents Ltd. that "[t]he doctrine of legitimate expectation is rooted in fairness" In adjudicating questions of legitimate expectations, the court has two essential roles. First, it has to determine whether a legitimate expectation exists, and the nature of this expectation. Secondly, it has to determine whether sufficient justification is present to allow the public authority to depart from its expected obligations.
Sussex Justices, ex parte McCarthy (1923) provides an illustration of the differences. In that case, the person who acted as clerk to certain magistrates was a member of a law firm that represented a party with an interest in the outcome of a matter being decided by the magistrates. When the magistrates withdrew to consider the matter, the clerk went with them in case they needed advice on any legal issues. However, the magistrates reached a decision without consulting the clerk.
The amount of work accomplished by the court during this period was large, with important part being reading in private of titles, statements, petitions, and affidavits. The applications being made ex parte, the rights of absent persons, infants and others, had to be protected by the commissioners themselves. The number of petitions filed from October 1849 to 31 August 1857 was 4,413. The lands sold on these petitions were conveyed to the purchasers by means of upwards of eight thousand deeds of conveyance.
Ex Parte Graham 1963 (4) SA 145 (D) is an important case in the South African law of persons and succession. Briefly, the deceased left a will stipulating that her adopted son would inherit her estate in the event of her death. The will added, however, that, if he predeceased her, her mother would inherit the estate. The deceased and her son subsequently died in a plane crash, and the Registrar sought an order declaring that they had died simultaneously.
The courts have extended the category of imputed bias to situations where adjudicators have interests in decisions that are personal but neither pecuniary nor proprietary. A well-known example is the UK case R. v. Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 2) (1999).. Amnesty International was a party to the case, and the House of Lords held that Lord Hoffmann, being a chairman of a subsidiary of Amnesty, ought to have been automatically disqualified from hearing the case.
If an appeal is lodged against a decision in ex parte proceedings (i.e., proceedings involving only one party) and if the first instance department which took the decision regards the appeal to be admissible and well founded, it has to rectify its decision. This is a so- called "interlocutory revision", which is said to be a rather unusual procedure within the EPO. This is a very useful procedure for example if amendments are filed with the appeal, which clearly overcome the objections in the first instance decision.
The case was set for argument in the October 1879 term, and oral arguments were heard over October 20–21, 1879 along with the companion cases of Virginia v. Rives and Ex parte Virginia. Assisting Strauder's counsel in the arguments before the Supreme Court were U.S. Attorney General Charles Devens and former justice of the Supreme Court of Virginia Westel Willoughby. Arguing for the State of West Virginia were West Virginia Attorney General Robert White and special counsel James W. Green, a Virginia lawyer.
The only other case cited by Brandeis for the first application of the "last resort rule" is Light v. United States, 220 U.S. 523, 538 (1911), in which the Court followed the principle of avoiding a constitutional issue by ruling on an alternative ground, relying on the Siler formulation. Both cases involved claims that originated in federal courts seeking injunctive relief under an Ex parte Young theory. Those types of actions particularly troubled Justice Brandeis because they could involve intrusive federal court orders and federalism tensions.
After conviction, he filed a petition for writ of habeas corpus in the federal district court which convicted him. The petition was denied, but federal law guaranteed him an appeal to the United States Supreme Court. In Ex Parte Snow, the Supreme Court invalidated Snow's second and third convictions for unlawful cohabitation. It found that unlawful cohabitation was a "continuing offense," and thus that Snow was at most guilty of one such offense for cohabiting continuously with more than one woman for three years.
Thus, in several cases, the Court found the alleged error too insubstantial to consider via original habeas. In Ex parte Parks (1876), the Court held that it had no original habeas jurisdiction to free a defendant convicted in a United States district court, even though no appeal was possible from the district court to the circuit court, and even though the petitioner alleged that the district court had been entirely without jurisdiction to try the offense charged.Ex parte Parks, 93 U.S. (3 Otto) 18 (1876).
The present rule under English law is that only where a company was set up to commission fraud,e.g. Re Darby, ex parte Brougham [1911] 1 KB 95 or to avoid a pre-existing obligation can its separate identity be ignored. This follows from a Court of Appeal case, Adams v Cape Industries plc.[1990] Ch 433. Heavily doubted by Lord Mance in VTB Capital plc v Nutritek Int Corp [2013] UKSC 5, [127] 'they include obiter observations and are anyway not binding in this court'.
One historian said that Woodson "had the good fortune of writing one of the great libertarian opinions of his court in the course of an otherwise undistinguished career", Ex Parte Nelson.Gerald T. Dunne, The Missouri Supreme Court: From Dred Scott to Nancy (1993), p. 207. He was also noted to have written opinions ousting Standard Oil for antitrust violations, and preventing Democratic state officials from redistricting the state into senatorial districts. He twice served as Chief Justice, due to the court rotating the office among the justices.
On March 27, 1863, Robert Gay, a Union soldier convicted of treason, was executed by a firing squad.Holliday, pp. 57–58. Beginning in Indianapolis in 1864, the trials by a military commission of several men accused and convicted of treason lead to a landmark civil liberty case in 1866. Known as Ex parte Milligan, the Supreme Court of the United States overturned the convictions, ruling that the trials by military commission in Indianapolis were illegal because the civilian courts were open and functioning during the war.
The former granted several English courts greater liberty to review affidavits and award summary relief in cases involving charitable trusts. The latter permitted bearers of promissory notes and endorsed bills of exchange to pursue ex parte proceedings for summary judgment through the filing of an affidavit. The writ of audita querela was abolished entirely by the Rules of the Supreme Court in 1875 by Order 42, r. 22. One question that has persisted is whether audita querela functioned in equity or at common law.
John Harrison Surratt Jr. in Papal Zouave uniform, c. 1867 Eighteen months after his mother was hanged, Surratt was tried in a Maryland civilian court. It was not before a military commission, unlike the trials of his mother and the others, as a US Supreme Court decision, Ex parte Milligan, had declared the trial of civilians before military tribunals to be unconstitutional if civilian courts were still open. Judge David Carter presided over Surratt's trial, and Edwards Pierrepont conducted the federal government's case against him.
Ex parte Wood, 22 U.S. (9 Wheat.) 603 (1824), was a United States Supreme Court case in which the Court held that a patent could not be repealed based on summary proceedings without the opportunity for a jury trial. The case exemplifies a tradition in early 19th century United States patent caselaw in which patents were regarded specifically as an absolute property right to exclusive use of the invention,Adam Mossoff, Exclusion and Exclusive Use in Patent Law, 22 Harv. J.L. & Tech. 321, 351-52 (2009).
In Ex parte Slabbert, an important case in South African insolvency law, the applicant applied for surrender of an estate. In the application, it appeared that the copy of the notice of surrender, required by section 4 of the Insolvency Act, had stated that the applicant's statement of affairs would lie for inspection with the Master for a period of fourteen days from April 26. The date in the notice, however, was the 29th. In other words, there was a discrepancy with regard to the dates.
"This, however, does not happen in practice."Currie and De Waal Handbook 52. In Ex parte Women's Legal Centre: In re Moise v Greater Germiston Transitional Local Council (Moise II), the court dealt with an application to amend the order that it had made earlier, in Moise v Greater Germiston Transitional Local Council (Moise I). In Moise I, the court had confirmed the declaration of invalidity by a High Court of section 2(1)(a) of the Limitation of Legal Proceedings (Provincial and Local Authorities) Act.
John thanks him for his kindness to his mother. Aiken offers him Mary's rosary, but he declines. The epilogue goes on to state that a year later, the US Supreme Court ruled that citizens were entitled to trial by a civilian jury, not a military tribunal, even in times of war (Ex parte Milligan), and that a jury of Northerners and Southerners could not agree on a verdict for John Surratt, and he was freed. Aiken left the law and became The Washington Posts first City Editor.
The United States ConstitutionThe law of the United States comprises many levelsSee Stephen Elias and Susan Levinkind, Legal Research: How to Find & Understand The Law, 14th ed. (Berkeley: Nolo, 2005), 22. of codified and uncodified forms of law, of which the most important is the United States Constitution, which prescribes the foundation of the federal government of the United States, as well as various civil liberties. The Constitution sets out the boundaries of federal law, which consists of Acts of Congress,Ex parte Virginia, .
This was a criminal fornication charge brought against John Kendall. The decision was already determined by the Ex Parte Kendall civil liability case, but the formality of a trial was maintained. Kendall was found not guilty, on the basis that the time from the date that Anne conceived to the day she gave birth was only seven months. In the seventeenth century, there was very little medical knowledge regarding the usual circumstances of twin births, including the fact that twins are often born prematurely.
She said that the non-disclosure agreement that she had signed in reference to the alleged affair was invalid because Trump had never personally signed it. The suit also alleges that Trump's attorney had been trying to intimidate Daniels and "scare her into not talking". A day later, Cohen initiated an ex parte arbitration process which resulted in an order that barred Daniels from disclosing "confidential information" related to the non-disclosure agreement. The order itself, which Daniels' lawyers called bogus, was supposed to remain confidential.
Hollow Horn Bear was appointed the head of police of the Rosebud Agency in South Dakota, as part of the Indian Police organized by the Bureau of Indian Affairs. He arrested Crow Dog for the murder of Spotted Tail on August 5, 1881. Testifying in 1883 at the trial in Ex parte Crow Dog, Hollow Horn Bear recounted: > Mr. Lelar gave me a paper for the arrest of Crow Dog. Found defendant on a > hill between White River and Rosebud Creek, where I made the arrest.
General George Meade (of the Third Military District) appointed Brig. General Thomas H. Ruger to replace Governor of Georgia Charles J. Jenkins, who had been elected as the only candidate in 1865 to succeed James Johnson, who had been appointed by President Andrew Johnson. After Ex parte McCardle (1869) came before the United States Supreme Court, Congress feared that the Court might strike the Reconstruction Acts down as unconstitutional. To prevent this, Congress repealed the Habeas Corpus Act 1867, eliminating the Supreme Court's jurisdiction over the case.
However the right to remain silent "does not denote any single right, but rather refers to a disparate group of immunities, which differ in nature, origin, incidence and importance".Lord Mustill, R. v. Director of Serious Fraud Office, ex parte Smith (1992)) Lord Mustill identified six rights contained within the umbrella term: There were a number of projects to modify the law, such as the 1972 Criminal Law Revision Committee. The committee recommended that inferences should be drawn from silence, but the committee report was strongly opposed.
The Patent Office granted the reexamination petition and the claim against MagicJack/Vocaltec was stayed pending its outcome. In December 2013 netTalk received a Patent Office Notice of Intent to Issue Ex Parte Reexamination Certificate for netTalk’s U.S. Patent Number 8,243,722. In January 2014, netTalk petitioned the courts to restart the aforementioned lawsuit against MagicJack Vocaltec, MagicJack Holdings f/k/a YMAX Hodings and Daniel Borislow. On February 27, 2014, netTalk received the reexamination certificate which restated that all three claims of the ‘722 patent were allowable.
The law of Scotland is different from the law of England on this matter: see, for England, R v Chief Rabbi of the United Hebrew Congregations of Great Britain ex parte Wachmann[1992] 1 WLR 1036 in which Simon Brown J held that a decision of the Chief Rabbi to terminate a rabbi’s employment was not reviewable: to attract the court’s supervisory jurisdiction, there must be ‘not merely a public but potentially a governmental interest in the decision-making power in question.’ [at page 1046, emphasis added].
Melanie Roberts has argued that substantive legitimate expectations are easier to uphold in respect of a promise, in contrast to a policy. This is because an unequivocal representation in the form of a promise made to a person carries "a particular moral force" and because holding the public body to that representation is less likely to have serious consequences for the administration as a whole. Ex parte Coughlan is an ideal substantive legitimate expectation claim precisely because it involved a promise to a few individuals.Roberts, p. 117.
A two-part documentary series shown on RTÉ revealed his alleged collaboration with the Third Reich. (The first part was broadcast on RTÉ 1 on 7 January 2007, the second on 16 January). Juliette Folens, his widow, obtained a temporary High Court injunction to prevent the use of a 1987 interview with her husband on an ex parte basis. The interview had been taken twenty years previous, but did not provide information that proved the accusations that he was a member of the Gestapo.
For example, in the case St George's Healthcare NHS Trust v S; R v Collins & Ors, ex parte S[1998] 3 All ER it was held a trespass to the person when a hospital terminated a pregnancy involuntarily because the mother was diagnosed with severe pre-eclampsia. The court held that an unborn child's need for medical assistance does not prevail over the mother's autonomy and she is entitled to refuse consent to treatment, whether her own life or that of her unborn child depends on it.
Justices of the peace were authorized to "inflict whipping, imprisonment, and fine as high as 500 pounds of tobacco" and to hear civil cases with an amount in controversy up to $20.More, 7 U.S. at 167 (oral argument). One year after More, in Ex parte Burford (1806), the Marshall Court's first original habeas case, the Court granted a writ of habeas corpus to a prisoner subjected to preventive detention by the D.C. justices of the peace.Ex parte Burford, 7 U.S. (3 Cranch) 448 (1806).
The firm has three partners, Martin Howe BA (Hons), Kieran O'Rourke LLB (Hons), and David Enright LLB (Hons), all solicitors. The firm has been involved in several high-profile cases, including human rights claims following the Stansted Airport hijacking in February 2000, the criminal cases and human rights claims following the 3-day siege at the Greek Embassy in February 1999, and the successful House of Lords challenge to the safety of France for asylum seekers (R v Secretary of State for the Home Department ex parte Adan & Aitseguer (2001) 2 AC 477).R v Secretary of State for the Home Department ex parte Adan & Aitseguer (2001) 2 AC 477 Howe & Co currently acts for approximately 2,000 British Army Gurkha veterans who are challenging the British Government's refusal to allow them a right to settle and live in the UK. The firm was instructed by Tul Bahadur Pun VC, an 84-year-old Gurkha veteran who won Britain's highest military award for gallantry, the Victoria Cross, during the Second World War. Mr Tul Bahdur Pun VC was refused a right to settle in the United Kingdom.
Ex Parte Submission in the Matter of Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Willkie, Farr & GallagHer LLC, June 7, 2005. Submitted by counsel (Snap Ex Parte) asserting that Snap, which desires to offer VRS and receive compensation from the Fund, sought state certification but no state expressed an interest. (i) a description of the forms of TRS to be provided (i.e., VRS, IP Relay and/or IP CTS); (ii) a description of how the provider will meet all non-waived mandatory minimum standards applicable to each form of TRS offered; (iii) a description of the provider's procedures for ensuring compliance with all applicable TRS rules; (iv) a description of the provider's complaint procedures; (v) a narrative describing any areas in which the provider's service will differ from the applicable mandatory minimum standards; (vi) a narrative establishing that services that differ from the mandatory minimum standards do not violate applicable mandatory minimum standards; (vii) demonstration of status as a common carrier; and (viii) a statement that the provider will file annual compliance reports demonstrating continued compliance with these rules.
The Bill was reintroduced in 1948 and again in 1949, before the 1911 Act was finally used to force it through.R. v. H.M. Attorney General, ex parte Jackson [2005] EWHC 94 (Admin), 28 January 2005 Since the 1911 Act required a delay over three "sessions", a special short "session" of parliament was introduced in 1948, with a King's Speech on 14 September 1948, and prorogation on 25 October. The amended Parliament Act was never used in the 1940s or 1950s, possibly because the mere threat of it was enough.
The applicant must serve the ex parte originating summons, the statement, the supporting affidavit, the order granting leave, and the summons by which the prerogative order is actually applied for, on all persons directly affected. Where the application relates to court proceedings and is intended to compel the court or a court official to do an act relating to the proceedings, or to quash the proceedings or any order made in them, the documents must be served on the registrar of the court and the other parties to the proceedings.
The official text declaring the opening of the cause was: "Summus Pontifex Benedictus XVI declarat, ex parte Sanctae Sedis, nihil obstare quominus in Causa Beatificationis et Canonizationis Servi Dei Pii Barnabae Gregorii VII Chiaramonti". Work on the cause commenced the following month in gathering documentation on the late pope. He has since been elected as the patron of the Diocese of Savona and the patron of prisoners. In late 2018 the Bishop of Savona announced that the cause for Pius VII would continue following the completion of initial preparation and investigation.
One of the Court's early awards was the landmark Harvester case (Ex Parte H.V. McKay of 1907), delivered by Justice H.B. Higgins, which introduced the concept of the living wage into Australian industrial relations. Within 25 years, the concept of a living wage had been extended to most of the Australian workforce, and influenced later decisions establishing certain types of paid leave, and equal pay for indigenous Australians and women. During the Great Depression, the Court reduced wages by 10%. The Court also decided cases setting the standard working week in Australia.
Knox CJ and Gavan Duffy J noted that the impossibility of obedience test (see R v Licensing Court of Brisbane; Ex parte Daniell). may not be appropriate in all circumstances. They formulated a new test: where one statute confers a right, and the other takes away the right, even if the right may be waived or abandoned, there is an inconsistency, whereupon the State law would then be invalid to the extent of the inconsistency. Isaacs and Rich JJ agreed with Knox CJ and Gavan Duffy J regarding the denial of rights test.
On the other hand, the reasonable suspicion test asks whether a reasonable and fair-minded person sitting in court and knowing all the relevant facts would have a reasonable suspicion that a fair trial for the litigant is not possible.R v Liverpool City Justices, ex parte Topping [1983] 1 W.L.R. 119 at 123, High Court (Queen's Bench) (England & Wales). Although not currently adopted in the UK, this test has been endorsed by the Singapore courts.Jeyaretnam Joshua Benjamin v. Lee Kuan Yew [1992] 1 S.L.R.(R.) 791 at 825–826, paras.
The conclusion seems to me inescapable that, if Illinois can bar this petitioner from the practice of law it can bar every person from every public occupation solely because he believes in nonresistance, rather than in force. Black concluded that the Illinois Constitution's requirement was essentially a "test oath," an oath designed to test one's loyalty before any illegal act had actually occurred. But, relying on Cummings v. Missouri, 71 U.S. 277 (1867) and Ex parte Garland, 71 U.S. 333 (1866), Black said that test oaths were anathema to the Constitution.
This exception has in subsequent cases been used to allow courts to be vested with wide-ranging powers. Thus, in R v Joske; Ex parte Australian Building Construction Employees and Builders' Labourers' Federation, powers such as reorganising unions and invalidating union rules were allowed to be exercised by a Chapter III court.. However, the exclusion of non-judicial power from a Chapter III court does not preclude individual justices from performing non-judicial functions, provided that they do so in their personal capacity; that is, they act as "persona designata".; see also .
Price and Coleman married several months later. On May 1 and 2, 2008, they made a well-publicized appearance on the show Divorce Court to air their differences in an attempt to save their marriage. Nevertheless, they divorced in August 2008, and Coleman was granted an ex parte restraining order against Price to prevent her from living in his home when he was hospitalized after their divorce. According to a court petition later filed by Price, she and Coleman continued to live together in a common-law marriage until his death.
In Ex Parte Sidelsky, an important case in the South African law of succession, the deceased made a provision in his will (executed in 1944) to pay his daughter £55 per month out of his deceased estate. In 1982, the daughter requested the court to increase this amount, as the Consumer Price Index (CPI) had increased by 825% between 1944 and 1982. The court held that the testator could not have envisaged such a large increase. Accordingly the amount was increased to R1500 per month, and annual increases linked to the CPI were provided for.
In Ex parte Stephens' Estate,1943 CPD 397 an important case in the South African law of succession, the deceased disposed of his estate in terms of fractions, but only provided for nine tenths of the estate. One tenth, therefore, was not provided for. It was argued that it should be divided among the named beneficiaries in the will. The court held that the Roman law nemo pro parte rule did not apply in South Africa; therefore, the estate was to be divided partly testate and partly intestate.
The Court drew a distinction between the Compulsory Process Clause and the Confrontation Clause. Even though Melendez-Diaz had the opportunity to call the forensic analyst as a witness at his option, this was no substitute for the protections of the right of confrontation. This would shift the burden of producing adverse witnesses on the defendant rather than on the prosecution. The Court agreed with the scenario proposed by the petitioner: that the prosecution would present affidavits to the judge ex parte and wait for the defense to subpoena whom he chose.
Divya Goya of Indian Express writes, "The film promises to be high on drama and violence as this time 'Love is at War'." It also attracted praise from actor Amitabh Bachchan. Some religious groups opposed the movie claiming that the former title Ramleela was misleading because the movie had nothing to do with Ramlila, traditional enactment of the life and story of Hindu deity, Lord Rama. A local court in Mumbai has issued an "ex-parte ad-interim stay" over the use of term Ramleela in the movie title.
Guido last subscribes to a document dated 16 May 1149, and his successor, Boso, was cardinal-deacon in November. The Gesta Adalberonis records that he was "a very wise man and notably eloquent" (virum prudentissimum et breviloquio notabilem) and Otto of Freising singles him out: "many great and learned men [come] out of the Roman part of the Church, one of whom was Guido the Pisan, who was a cardinal and chancellor of [the Roman] court" (ex parte Romanae ecclesiae viros magnos et claros, quorum unus Guido Pisanus, eiusdem curiae cardinalis et cancellarius erat).
1981) (en banc) (after the Eleventh Circuit was split off from the Fifth Circuit, adopting precedent of Fifth Circuit as binding until overruled by the Eleventh Circuit en banc: "The [pre-split] Fifth followed the absolute rule that a prior decision of the circuit (panel or en banc) could not be overruled by a panel but only by the court sitting en banc. The Eleventh Circuit decides in this case that it chooses, and will follow, this rule."); Ex parte Holt, 19 USPQ2d 1211, 1214 (Bd. Patent App.
On 3 February 2016, the Chief Magistrate, Soji Adegboye of the Ado Ekiti Magistrate Court, ordered the immediate arrest of Aluko for perjury on a motion Ex parte number MAD/10 cm/2016, filed by the Ekiti State Government against Aluko and the State Commissioner of Police. The motion was made pursuant to Section 117 of the Criminal Code Law, Cap C16, law of Ekiti State 2012, Section 79 of the Ekiti State Administration of Criminal Justice Law 2014 and Section 23 (D) of the Magistrates’ Courts Law 2014.
A right in rem or a judgment in rem binds the world as opposed to rights and judgments inter partes which only bind those involved in their creation. Originally, the notion of in rem jurisdiction arose in situations in which property was identified but the owner was unknown. Courts fell into the practice of styling a case not as "John Doe, Unknown owner of (Property)", but as just "Ex Parte (property)" or perhaps the awkward "State v. (Property)", usually followed by a notice by publication seeking claimants to title to the property; see examples below.
Associate Justice Pierce Butler dissented, joined by Associate Justice James Clark McReynolds. Relying on In re New York & Porto Rico Steamship Co., 155 U.S. 523 (1895) and Ex Parte Chicago, Rock Island & Pacific Railway Company, 255 U.S. 273 (1921), Butler held that writs of prohibition and mandamus were appropriate only when the lower court had no jurisdiction to hear a case.In re Labor Board, 304 U.S. at 497. The majority's ruling was flawed, he said, because it would allow the NLRB to avoid judicial review of its orders simply by not filing transcripts.
The final decision of the PTO appellate board was that while the claim could be interpreted to describe machinery such as a combination of elements such as an arithmetic logic unit (ALU), read-only memory (ROM), and shift registers, it could also be interpreted to describe a programmed general purpose digital computer. The board considered the claim thus to be the equivalent of a claim to computer instructions for carrying out a mathematical algorithm and therefore not patentable subject matter under 35 U.S.C. § 101.Ex parte Alappat, 23 U.S.P.Q.2d (B.N.A.) 1340 (B.
The courts could only step in if the error of law affected the jurisdiction of the public body to act, for example, if the public body erroneously interpreted the scope of the powers conferred upon it, and thus made a decision which it had no power to make. In R v Medical Appeal Tribunal, ex parte Gilmore (1957), the legality of the total ouster clause in section 36(3) of the National Insurance (Industrial Injuries) Act 1946National Insurance (Industrial Injuries) Act 1946 (9 & 10 Geo. VI, c. 62, UK).
If the people are to accept the consequences > of such decisions, they must be made by persons whom the people have elected > and whom they can remove. It appeared that he was willing to defer to the executive in matters concerning national security in the fairly long tradition of English judges deferring to the executive in such matters, including Lord Denning in ex-parte Hosenball. However, in 2004, Hoffmann took a robust stand (joining the majority of judges in the decision) against the executive in the Belmarsh case, A v. SSHD [2004] UKHL 56.
Klement, p.174 and 176. Besides Dodd and Bowles, among the other men accused of treason were Democrats Lambdin P. Milligan, a lawyer living in Huntington, Indiana; Andrew Humphreys of Greene County, Indiana; and Stephen Horsey of Martin County, Indiana.Klement, pp. 130, 176, and Alan T. Nolan, "Ex Parte Milligan: A Curb of Executive and Military Power" in See also: Dodd, who was the first to be tried, escaped from jail before his trial was completed, and fled to Canada. On October 10, 1864, he was found guilty, convicted in absentia, and sentenced to hang.
Dennis Rodgers was a convicted sex offender who was serving his sentence in an Ontario prison. Since Rodgers was sentenced before the enactment of the 1998 DNA Identification Act, his blood sample was not taken upon sentencing to be placed in the national database. Under the section 487.055(1)(c) of the Criminal Code, the Crown applied for an ex parte application for the DNA sample. Rodgers challenged the application on the basis that the enabling Code provision violated the rights within Canadian Charter of Rights and Freedoms.
4876 was built in 1939 at the Pennsylvania Railroad's Altoona Works in Altoona, Pennsylvania, and was the 77th locomotive in its class.Stauffer, p. 280. It operated between New York City, Philadelphia and Washington, D.C. on the electrified Northeast Corridor. At 8:38 AM on the morning of January 15, 1953, 4876 was the subject of a wreck while pulling southbound Federal Express #173 from Boston, Massachusetts, to Washington, D.C. Upon nearing an "Approach" signal about outside of Washington, the engineer applied the brakes to slow the train down from ."Ex Parte No. 184", p. 6.
The United States noted Wong Wing was not referenced in the opinion of Fitzpatrick v. United States (178 U.S. 304) (1900), a case that occurred four years later. The United States claimed that this omission meant Wong Wing did not apply, or had been set aside by the Supreme Court, but this argument is rejected in the court's opinion for two reasons: “… a case is not overruled merely by an omission to mention it”; and Ex Parte Wilson had been cited in both Wong Wing and Fitzpatrick to justify the findings of each case.
The appellant close corporation had, without notice, brought an urgent ex parte application seeking a rule nisi with interim effect against the first and second respondents. The order, referred to as an Anton Piller order by counsel, was granted by the High Court. The order provided for the removal of goods by the sheriff and the handing over of those goods to the appellant. The sheriff, together with a member of the appellant and the appellant's attorney, duly proceeded to the residence of the first and second respondents, and seized what they wanted.
The Court, in an opinion by Justice Rehnquist, concluded that private litigants could not avoid the bar of state sovereign immunity by manipulating the doctrine of Ex parte Young. No case examining state sovereign immunity had held that states could be required to repay funds that had wrongfully been withheld. In almost all the cases that had permitted retrospective recovery against the states, the state had not raised the issue of state sovereign immunity. The Supreme Court also overruled any cases in which the state had raised the issue and lost.
In 2011, Vijay Rupani HUF entity sold shares worth about 35000 in Sarang Chemicals in a single transaction which were purchased in 2009 at about 63000, making a loss. The SEBI, the regulator, had charged 22 entities, including Vijay Rupani HUF, for "manipulative trades" by pump and dump. In November 2017, the SEBI issued ex parte order imposing a penalty of 1500000 to Vijay Rupani HUF for creating misleading appearance in the stocks. Vijay Rupani HUF said that the penalty was imposed without giving opportunity to be heard.
Citing his dissent in Hamdi v. Rumsfeld, Thomas briefly reprised the roles granted by the Constitution to the three different branches in time of war. He argued that under the framework established in Ex parte Quirin and Youngstown Sheet & Tube Co. v. Sawyer, President Bush's decision to try Hamdan before a military commission "is entitled to a heavy measure of deference", inasmuch as Congress had authorized the President to use all necessary and appropriate force to prevent future acts of terrorism when it passed the Authorization for Use of Military Force.
In 1889, Sir Clements Markham, an English explorer, author and geographer, pointed out that a Latin legend on the terrestrial globe, placed off the Patagonian coast, states: "Thomas Caundish 18 Dec. 1587 hæc terra sub nostris oculis primum obtulit sub latitud 47 cujus seu admodum salubris Incolæ maturi ex parte proceri sunt gigantes et vasti magnitudinis"."Introduction", Tractatus de Globis, pp. xxx. However, Helen Wallis, former Map Curator of the British Library, observed in 1951 that this was unlikely, because Molyneux incorrectly plotted Cavendish's course in Maritime Southeast Asia.Wallis, "The first English globe", p. 283.
The officer who tested him had grown up in northern Scotland, and did not have a particularly good grasp of Scottish Gaelic himself. In the High Court case of R v Wilson; ex parte Kisch the court found that Scottish Gaelic was not within the fair meaning of the Act, and overturned Kisch's convictions for being an illegal immigrant. The failure to exclude Kisch brought the dictation test into widespread public ridicule. In 1936, the dictation test was controversially used again to exclude Mabel Freer, a white British woman born in India.
On August 5, 1881, after a long simmering feud, Crow Dog shot and killed Chief Spotted Tail on the Rosebud Indian Reservation. Crow Dog was arrested and tried in a territorial court in Deadwood, Dakota Territory, and found guilty of murder and sentenced to hang. In the case of Ex parte Crow Dog, the United States Supreme Court overturned the verdict because the Deadwood Court had no jurisdiction in a case of one Indian killing another on reservation lands. Crow Dog was released and returned to the Rosebud.
Retrieved 11 May 2011.Attorney General's appeal aims to increase Gordon Nuttall's sentence The Courier Mail – Mark Oberhardt – (10 May 2011) -. Retrieved 11 May 2011. On 7 June 2011, the appeal was upheld and an extra two years jail was handed down, extending his non-parole period to July 2015.Nuttall gets more jail time after appeal – Jason Rawlins – Australian Broadcasting Corporation (7 June 2011) -. Retrieved 7 June 2011.Supreme Court of Queensland – R v Nuttall; ex parte A-G (Qld) (2011) QCA 120 – (Delivered 7 June 2011) -. Retrieved 7 June 2011.
2: "Dum hec aguntur, ex parte Sclavorum bellum ingruit horridum, hortatu Wigmanni comitis et Ecberthi, ducatu autem Nacconis et Stoinnegui fratris eius. Quos Heremannus dux superare diffidens, regis auxilium petivit. Hic ut erat impiger, milicia fortis aquilonales regiones invadit, malum, ut scriptura dicit, sepissime pandentes; ibique Stoinneguum, luco absconditum fugientibusque sociis captum, decollari precepit, confratres autem, tanti sceleris auctores, Wigman num, matertere regis filium, et Ecbertum fugavit." Short mentions of the battle are recorded in the respective paragraphs about the year 955 in the continuation of the annals of Prüm AbbeyPrumiensis Chron. a.
Sometimes the Crown Prosecution Service conduct the case on behalf of the police, but the police service is liable for any costs awarded in favour or against the prosecutor. Breach of the Peace is not an offence, in the sense that it is not punishable either by a fine or imprisonment either at statute or common law and nor do proceedings for breach of the peace give rise to any conviction.R. v. County of London Quarter Sessions Appeals Committee, ex parte Metropolitan Police Commissioner [1948] 1 KB 670, per Lord Goddard, CJ; Williamson v.
The significance of this right and its importance to democracy has been emphasised by the New Zealand courts. It has been described as the primary right without which the rule of law cannot effectively operate.R v Secretary of State for the Home Department, ex parte Simms [2000] 2 AC 115 at p125 The right is not only the cornerstone of democracy; it also guarantees the self-fulfilment of its members by advancing knowledge and revealing truth.A Bill of Rights for New Zealand: A White Paper (New Zealand Parliament House of Representatives) 1985. AJHR.
Nonetheless, she was persuaded to travel with Maria to Singapore in April to discuss the issue with the Dutch Consul-General. However, Aminah could not be persuaded and the Consulate applied to the High Court of Singapore on 22 April for Maria to be delivered into the custody of the Social Welfare Department, pending further order. The Chief Justice heard the request the same day and approved the application ex parte. The next day, an officer from the department served the order on Aminah and took Maria away.
The duo then parted in tears, with Maria returned to York Hill for temporary safekeeping. Maria stayed at York Hill for two more months under a further order from the Chief Justice pending appeal, which was filed on 28 July. The verdict was an over-ruling of the earlier decision. Aside from the ex parte order to hand Maria to the Social Welfare Department, the Appellate Court found ambiguity in the Dutch Consul-General's representation of Maria's natal father, a rather minor and technical detail but apparently significant enough under the circumstance.
Lee Kuan Yew [1992] SGCA 27, [1992] 1 S.L.R.(R.) 791, Court of Appeal (Singapore), archived from the original on 28 October 2013. that the applicable test in Singapore for apparent bias was the reasonable suspicion test. The judges held that the question to be asked under the test was: "Would a reasonable and fair-minded person sitting in court and knowing all the relevant facts have a reasonable suspicion that a fair trial for the applicant was not possible?"R. v. Uxbridge Justices, ex parte Burbridge, The Times (London; 21 June 1972), H.C. (Div.
The Representation of the People Act 1983 does not provide for decisions of the election court to be challenged. However, in R v Cripps ex parte Muldoon the divisional court of Goff LJ and Mann J decided that decisions of a local election court may be judicially reviewed. An application for permission to bring a judicial review was made by Lutfur Rahman in July 2015, with a hearing held on 26 January 2016. The application was made in the hopes of reducing Rahman incapacity from holding elective office from five years to three years.
Cullen was called to the bar in 1883 and his progress at first was slow. But, he eventually took high rank at the equity bar, and argued with much success before the Supreme Court of New South Wales and the High Court of Australia (an institution whose creation he had vigorously supported). He became a KC in 1905. He regularly appeared in the High Court, and was considered one of the leading barristers appearing in the High Court, including appearing in R v Governor of South Australia; Ex parte Vardon, Union Label case,.
112, 114. Section 14 of the 1825 Act provided that "the trial of all offenses which shall be committed upon the high seas or elsewhere, out of the limits of any state or district, shall be in the district where the offender is apprehended, or into which he may be first brought." The 1825 wording appeared to ratify the holding of Ex parte Bollman, which had held that the Territory of Orleans—in which federal territorial courts were constituted—was not a place eligible for alternate venue under the 1790 Act.
The court is the sole judge of these questions. In Ex parte Coughlan the Court of Appeal observed that this role is defined by the requirement for procedural and substantive fairness in public law. The court plays a role of ensuring that such fairness is observed in dealings between public authorities and members of the public, since "reneging without adequate justification, by an otherwise unlawful decision on a lawful promise or practice adopted towards a limited number of individuals" can be considered an abuse of power by an authority.Ex parte Coughlan, p. 245, para.
Thus, on the facts of the case, there was no possibility of actual bias whatsoever. Yet the decision in question was set aside because justice had to be seen to be done. Judicial Commissioner Menon highlighted that the underlying principle protected the appearance of justice being done, and reasoned that it would not be relevant under such a principle to consider whether justice was actually done. Nor did he think that Gough could be reconciled with ex parte McCarthy, despite the attempt in Gough attempt to confine the latter case to its own facts.
Beginning in 1958, telescopes began to be built atop Maui's Haleakalā summit becoming the Haleakalā High Altitude Observatory Site, owned and managed by the University of Hawaii. In 2010 the Hawai'i Department of Land and Natural Resources issued a permit for the construction, but that permit was revoked because it was granted before a required contested case hearing. Two hearings had to be held because the hearing officer of the first meeting was disqualified for ex parte communications with representatives of Daniel Inouye. The second meeting resulted in the new hearing officer recommending the permits.
Two army officers, B and D had been passing information from the COBRA committee to British Sky Broadcasting Ltd (B Sky B) in the person of Sam Kiley. The Commissioner of the Metropolitan Police (the Commissioner) had made an inter partes application for a production order, to the circuit judge. Certain evidence was offered ex parte over the objections of B Sky B. The judge granted the order, and B Sky B applied to the Administrative Court for a judicial review. The Administrative Court quashed the production order ([2011] EWHC 3451 (Admin)).
Ex parte Crow Dog was a US Supreme Court appeal by an Indian who had been found guilty of murder and sentenced to death. The defendant was an American Indian who had been found guilty of the murder of another American Indian. Crow Dog argued that the district court did not have the jurisdiction to try him for a crime committed between two American Indians that happened on an American Indian reservation. The court found that although the reservation was located within the territory covered by the district court's jurisdiction, Rev. Stat.
Under New York Code of Criminal Procedure § 813-a, police obtained an ex parte order to bug the office of attorney Ralph Berger. Based on evidence obtained by the surveillance, Berger was convicted of conspiracy to bribe a public official. The statute allowed electronic eavesdropping for up to two months upon a standard of "a reasonable ground to believe that evidence of a crime may be thus obtained." Further two-month extensions of the original order could be granted if investigators made a showing that such surveillance would be in the public interest.
The traditional definition of marriage is a "legally recognised life-long voluntary union between one man and one woman to the exclusion of all other persons,"Cronje et al 149.A number of the common-law definitions of marriage are cited by Van Zyl J in Ex parte Inkley and Inkley 1995 3 SA 528 (C) 535–536. or "a union of one man and one woman who mutually agree to live together as spouses until the marriage is dissolved by the death of one of them or as otherwise provided by law."Clark A3.
O'Reilly, p. 274. Although initially unclear, the nature and boundaries of the doctrine of legitimate expectation have been elucidated by seminal cases such as Council of Civil Service Unions v Minister for the Civil Service (the GCHQ case, 1983).. and R v North and East Devon Health Authority, ex parte Coughlan (1999).. Notwithstanding efforts of the courts, some ambiguity as to when legitimate expectations arise persisted. In response, Lord Justice of Appeal John Laws proposed the aspiration of "good administration" as a justification for the protection of legitimate expectations..
Anthony Cramer, a German-born mechanic, had associated with two Germans, Werner Thiel and Edward Kerling, one of whom he had prior business dealings with. The two were later found to be in the United States for the purpose of sabotage, as part of Operation Pastorius (see Ex parte Quirin). In the aftermath of the failure of that operation, Cramer was also arrested and convicted on the basis of this association. Judge Henry W. Goddard set his prison term at 45 years, along with a fine of $10,000.
In 1864, Lambdin P. Milligan and four others were accused of planning to steal Union weapons and invade Union prisoner-of-war camps and were sentenced to hang by a military court. However, their execution was not set until May 1865, so they were able to argue the case after the war ended. In Ex parte Milligan (1866),. the U.S. Supreme Court decided that Congress's 1863 suspension of the writ did not empower the President to try to convict citizens before military tribunals where the civil courts were open and operational.
However, for notice and terms of employment, the threshold was gradually lowered and then abolished after it was found incompatible with the Equal Treatment Directive, 76/207/EEC, by the House of Lords in R v. Secretary of State for Employment, ex parte Equal Opportunities Commission.[1994] IRLR 176, noted by Simon Deakin [1994] 23 ILJ 151 To get a written statement, it was necessary to wait for five weeks of employment. Under the Act, it was a criminal offence, punishable by fine, for the employer to refuse to give the requisite written statement.
These 'child-saving efforts' were early attempts at differentiating between delinquents and abandoned youth. Prior to this ideological shift, the application of parens patriae was restricted to protecting the interests of children, deciding guardianship and commitment of the mentally ill. In the 1839 Pennsylvania landmark case, Ex parte Crouse, the court allowed use of parens patriae to detain young people for non-criminal acts in the name of rehabilitation. Since these decisions were carried out "in the best interest of the child," the due process protections afforded adult criminals were not extended to juveniles.
However, the courts' role in protecting substantive legitimate expectations was clearly established by the Court of Appeal of England and Wales in R. v. North and East Devon Health Authority, ex parte Coughlan (1999). The case involved an applicant who was promised by her local authority that a new nursing home would be her "home for life". The Court granted the application for review on the ground that the applicant had a legitimate expectation to have the substantive benefit of staying in the nursing home as promised by the local authority.
Garfield was one of three attorneys who argued for the petitioners in the landmark Supreme Court case Ex parte Milligan in 1866. His clients were pro-Confederate northern men who had been found guilty and sentenced to death by a military court for treasonous activities. The case turned on whether the defendants should instead have been tried by a civilian court, and resulted in a ruling that civilians could not be tried before military tribunals while the civil courts were operating. The oral argument was Garfield's first court appearance.
Beginning in the 1940s and continuing into the 1970s, the bureau investigated cases of espionage against the United States and its allies. Eight Nazi agents who had planned sabotage operations against American targets were arrested, and six were executed (Ex parte Quirin) under their sentences. Also during this time, a joint US/UK code- breaking effort called "The Venona Project"—with which the FBI was heavily involved—broke Soviet diplomatic and intelligence communications codes, allowing the US and British governments to read Soviet communications. This effort confirmed the existence of Americans working in the United States for Soviet intelligence.
Fine Gael lost power following the 1987 general election, but he was reelected to the Dáil despite he and constituency colleague Richard Bruton only achieving 24% of the vote combined. He was appointed Fine Gael spokesperson for Labour by Alan Dukes in 19867 and subsequently Education in 1988. He proposed that injunctions restraining strikes should be not be held ex parte and that unofficial strikes should be banned. In March 1988 he introduced the Statute of Limitations (Amendment) Bill 1988, an unsuccessful private members' bill, into the Dáil, to change the time limits for personal injuries.
Albie's Foods responded by filing a request for ex parte reexamination. The examiner rejected the claims in the patent, and the rejection had been appealed to the BPAI. The BPAI rejected the claims, and in 2006, the USPTO issued a Notice of Intent to Issue a Reexam Certificate,US PAIR file 90/005,949, requires interactive retrieval, retrieved on October 20, 2013 which was subsequently issued in 2007 cancelling all claims of the patent.USPTO patent full text In 2008 the patent lapsedUS PAIR file 6,004,596, requires interactive retrieval, retrieved on October 20, 2013 due to the patent owner not paying the renewal fee.
Before the First Circuit, the Mashpee argued: (1) that the district court should have granted their motion for a continuance; (2) that the district court erred in instructing the jury on the definition of a "tribe"; (3) that the district court erred in allocating the burden of proof to the Mashpee; (4) that the district court erred in not granting a new trial on the basis of the special verdict; and (5) that the district court erred in its handing of ex parte communication with a juror. The First Circuit rejected all these arguments and affirmed.
Hicks The first bloodshed of the war occurred in Baltimore when the 6th Massachusetts Militia battled an attacking mob while marching between railroad stations on April 19, 1861. After that, Baltimore Mayor George William Brown, Marshal George P. Kane, and former Governor Enoch Louis Lowe requested that Maryland Governor Thomas H. Hicks, a slave owner from the Eastern Shore, burn the railroad bridges and cut the telegraph lines leading to Baltimore to prevent further troops from entering the state. Hicks reportedly approved this proposal. These actions were addressed in the famous federal court case of Ex parte Merryman.
In Ex parte Adams, the Supreme Court of Alabama remanded the death sentence of a juvenile for a rehearing in the lower court in light of the Roper decision, which was released while the Adams case was pending appeal. Justice Tom Parker, who had participated in the prosecution of the case, recused himself. He published an op-ed in The Birmingham News to criticize his non-recused colleagues for their decision. Justice Parker wrote that "State supreme courts may decline to follow bad U.S. Supreme Court precedents because those decisions bind only the parties to the particular case".
Ex Parte Naude was an important case in South African succession law. It involved a testator who had set aside three of the shares into which he had divided his estate. This was done for the purpose of establishing a trust fund --with power to the trustees to invest the capital constituting the trust--and an obligation imposed upon them to use the interest derived from the investments for certain specified purposes. In the event of a surplus of interest over and above the amount required for the said purposes, they were to apply the surplus in augmentation of the trust fund.
16-18 The STB imposed on March 17, 2000 a 15-month moratorium (STB Ex Parte No. 582) on mergers involving any two Class I railroads, citing widespread opposition not only to the merger but its effects, likely starting the final round of mergers into two big systems. BNSF and CN immediately turned to the U.S. Court of Appeals,Michael W. Blaszak, STB slams on the brakes on mergers, Trains, June 2000, pp. 16-17 which on July 14 ruled that the STB's right to regulate mergers allowed a moratorium, and the two railroads called off the merger.
Davis v. South Carolina (1883) concerned an attempt by a state court to continue criminal proceedings in spite of an effected federal officer removal. On the merits, the Court held that an assistant U.S. Marshall was entitled to official immunity. Further, the Court held that bail could not be forfeited for failing to appear in state court after the removal.Davis v. South Carolina, 107 U.S. (17 Otto) 597 (1883). ;Courts-martial In Ex parte Reed (1879), the Court held that the clerk of the navy postmaster could permissible be tried by courts martial.Ex parte Reed, 100 U.S. (10 Otto) 13 (1879).
It is on the order of the factual standard of proof needed to achieve a finding of "probable cause" used in ex parte threshold determinations needed before a court will issue a search warrant. It is a lower standard of proof than the "preponderance of the evidence" standard. The standard does not require the fact-finder to weigh conflicting evidence, and merely requires the investigator or prosecutor to present the bare minimum of material credible evidence to support the allegations against the subject, or in support of the allegation; see Valmonte v. Bane, 18 F.3d 992 (2nd Cir. 1994).
Congress determined to take control of Reconstruction, compel former Confederates to prove their loyalty before readmission to the Union, and protect the rights of African Americans. In the third Reconstruction Act, which Johnson and Stanbery opposed, Congress limited the president's authority with respect to post-war Reconstruction and became predominant in the process. During his service as Attorney General, Stanbery successfully argued Ex parte Milligan, in which the United States Supreme Court held that military tribunals for civilian defendants were illegal in jurisdictions where the civilian criminal justice system was functioning. He also argued Mississippi v.
Re Pearson; Ex Parte Sipka The Act also denied the vote to native people of Asia, Africa and the Pacific Islands except New Zealand. Garran's interpretation of section 41 was challenged in 1924 by Mitta Bullosh, a Melbourne resident Indian who had been accepted as a voter by Victoria but rejected by the Commonwealth. He won his case in the District Court, and the Commonwealth government later withdrew a High Court challenge to the judge's ruling. The effect of the 1924 finding was that indigenous Australians in all states except Queensland and Western Australia could vote in federal polls.
Wonford Road in Exeter, UK. Near this place along the same road is the Royal Devon and Exeter NHS Foundation Trust's Mardon Neuro-Rehabilitation Centre. When it was known as Mardon House, its threatened closure led to a 1999 judgment, ex parte Coughlan, in which the Court of Appeal of England and Wales said a disabled resident's legitimate expectation that she would have a "home for life" there had been breached by a health authority then managing the facility. Some of the pioneering cases of the doctrine in British law are Schmidt v. Secretary of State for Home Affairs (1968), O'Reilly v.
One Democrat with no reason to appreciate him wrote a colleague that among all the Republicans, "Edmunds made the most impression upon me. I couldn't help admiring his clear and incisive way of putting a question, although it appeared to me that his manner is occasionally very irritating. This manner of his is very much that of a lawyer employed as counsel in a case, who therefore makes ex parte statements, and thinks it fair to make all manner of allegations."Perry Belmont to Thomas F. Bayard, January 11, 1875, Thomas F. Bayard Papers, Library of Congress.
He had spilled some sauce on it at lunch, removed it, and left it on his desk where someone could find it and use it to strangle Bertha Aaron. Late that night, after Inspector Cramer and other police investigators have left, Otis arrives, along with one of the law firm's associates, Ann Paige. The death of his valued secretary has upset Otis, and he wants to know what happened. Wolfe allows Otis to read a copy of the statement Archie gave the police, and Otis is clearly shaken by the report of the ex parte communication.
The Supreme Court began its majority analysis, written by Associate Justice Charles Evans Hughes, by dismissing any importance of fact that the plaintiff was a black man. The Court then analyzed the statute at issue using the Alabama Supreme Court's decision in Ex Parte Riley, 94 Ala. 82 (1892) and stated, "To justify conviction, it was necessary that this intent should be established by competent evidence, aided only by such inferences as might logically be derived from the facts proved, and should not be the subject of mere surmise or arbitrary assumption."Bailey, 219 U.S. at 232.
1990) The United States Patent and Trademark Office and federal courts no longer consider beneficial utility nor the deceitful or immoral qualities of inventions, beginning with, for example, cases sustaining the patentability of a slot machine in 1977,Ex parte Murphy, 200 U.S.P.Q. 801 (Bd. Pat. App. & Int. 1977) and drink machines with decorative reservoirs that did not contain the drink actually dispensed. However, the USPTO and courts continue to consider whether or not an invention has a definable use at the time of application, excluding inventions that are not operable, a requirement of utility that the invention do what is claimed.
He later joined the majority opinions in United States v. Cruikshank and the Civil Rights Cases, holding that the amendment did not give the U.S. government the power to stop private—as opposed to state-sponsored—discrimination against blacks. In Ex Parte Yarbrough, 110 U.S. 651 (1884), however, Miller held that the federal government had broad authority to act to protect black voters from violence by the Ku Klux Klan and other private groups. Miller also supported the use of broad federal power under the Commerce Clause to override state regulations, as in Wabash v. Illinois.
Some might not be advantaged—they might even be disadvantaged—but the bulk must not be. For sequestration to be to the advantage of creditors, it must yield “at the least a not negligible dividend.” The courts have accepted different amounts as “not negligible”—five cents in the Rand considered sufficient in one case, ten cents considered insufficient in another; in Ex Parte Ogunlaja (2011), for the North Gauteng High Court, at least 20 cent in the Rand. If, after the costs of sequestration have been met, there is no payment to creditors, or only a negligible one, there is no advantage.
R v Pearson; Ex parte Sipka,. was an important Australian court case decided in the High Court of Australia on 24 February 1983. It concerned section 41 of the Australian Constitution, and the question of whether four people eligible to vote in New South Wales could be prevented from voting at the federal level by a federal law which closed registration to vote on the day that the writs of election were issued. The court decided that they could, adopting a narrow interpretation of section 41, and therefore finding that there is no express constitutional right to vote in Australia.
The Foreign Compensation Commission had misinterpreted certain subsidiary legislation, with the effect that almost all claims for foreign compensation would be defeated. Their Lordships held that this misconstruction of the legislation rendered the decision ultra vires, and since the Parliament could not have intended for the ouster clause to protect an ultra vires determination, judicial review was not precluded. Though Anisminic did not expressly abolish the distinction between jurisdictional and non- jurisdictional errors of law, in R v Lord President of the Privy Council, ex parte Page (1992). the House of Lords noted that:Ex parte Page, p. 701.
After the bloodshed in Baltimore, involving Massachusetts troops which were fired on while marching between railroad stations, on April 19, 1861, Baltimore Mayor George William Brown, Marshal George P. Kane, and former Governor Enoch Louis Lowe requested that Hicks burn the railroad bridges leading to Baltimore, in order to prevent further troops from entering the state. Hicks reportedly approved this proposal. These actions were addressed in Ex parte Merryman, the famous case of Maryland militia Captain John Merryman who was arrested by Union forces. After initially denying that he had authorized such actions, Hicks backtracked and voiced his support for the Union.
Johnson was informed that the court had issued the writ and promptly cancelled it at 11:30 A.M. under the authority granted to him by the Habeas Corpus Suspension Act of 1863.Article I, Section 9 of the United States Constitution permits the suspension of the writ of habeas corpus during times of rebellion or whenever the public safety requires it. On April 27, 1861, President Lincoln issued an executive order suspending the writ of habeas corpus. Although successfully challenged in the courts (Ex parte Milligan, 71 U.S. 2 (1866)), Congress passed the Habeas Corpus Suspension Act of 1863 affirming Lincoln's executive order.
After the Colfax massacre in Louisiana, the federal government brought a civil rights case against nine men (out of 97 indicted) who were accused of paramilitary activity intended to stop Black people from voting. In United States v. Cruikshank (1876), the Court ruled that the federal government did not have the authority to prosecute the men because the Fourteenth and Fifteenth Amendments provide only for redress against state actors. However, in Ex Parte Yarbrough (1884) the Court allowed individuals who were not state actors to be prosecuted because Article I Section 4 gives Congress the power to regulate federal elections.
The key question is whether the jury in the Cannon trial would have thought differently of Lawson's evidence if they had known of his involvement in the previous trial? Would his involvement with the police as an informer have painted him in a different light at the trial. Hind certainly thought so asking why the defence did not know about Lawson's defence role in the witness box? The explanation offered was an "ex parte" application made by the Crown Prosecution Service to the judge before the trial asking and getting permission not to disclose certain information.
The examiner must make an application to the High Court for payment of his remuneration, costs and the reasonable expenses incurred by him. The application is made ex parte grounded on an affidavit sworn by the examiner providing details of all work carried out by him and his staff in the relevant period. He must vouch the costs and expenses and must also provide details of the basis on which his fees have been charged. In this regard, the High Court will expect an examiner to have agreed the basis on which his fees will be charged with the petitioner.
From this point onwards, they built houses from stone and other materials, paved roads, built wells and farmed the surrounding land. Sheikh Farhoud Abu al Qi'an argued that before their arrival "It was a desert, with no roads, water, houses or services". In 2001, the Israel Land Authority described its residents as a "special obstacle" in its recommendations. In 2003, there was a state motion to the Magistrates’ Court in Beersheba for the demolition of the village ex parte, without informing the landowners; the state claimed that it was unable to identify or reach the inhabitants.
In Regina v. Director of Public Prosecutions Ex Parte Kebeline and Others [1999], Lord Hope explained that courts should "defer, on democratic grounds, to the considered opinion of the elected body as to where the balance is to be struck between the rights of the individual and the needs of society". Nevertheless, the doctrine has been criticised for representing a way in which the courts should act obediently to the British Parliament to uphold the doctrine of parliamentary sovereignty. However, any suggestions that the House of Lords was being unduly servile to Parliament were overturned by A v Home Secretary [2005].
Since the 1890 case Hans v. Louisiana, the Eleventh Amendment had been held to recognize the sovereign immunity of states from suits by their citizens. However, the 1908 case Ex parte Young had allowed an exception: citizens could seek injunctive relief against state officials to stop them from carrying out unconstitutional state policies. In this case, the Supreme Court examined whether a federal court can require a state to restore funds that had wrongfully been withheld from citizens by the state if the order to restore the funds is an injunction, requiring the state to stop its wrongful possession of the funds.
Crooked faro equipment was so popular that many sporting-house companies began to supply gaffed dealing boxes specially designed so that the bankers could cheat their players. (See section of cheating by dealers below.) Cheating was so prevalent that editions of Hoyle’s Rules of Games began their faro section by warning readers that not a single honest faro bank could be found in the United States. Criminal prosecutions of faro were involved in the Supreme Court cases of United States v. Simms, 5 U.S. (1 Cranch) 252 (1803), and Ex parte Milburn, 34 U.S. (9 Pet.) 704 (1835).
Section 106 clarified the President's authority to investigate, regulate, or prohibit any financial transactions that fall within the jurisdiction of the US. This section also authorized the President to confiscate assets belonging to any "foreign person, foreign organization, or foreign country" who the President found had participated in an attack on the United States. Finally, this section ordered that if action under this section is based on classified information, that information may be presented to the reviewing judicial authority ex parte and in camera – that is, outside the presence (and possibly without the knowledge) of the accused or his attorney.
Doehr received no notice of the proceedings until after the sheriff had levied the attachment. The notice advised Doehr that he could request a post-attachment hearing if he wished. Doehr filed a federal complaint in the United States District Court for the District of Connecticut, contending that the Connecticut pre-judgment attachment procedure violated his constitutional right to due process. The District Court upheld the statute, but the United States Court of Appeals for the Second Circuit reversed, concluding that the statute was unconstitutional because it authorized ex parte attachments without a showing of extraordinary circumstances and without a hearing.
Ex parte Crow Dog, 109 U.S. 556 (1883), is a landmark decision of the Supreme Court of the United States that followed the death of one member of a Native American tribe at the hands of another on reservation land. Crow Dog was a member of the Brulé band of the Lakota Sioux. On August 5, 1881 he shot and killed Spotted Tail, a Lakota chief; there are different accounts of the background to the killing. The tribal council dealt with the incident according to Sioux tradition, and Crow Dog paid restitution to the dead man's family.
Ex parte Bigelow, 113 U.S. 328 (1885), was an application for a writ of habeas corpus to release the petitioner from imprisonment in the District of Columbia jail where he was held, as he alleges, unlawfully by John S. Crocker, the warden of the jail. He presents with the petition the record of his conviction and sentence in the Supreme Court of the District to imprisonment for five years under an indictment for embezzlement, and this record and the petition of the applicant present all that could be brought before the court on a return to the writ, if one were awarded..
In the episode "Ex Parte", Kristy is caught up in a hostage situation at her workplace. The usually calm and collected Simmons nearly strangles the hostage taker to death in a fit of rage but stops when Kristy tells him "It's not you", prompting her husband to let go of the criminal and arrest him instead. In the season 14 episode "Rule 34", it is revealed that Kristy had been going for therapy due to trauma from the hostage incident. Their son David (Declan Whaley) is suspended from school after physically lashing out at a friend over a comment regarding cop shows.
The David Davis Mansion in Bloomington, Illinois. On October 17, 1862, Davis received a recess appointment from President Lincoln to a seat on the U.S. Supreme Court vacated by the resignation of John Archibald Campbell, who had resigned in protest of Lincoln's perceived intent to go to war with seceding Southern states. Formally nominated on December 1, 1862, Davis was confirmed by the United States Senate on December 8, 1862, and received his commission the same day. On the Court, Davis became famous for writing one of the most profound decisions in the Supreme Court history, Ex parte Milligan (1866).
Daniels filed a lawsuit against Trump on March 6, 2018, claiming that the non-disclosure agreement she signed about the alleged affair was invalid since Trump never personally signed it despite acknowledging that she accepted the payment made in exchange for her silence in the matter. It also alleged that Trump's attorney tried to intimidate Daniels and "scare her into not talking". Cohen initiated an ex parte arbitration process the next day that resulted in an order barring Daniels from disclosing "confidential information" related to the non- disclosure agreement. The order that Daniels' lawyers called "bogus" was to remain confidential.
However, his position was upheld on appeal by the Judicial Committee of the Privy Council, at that time the court of last resort for the British Empire, which ruled that the statute was within provincial powers. In another case, Ex parte Renaud, he concurred in the Court's decision upholding the constitutionality of the Common Schools Act of 1871. That decision was also upheld by the Judicial Committee, in Maher v Town Council of Portland. He declined an appointment to be Chief Justice of New Brunswick, remaining a puisne judge until his death at the age of 72.
These motions were also denied. The defendants were convicted and subsequently filed appeals. Exercising their only right to appeal as of right, they appealed to an intermediate Court of Appeals (District court of appeal of California, second appellate district), and, being indigent, applied to it for appointment of counsel to assist them on appeal. In accordance with a state rule of criminal procedure, that Court made an ex parte examination of the record, determined that appointment of counsel for petitioners would not be "of advantage to the defendant or helpful to the appellate court" and denied appointment of counsel.
To the end of the surviving record of the treaty is appended a list of those who "swore on the side of King Ferdinand", and Ponce is listed among them.Barton, "Two Catalan Magnates", 258: ex parte regis Fernandi iurauerunt. Contrary to the Toledan historian's confused account, Ponce de Minerva was unswervingly loyal to Ferdinand II during the lifetime of Sancho III, although the presence of his name alongside the grieved Ponce de Cabrera and Osorio has raised suspicions. On 1 July he and the newly reconciled Ponce de Cabrera confirmed Ferdinand's grant to Rodrigo Sebastiánez, a monk of Oviedo.
The first bloodshed of the Civil War occurred on April 19, 1861 in Baltimore involving Massachusetts troops who were fired on by civilians while marching between railroad stations. After that, Baltimore Mayor George William Brown, Marshal George P. Kane, and former Governor Enoch Louis Lowe requested that Maryland Governor Thomas H. Hicks, a slaveholder from the Eastern Shore, burn the railroad bridges and cut the telegraph lines leading to Baltimore to prevent further troops from entering the state. Hicks reportedly approved this proposal. These actions were addressed in the famous federal court case of Ex parte Merryman.
The issue was whether the court might have regard evidence given by the applicant but not disclosed to the respondent. The principle in Al Rawi that, as a general rule, a respondent should have access to evidence on which the case was based applied to criminal and civil trials, did not extend to applications to obtain evidence from a third party whose substantive legal rights were not involved. However, since the hearing was inter partes a discrete, substantive legal issue arose. Equal treatment meant that the crown court judge should not have taken into account the ex parte evidence.
Ralph Basset (died 1282?), was an English baronial leader. Basset was lord of Sapcote, Leicestershire. By the Provisions of Oxford he was appointed constable of Northampton, and he was one of the sureties ex parte baronum for the observance of the Mise of Amiens (December 1263). He was again entrusted by the barons with Northampton, and was appointed, after Lewes, custos pacis (keeper of the peace) for Leicestershire in June 1264. As ‘Radulfus Basset de Sapercote’ he was summoned to Simon de Montfort's parliament on 24 December 1264 and fought at Evesham in 1265 in the ranks of the barons.
16-CV-00862 RGK (JCx) [PDF] The ruling detailed among other things that The balance of equities tips in favor of granting the preliminary injunction. This also follows a March 4, 2016 ruling which her organization was granted as an Ex Parte Application for Temporary Restraining Order (TRO), Interim Relief [PDF Case No: CV 16-00862 RGK (JCx)] that ICANN should hold off from delegating the .AFRICA top-level domain (TLD) to the competing application sponsored by the AUC - ZA Central Registry (ZACR). Since then, the case has been remanded from Federal court due to lack of jurisdiction.
In 1942, eight German saboteurs, including two U.S. citizens, who had secretly entered the United States to attack its civil infrastructure as part of Operation Pastorius, were convicted by a secret military tribunal set up by President Franklin D. Roosevelt. In Ex parte Quirin (1942),317 U.S. 1 (1942) the U.S. Supreme Court decided that the writ of habeas corpus did not apply, and that the military tribunal had jurisdiction to try the saboteurs, due to their status as unlawful combatants. The period of martial law in Hawaii ended in October 1944. It was held in Duncan v.
At end of October 1990 an ex-parte application for provisional liquidation was granted at the High Court in London to the London branch of the National Bank of Canada. The directors of Polly Peck met at their London HQ and undertook a course of action leading to voluntary administration. A considerable number of antiques were located at the HQ offices of the company in Berkeley Square, London. The book value attributed to these was around £6 million, but upon later inspection and independent valuation the total sum was stated at approximately £2.5 to £3 million.
The Delhi High Court issued a notice to the producers of the film for using the word "Barbie" in a song without the permission of Mattel Inc, the manufacturers of the trademark Barbie dolls. The single judge bench of Justice Rajiv Sahai Endlaw, however, refused to grant ex-parte injunction against the toy company. The court also noted that the plea may be considered at the notice stage. Mattel told the court in its plea that the song and its lyrics have been used "in a manner antagonistic to the values and interests of the customers target base, the plaintiffs cater to".
The prison was closed for a year while repairs were carried out. Disciplinary proceedings following the riots led to a number of legal challenges.R v Board of Visitors of Hull Prison, Ex parte St. Germain [1979] QB 425; O'Reilly v Mackman [1983] 2 AC 237 The Prison was removed from the high-security estate in 1985 and became a local prison holding inmates remanded and sentenced by courts in the area. In 2002 a major expansion was completed making the prison more modern rather than Victorian, which added four new wings, a new gymnasium, a new health care centre and a multi-faith centre.
At the urging of his wife, Butler actively sought another political position in the Lincoln administration, but this effort came to an end with Lincoln's assassination in April 1865.West (1965), p. 320 In March 1866, Butler argued in the U.S. Supreme Court on behalf of the United States in Ex parte Milligan, in which the Court held, against the United States, that military commission trials could not replace civilian trials when courts were open and where there was no war. Butler then turned his eyes to Congress and was elected in 1866 on a platform of civil rights and opposition to President Andrew Johnson's weak Reconstruction policies.
During an appeal, oral proceedings may take place at the request of the EPO or at the request of any party to the proceedings, i.e. the applicant (who is, in pre-grant appeal, the appellant), or the patentee or an opponent (who are, in opposition appeal,A patentee may also be the sole appellant in an ex parte appeal proceedings following a decision of an Examining Division in limitation and revocation proceedings. Decisions of an Examining Division in such proceedings are open to appeal (OJ 2007, Special edition 4/2007, page 118, item 6, and Articles 106(1) and 21 EPC). appellant or respondent).
In spite of economic strain, Gaines chose not only to pursue the lawsuits but also to file them under her own name. By 1848, more federal courts practicing under the common law were adopting the Married Women's Property Act, which protected the inherited property and money of married women.Alexander, 135 In Ex parte Whitney (1839), Gaines petitioned and appeared before the Supreme Court for the first time to demand that the Louisiana federal district judge adjudicate her case according to the rules of equity practice. Specifically, the Court was asked to issue a writ of mandamus to the judge compelling him to proceed with the case.
Positive > rights and privileges are undoubtedly secured by the fourteenth amendment; > but they are secured by way of prohibition against state laws and state > proceedings affecting those rights and privileges, and by power given to > congress to legislate for the purpose of carrying such prohibition into > effect; and such legislation must necessarily be predicated upon such > supposed state laws or state proceedings, and be directed to the correction > of their operation and effect. A quite full discussion of this aspect of the > amendment may be found in U. S. v. Cruikshank, 92 U. S. 542; Virginia v. > Rives, 100 U. S. 313, and Ex parte Virginia, Id. 339.
After completing his education at Trinity College, Hosenball returned to Britain, where he found work as a journalist. In 1976, while working for Time Out, he alongside Duncan Campbell and Crispin Aubrey (who had also been at Leighton Park School) wrote a story entitled "The Eavesdroppers", which mentioned the existence of Britain's Government Communications Headquarters (GCHQ). Hosenball was deported on the grounds of "threat to British national security." Although he challenged the order in court, he was denied,Court ruling, "R v Secretary of State for the Home Department, ex parte Hosenball", [1977] 1 W.L.R. 766; [1977] 3 All E.R. 452; Lord Denning presiding judge, March 29, 1977.
R (on the application of Bancoult (No 2)) v Secretary of State for Foreign and Commonwealth Affairs [2016] UKSC 35 was a 2016 judgment of the Supreme Court of the United Kingdom that affirmed the decision of the House of Lords in R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2) despite new evidence subsequently coming to light. The case dismissed an attempt to set aside R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61 on the grounds that the British government had failed to disclose a feasibility study relating to the Chagos Islands.
There was no inquiry as to whether a reasonable person would consider Lord Cottenham to be biased, or as to the circumstances which led Lord Cottenham to hear the case. In certain limited situations, bias can also be imputed when the decision-maker's interest in the decision is not pecuniary but personal. This was established in the unprecedented case of R v Bow Street Metropolitan Stipendiary Magistrate Ex parte Pinochet Ugarte (No.2) (1999).. In an appeal to the House of Lords, the Crown Prosecution Service sought to overturn a quashing order made by the Divisional Court regarding extradition warrants made against the ex-Chilean dictator, Senator Augusto Pinochet.
GCHQ was at first based in Eastcote, but in 1951 moved to the outskirts of Cheltenham, setting up two sites there – Oakley and Benhall. Duncan Campbell and Mark Hosenball revealed the existence of GCHQ in 1976 in an article for Time Out; as a result, Hosenball was deported from the UK.Court ruling, "R v Secretary of State for the Home Department, ex parte Hosenball", [1977] 1 W.L.R. 766; [1977] 3 All E.R. 452. Lord Denning presiding judge, 29 March 1977. GCHQ had a very low profile in the media until 1983 when the trial of Geoffrey Prime, a KGB mole within GCHQ, created considerable media interest.
R v Criminal Injuries Compensation Board ex parte A was a 1999 case in the United Kingdom where a decision by the Criminal Injuries Compensation Board (CICB) not to award compensation was quashed by the House of Lords as it was deemed to be a breach of the rules of natural justice. The case reaffirmed the principle of "misunderstanding or ignorance of an established and relevant fact" and further developed the doctrine of error of fact; in that a decision could be quashed on the basis of it having taken into account a factual mistake. The case also dealt with the issue of undue delay and guiding principles were laid out.
Snow v. United States (1886), the Court rejected a polygamy appeal on the grounds that the statute granted jurisdiction in criminal appeals only if the validity, existence, or jurisdiction of the territorial courts was called into question.Snow v. United States, 118 U.S. 346 (1886). The statute did not preclude jurisdiction to hear appeals from denials of habeas corpus by the territorial courts. In Ex parte Snow (1887), the Court for the first time granted relief to a polygamy defendant, holding that the crime was a continuing offense, and thus the prosecutor could not increase the number of counts in the indictment by charging the same conduct over different time periods.
In Ex Parte Estate Davies, an important case in South African succession law, the testator bequeathed £2000 in his will to a person who was not named in the will itself, but on a document which was in a sealed envelope given to his attorney. This document was not signed by witnesses. The question before the court was thus whether this was a valid disposition. The court held that the disposition was invalid, because the testator did not comply with the statutory formalities regarding witnesses and signatures, as well as the fact that the identity of the beneficiary was not disclosed in the will.
On December 18, 1944, in a 6–3 decision authored by Justice Hugo Black, the Court held that compulsory exclusion, though constitutionally suspect, was justified during circumstances of "emergency and peril". However, the Court also decided Ex parte Endo in December 1944 to grant Mitsuye Endo her liberty from the camps because the Department of Justice and War Relocation Authority conceded that Endo was a "loyal and law-abiding citizen" and that no authority existed for detaining loyal citizens longer than necessary to separate the loyal from the disloyal. Endo's case did not address the question of whether the initial removal itself was constitutional, as did Korematsu's case.
On July 9, 1971, Ora Spitler McFarlin of Auburn, Indiana, through her attorney Warren G. Sunday, presented a petition to Judge Harold D. Stump of the DeKalb County Circuit Court asking to have her 15-year- old daughter, Linda Spitler, surgically sterilized. The petition alleged that the daughter was "somewhat retarded", was associating with "older youth and young men" and that it would be in the daughter's best interest to undergo a tubal ligation "to prevent unfortunate circumstances." Full text of the petition and order is at 435 U.S. 349, 352-353, Footnote 1. Judge Stump signed the requested order ex parte the same day that he received the petition.
He wrote Crow Dog: Four Generations of Sioux Medicine Men. The memoir recounts family history through four generations of the Crow Dog family. The book details ghost dancers, a group who brought a "new way of praying, of relating to the spirits"; Jerome Crow Dog, Leonard Crow Dog's great-grandfather, who was the first Native American to win a case in the Supreme Court in ex parte Crow Dog; and Leonard's father, Henry, who introduced peyote for sacred use to the Lakota Sioux. Crow Dog also details Lakota tribal ceremonies and their meanings, and his perspective on the 1972 march on Washington and the 1973 siege of Wounded Knee.
The day before the filing, the witness contacted counsel for Arias, stating that she was no longer willing to testify because of the threats. The motion continued, "It should also be noted that these threats follow those made to Alyce LaViolette, a record of which was made ex-parte and under seal." The motion was denied, as was a motion for a stay in the proceedings that had been sought to give time to appeal the decisions to the Arizona Supreme Court. On May 29, 2013, the Arizona Supreme Court declined to hear an appeal filed three months earlier, also refused by the mid-level Arizona Court of Appeals.
The four applied to the High Court of Australia for writs of mandamus compelling several people, including Pearson, the Australian Electoral Officer for New South Wales, to appear before the court to show cause why they should not be ordered to register the four people.A writ of mandamus is one of the prerogative writs, which are traditionally brought in the name of the Monarch and the person who must show cause is named as the defendant. Thus the case name means the Queen (R) v the defendants (Pearson & others); on the application of (Ex parte) Sipka & others. The applicants are referred to in the decision as the prosecutors.
United States Supreme Court Justice David Davis, in his 1867 opinion for Ex parte Milligan, wrote: "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people." Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour. The women's rights movement succeeded in gaining for many women the right to vote.
Carpenter was the key attorney in a series of landmark cases before the U.S. Supreme Court which helped define states' rights by determining the legality of the Reconstruction acts passed by Congress. Ex parte Garland dealt with the disbarment from federal courts of Southern lawyers who refused to take an oath swearing they had not taken up arms or assisted the Confederacy. Carpenter argued that the act passed on January 24, 1865 was ex post facto (the war had since ended) and a bill of attainder (it punished without a trial). In December 1865 the court upheld his argument with the majority opinion employing phrases from Carpenter's brief.
The Bureau denied its role for decades despite scholarly evidence to the contrary, and its role became more widely acknowledged by 2007. In 1944, the U.S. Supreme Court upheld the constitutionality of the removal by ruling against Fred Korematsu's appeal for violating an exclusion order. The Court limited its decision to the validity of the exclusion orders, avoiding the issue of the incarceration of U.S. citizens without due process, but ruled on the same day in Ex parte Endo that a loyal citizen could not be detained, which began their release.. The day before the Korematsu and Endo rulings were made public, the exclusion orders were rescinded.Shiho Imai.
Bowles was a co-defendant in a controversial trial by a military commission that convened on October 21, 1864, at Indianapolis, that lead to the U.S. Supreme Court decision in 1866 in what became known as Ex parte Milligan. Bowles was sentenced to hang, but President Andrew Johnson authorized a commutation of sentence to life imprisonment on May 30, 1865. The landmark U.S. Supreme Court case found that the trial in Indianapolis by the military commission was unconstitutional because the civilian courts were still in operation. The military commission had no jurisdiction to try and sentence the men in this instance, and as a result, the accused were entitled to discharge.
Among the other men accused of treason were Democrats Lambdin P. Milligan, a lawyer living in Huntington, Indiana; William A. Bowles of French Lick, Indiana; and Stephen Horsey of Martin County, Indiana.Klement, pp. 130, 176, and Alan T. Nolan, "Ex Parte Milligan: A Curb of Executive and Military Power" in See also The military commission for the trial of Humphreys, Milligan, Horsey, and Bowles convened at Indianapolis on October 21, 1864, to consider five charges against the men: conspiracy against the U.S. government; offering aid and comfort to the Confederates; inciting insurrections; "disloyal practices"; and "violation of the laws of war."Nolan, p. 39.
Justice Douglas, writing for himself and Justice Black, dissented on the grounds that the courts were Article I courts and that the importance of an independent judiciary prevented non-Article III judges from deciding matters brought before Article III courts. The same confluence of practical considerations that dictated the result in Canter has governed the decision in later cases sanctioning the creation of other courts with judges of limited tenure. Tenure that is guaranteed by the Constitution is a badge of a judge of an Article III court. The argument that mere statutory tenure is sufficient for judges of Article III courts was authoritatively answered in Ex parte Bakelite Corp.
Chief Justice William Rehnquist, author of the opinion The Court, in an opinion by Chief Justice William Rehnquist, struck down this abrogation as unconstitutional and further held that the doctrine of Ex parte Young does not apply in this situation. The Court began by repudiating the precedential value of Union Gas, noting that there was no single majority rationale, and characterizing it as a major departure from the 19th century case of Hans v. Louisiana,. which had established the modern doctrine of sovereign immunity. The Court suggested that allowing Congress to abrogate sovereign immunity improperly expanded the jurisdiction of the federal courts beyond what Article Three of the U.S. Constitution permitted.
On February 19, 1942, President Franklin D. Roosevelt signed Executive Order 9066 relocating over 110,000 Japanese Americans from the West Coast into internment camps for the duration of the war. The personal rights, liberties, and freedoms of Japanese Americans were suspended by the United States government. The unanimous Supreme Court decision Ex parte Endo in December 1944 ruled that the U.S. government could not continue to detain a citizen who was "concededly loyal" to the United States. Word of the upcoming ruling led to the rescinding of the exclusion orders and allowed Japanese Americans to return to the American West Coast starting in January 1945.
Hollow Horn Bear (Lakota, Matȟó Héȟloǧeča; March 1850March 15, 1913) was a Brulé Lakota leader. He fought in many of the battles of the Sioux Wars, including the Battle of Little Big Horn. As police chief of the Rosebud Indian Reservation, he arrested Crow Dog for the murder of Spotted Tail, and later testified in the case of Ex parte Crow Dog, argued before the Supreme Court of the United States. He was the chief orator and negotiator for the Lakota, making multiple trips to Washington, D.C. to advocate on their behalf, and later taking part in the inaugural parades for both Theodore Roosevelt and Woodrow Wilson.
Ex parte Crow Dog provided the BIA a perfect example of why this was needed, along with an incident involving Spotted Tail's son, Spotted Tail, Jr., in which the younger Spotted Tail participated in a fight during which three Brulé were killed., at 133. The younger Spotted Tail was also confined pending murder charges, and it took a direct order of the Secretary of the Interior for the local BIA agents to comply with the Supreme Court decision before he was released., at 133; Washburn, at 779. The BIA also implemented regulations in 1883 criminalizing traditional tribal practices such as war dances and polygamy.
This decision is important in the light of an increasing "privatisation" of public powers. In recent years, the Government has delegated many of its powers to formally private bodies, which nevertheless can make decisions affecting individual citizens and the society at large. Following the Datafin case, such decisions are now amenable to judicial review by courts. In the later case of R v Panel on Takeovers and Mergers, ex parte Guinness plc,[1990] 1 QB 146 the judicial authority of the Panel was tested further in respect of the manner in which it handles investigations into breaches of the City Code on Takeovers and Mergers.
The High Court discussed the immigration power in R v Macfarlane; Ex parte O'Flanagan (1923).. The plaintiffs were British subjects who had been charged with sedition. While the prosecution was pending, they were summoned to appear before a Board constituted under s 8A of the Immigration Act 1901–1920 (Cth) to show cause why they should not be deported from Australia. The plaintiffs contended that s 8A was not authorised by s 51(xxvii) of the Constitution on five grounds, three of which concerned the content of the migration power. (The other two grounds concerned federal judicial power and executive power.) The High Court dismissed all five grounds.
The only case to receive a favorable ruling, ex parte Endo, was also aided by two amicus briefs from the ACLU, one from the more conservative Fraenkel and another from the more putative Wayne Collins. Korematsu v. United States proved to be the most controversial of these cases, as Besig and Collins refused to bow to the national ACLU office's pressure to pursue the case without challenging the government's right to remove citizens from their homes. The ACLU board threatened to revoke the San Francisco branch's national affiliation, while Baldwin tried unsuccessfully to convince Collins to step down so he could replace him as lead attorney in the case.
In European patent law, the limitation and revocation procedures before the European Patent Office (EPO) are post-grant, ex parte,OJ 2007, Special edition 4/2007, page 116, item 1. administrativeEPO web site, CA/PL 29/99 dated 8.11.1999, Revision of the EPC: limitation procedure, in Travaux préparatoires 1997-2000, Patent Law Committee documents, item I.4. procedures allowing any European patent to be centrallyEPO web site, CA/PL PV 13, Minutes of the 13th meeting of the Committee on Patent Law (Munich, 3 to 6 April 2000), item 137: "As a central procedure, limitation [is] effective in all contracting states." limited by an amendment of the claims or revoked, respectively.
Barton J held in Blundell v Vardon, that the election of Anti-Socialist Party candidate Joseph Vardon as the third senator for South Australia was void due to irregularities in the way the returning officers marked some votes. The Parliament of South Australia appointed James O'Loghlin. Vardon sought to have the High Court compel the Governor of South Australia to hold a supplementary election, however the High Court held in R v Governor of South Australia; Ex parte Vardon that it had no power to do so. Vardon then petitioned the Senate seeking to remove O'Loghlin and rather than decide the issue, the Senate referred the matter to the High Court.
Thayer by engaging in ex-parte communications; > 3\. Knowingly testifying falsely under oath to the house judiciary > committee with the intention of hindering the HR 50 investigation; > 4\. Maladministration by permitting and overseeing a practice whereby > recused and disqualified justices were enabled to comment on and influence > opinions in the cases from which they were recused and disqualified. The committee sent two resolutions to the House, HR 52 and HR 53 respectively, recommending that no article of impeachment be brought against Supreme Court justice Sherman D. Horton, Jr. or justice John T. Broderick, Jr. On July 12, 2000, the House debated the articles of impeachment against Brock.
The Constitutional Court held that the issue of whether socio-economic rights are justiciable at all in South Africa is put beyond question by the text of the Constitution as construed in the judgment Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa.1996 (4) SA 744 (CC). The question of how socio-economic rights were to be enforced, however, was a difficult issue which had to be carefully explored on a case- by-case basis, considering the terms and context of the relevant constitutional provision and its application to the circumstances of the case.Para 20.
R v Kirby; Ex parte Boilermakers' Society of Australia,. known as the Boilermakers' Case, was a 1956 decision of the High Court of Australia which considered the powers of the Commonwealth Court of Conciliation and Arbitration to punish the Boilermakers' Society of Australia, a union which had disobeyed the orders of that court in relation to an industrial dispute between boilermakers and their employer body, the Metal Trades Employers' Association. The High Court held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. It is a major case dealing with the separation of powers in Australian law.
Wonford Road in Exeter, UK. Near this place along the same road is the Royal Devon and Exeter NHS Foundation Trust's Mardon Neuro-Rehabilitation Centre. When it was known as Mardon House, its threatened closure led to a 1999 judgment, ex parte Coughlan, in which the Court of Appeal of England and Wales said a disabled resident's legitimate expectation that she would have a "home for life" there had been breached by a health authority then managing the facility. The respondent, Miss Coughlan, was grievously injured in a road accident in 1971. From the date of her accident until 1993, she resided in and received nursing care in Newcourt Hospital.
This cartoon drawn by Alan Moir, first published on 13 May 1982 in Brisbane's The Courier-Mail, is typical of the public reaction to the High Court's decision. By a majority of six to one, the court found that the Racial Discrimination Act was not valid under the "race" power. However, by a narrow majority of four to three, the court also found that the Act was within the "external affairs" power. Three judges (Gibbs, Aickin, and Wilson) adopted a very narrow view, endorsing a test proposed by Justice Dixon in R v Burgess; Ex parte Henry, which focuses on whether a treaty is "indisputably international".
The National Education Statistics Act of 1994 was amended to allow the U.S. Attorney General or Assistant Attorney General to submit a written application to a court of competent jurisdiction for an ex parte order to collect reports, records, and information from the National Center for Education Statistics (NCES) relating to investigations and prosecutions of a Federal crime of terrorism or an act of domestic or international terrorism.So defined in However, the National Education Statistics Act of 1994 was repealed by H.R.3801 (Pub. L. 103–382), otherwise known as an Act "[t]o provide for improvement of Federal education research, statistics, evaluation, information, and dissemination, and for other purposes".
In Ex Parte Boedel Steenkamp, an important case in the South African law of persons and succession, heard on June 21, 1962, the residue of the deceased's estate was bequeathed in equal shares in his will to his daughter and his daughter's children "wat by datum van dood in die lewe is" (who are alive when I die). At the time of the deceased's death, his daughter had two children and was pregnant with a third. The question before the court was whether the nasciturus could inherit. The court was unwilling to act to the prejudice of the nasciturus, and held, therefore, that it could inherit.
In 2016, around 50% of the intake was Roman Catholic. Whilst the pupil profile at Bishop Challoner is diverse, Bangladeshi children are very significantly under-represented in comparison to Tower Hamlets as a whole and the schools receive few applications from Bangladeshi parents. Nevertheless, in 1992, local parents unsuccessfully challenged the admission policy to Bishop Challoner RC Girls' School in the House of Lords (R v Governors of the Bishop Challoner Roman Catholic Comprehensive Girls' School ex parte Choudhury and Purkayastha). Tower Hamlets Borough’s high levels of child poverty are evident in the high proportion of children entitled to free school meals which in 2011 stood at 57%.
United States Supreme Court Justice David Davis, in his 1867 opinion for Ex Parte Milligan, wrote "By the protection of the law, human rights are secured; withdraw that protection and they are at the mercy of wicked rulers or the clamor of an excited people." Many groups and movements have managed to achieve profound social changes over the course of the 20th century in the name of human rights. In Western Europe and North America, labour unions brought about laws granting workers the right to strike, establishing minimum work conditions and forbidding or regulating child labour. The women's rights movement succeeded in gaining for many women the right to vote.
He found these proceedings to be "frivolous, vexatious and doomed to fail: indeed they are scarcely recognisable as legal proceedings at all." Like in Judge McGuinness' conclusion, Hardiman J. also referred to the case R v Secretary of State for the Home Department, ex parte Turgut [2001] 1 All ER 719, to contrast with the case at hand. Lastly, Hardiman J. added that he also agreed with O'Donovan J. (High Court), that all of these Applicants should not have had their cases put into one proceeding without having their situations distinguished individually. Hardiman J. dismissed the appeal and affirmed the order of the High Court.
In R v Marsh, Ex parte Walker (1909), 39 NBR 329, the defendant was a station agent of the Intercolonial Railway at Fredericton. He was convicted under the Canada Temperance Act of an offence of warehousing and keeping for delivery a quantity of intoxicating liquor brought into the railway station by the Intercolonial Railway, while acting as a servant of the railway, a public work owned and operated by the Crown in right of Canada. It was held that the Crown, not being expressly mentioned in the Canada Temperance Act, was not bound thereby and therefore its station agent, acting in the course of his duty, could not be convicted of the offence.
The House of Lords held the Minister was wrong to refuse an investigation into milk price disparities because this frustrated a central policy of the Act: to ensure fair milk subsidies were paid, taking into account costs of production.[1968] AC 997, upholding Lord Denning MR's dissent in the Court of Appeal. If public bodies take into account factors outside those necessary for exercising their judgment, a decision will also be quashed. So in R v Home Secretary ex parte Venables and Thompson the House of Lords held that the Home Secretary (Michael Howard) unlawfully took into account the irrelevant consideration of a petition organised by The Sun newspaper to not allow two men release from prison.
Taney also asserted that the President was not authorized to suspend habeas corpus because only Parliament, not the King, had such powers under English law. Referring to other provisions in the Bill of Rights, Taney wrote: Taney noted in a footnote to the above passage that the United States Declaration of Independence listed making the military power independent of and superior to the civil power as one justification for dissolving political allegiance. The Declaration of Independence states, "He has affected to render the Military independent of and superior to the Civil power." Taney's opinion quoted an earlier opinion by Chief Justice John Marshall in the case of Ex parte Bollman:Ex parte Bollman, 8 U.S. 75 (1807).
B v Governor of Brockhill Prison, Ex parte Evans was a matter involving the unlawful detention of a prisoner. The governor had sentenced the prisoner on the basis of an interpretation of a statute which had originally been supported by the courts, but which had subsequently been held to be wrong. It was clear that the governor was blameless, but the sentence raised questions as to whether the new interpretation of the statute should apply prospectively only. The majority of the Law Lords held that, on the facts of that case, it was not appropriate for the interpretation to apply prospectively only, but all also accepted that the development of a rule might, in appropriate circumstances, apply prospectively.
In Ex parte Gordon (1861), the Court summarized its jurisdiction in federal criminal cases thus: > [I]n criminal cases, the proceedings and judgment of the Circuit Court > cannot be revised or controlled here, in any form of proceeding, either by > writ of error or prohibition, and, consequently, we have no authority to > examine them by a certiorari. And the only case in which this court is > authorized even to express an opinion on the proceedings in a Circuit Court > in a criminal case is, where the judges of the Circuit Court are opposed in > opinion upon a question arising at the trial, and certify it to this court > for its decision.Ex parte Gordon, .
Senator Sam Brownback (R) countered with a recommendation from a former law clerk who was a member of the ACLU. On checks and balances, Brownback then asked Alito about the power of Congress to limit the federal courts' jurisdiction in the Exceptions Clause as in Ex Parte McCardle. Senator Herb Kohl (D-WI) cited a Washington Post analysis of 221 cases where there was a 2-1 judicial split in decisions on Civil Rights cases, which found that Alito sided against 3 out of every 4 plaintiffs who claimed discrimination, a much higher rate than that of similar judges. Alito said that the sample was skewed because most of the cases were from District Court where the plaintiff lost.
This included Father Coughlin's publication entitled Social Justice. In 1942 Biddle became involved in a case where a military tribunal appointed by President Roosevelt tried eight captured Nazi agents for espionage and for planning sabotage in the United States as part of the German Operation Pastorius. Lieutenant Colonel Kenneth Royall challenged Roosevelt's decision to prosecute the Germans in military tribunals, citing Ex parte Milligan (1866), a case in which the U.S. Supreme Court ruled that the federal government could not establish military tribunals to try civilians in areas where civilian courts were functioning, even during wartime. Biddle responded that the Germans were not entitled to have access to civilian courts due to their status as unlawful combatants.
The original Blackburn case in 1968 dealt with Blackburn's allegations of a London illegal gambling establishment, whereas in Autumn 1972 he brought an action for mandamus for failure to arrest on pornography laws, which later was adjudicated in the Court of Appeal.Reported as [1973] 1 Q.B. 241 (C.A.) The case was noted as recently as the 1998 decision of the Lords Regina v. Chief Constable of Sussex Ex Parte International Trader's Ferry Limited 1998 UKHL 40, concerning police protection for the customers of ITF, a company involved in the export of livestock through the port of Shoreham, during the early months of 1995 when animal rights protesters were trying to stop the trade.
The court below did not err in declaring a lien upon the property in question to secure such compensation as appellees were entitled to receive, for according to the law of Alabama, by one of whose courts the original decree was rendered and by which law this question must be determined, an attorney at law or solicitor in chancery has a lien upon a judgment or decree obtained for a client to the extent the latter has agreed to pay him, or, if there has been no specific agreement for compensation, to the extent to which he is entitled to recover, viz., reasonable compensation for the services rendered. Ex Parte Lehman, 59 Ala. 632; Warfield v.
In the Magistrates' Court, two notices contained in two separate documents are not required. One will suffice as long as # the content of the document and the manner of service are approved by the Magistrates' Court with jurisdiction, as envisaged by section 4(2) of PIE, pursuant to a preceding ex parte application; # the contents of the document comply with the provisions of section 4(5) of PIE, with Rule 55 of the Magistrates' Courts Rules and the court order under (1); and # the document is served on the respondent and the municipality concerned in accordance with section 4(2) of PIE, the Magistrates' Courts Rules pertaining to service and the court order under (1).
Blundell v Vardon, was the first of three decisions of the High Court of Australia concerning the 1906 Election for Senators for South Australia. Sitting as the Court of Disputed Returns, Barton J held that the election of Anti-Socialist Party candidate Joseph Vardon as the third senator for South Australia was void due to irregularities in the way the returning officers marked some votes. The Parliament of South Australia appointed James O'Loghlin. Vardon sought to have the High Court compel the Governor of South Australia to hold a supplementary election, however the High Court held in R v Governor of South Australia; Ex parte Vardon that it had no power to do so.
The House of Lords held the Minister was wrong to refuse an investigation into milk price disparities because this frustrated a central policy of the Act: to ensure fair milk subsidies were paid, taking into account costs of production.[1968] AC 997, upholding Lord Denning MR's dissent in the Court of Appeal. If public bodies take into account factors outside those necessary for exercising their judgment, a decision will also be quashed. So in R v Home Secretary ex parte Venables and Thompson the House of Lords held that the Home Secretary (Michael Howard) unlawfully took into account the irrelevant consideration of a petition organised by The Sun newspaper to not allow two men release from prison.
We are glad to know that there > is a growing disposition upon the part of the appellate courts of the United > States to recognize the justice of and to sustain anti-trust legislation, > and that common sense and substantial justice are taking the place of the > obsolete and unjust distinctions and intricacies of the common law.Id. The chivalrous Southern honor code handed down by his forebears animated his views of the law's protection of women from the depredations of men. In Ex parte Burris,1913 OK CR 261, 10 Okl.Cr. 83, 133 P. 1139 a defendant jailed to answer a charge of adultery brought habeas corpus to the appellate court seeking a reduced bail.
Ex parte Vallandigham, 68 U.S. (1 Wall.) 243 (1864), is a United States Supreme Court case, involving a former congressman Clement Vallandigham of Ohio, who had violated an Army order against the public expression of sympathy for the Confederate States and their cause. Vallandigham was tried before a military tribunal by Major General Ambrose E. Burnside for treason after he delivered an incendiary speech at Mount Vernon; he then appealed the tribunal's verdict to the Supreme Court, arguing that he as a civilian could not be tried before a military tribunal. In February 1864, the Supreme Court avoided ruling on the question by instead unanimously holding that they could not take appeals from military tribunals at all.
In Ex parte Van Heerden, an important case in South African insolvency law, “It is necessary,” the court held, “to consider whether the surplus of the proceeds of the immovable property, after satisfying the mortgage bonds which have a preferential claim thereon, can be considered as ‘free residue’ within the meaning of that expression as used in the Act.” The definition of “free residue” must be taken to refer to that portion of an estate under sequestration when liquidated, which is not subject to any right of preference. In estimating the free residue in an estate, the surplus in value of immovable property over the amount of mortgage bonds thereon may be included in such estimate.
At the 1972 federal election, later in the year, the Whitlam Labor government was elected, with Lionel Murphy becoming the new Attorney-General. The Whitlam government lowered the voting age at federal elections to 18 in 1973. The states of Victoria, Tasmania and Queensland, which still had a voting age of 21, soon lowered their voting ages to 18 also. The issue of the nature of section 41, which had not been decided in this case, was considered again in 1983 in the case of R v Pearson; Ex parte Sipka.. By that time, Lionel Murphy had been appointed to the High Court, and was able to advocate his interpretation of the section.
Werra, Joseph: Über den Continuator Reginonis; Gressner & Schramm, Leipzig, 1883, p. 69 Annales Alamannici, Latin text: "Atque ipso itinere cum Francis et Baugariis pugnaverunt, Gebehardumque ducem et alios plurimos Paugauriis ex parte victoriam tenentibus occiderunt et cum praeda regressi sunt. ". English translation: "And in the way they [the Hungarians] fought with the Francians and Bavarians, the duke Gebhard with many others, and the majority of the Bavarians, who taught that they won the battle, were killed, and then [the Hungarians] returned with the plunder back [home]". Its possible, that the Hungarians could have used the same nomadic tactic of feigned retreat, with which they won the Battle of Augsburg ten days before.
A debtor is insolvent if the amount of his total liabilities exceeds the value of all his assets. The extent of the debtor's assets and liabilities is generally determined by reference to the statement of affairs which he is required to prepare and file, but the court is not bound by the valuations in the statement;Ex parte Van den Berg. it may make a finding of insolvency even where the statement indicates that his assets exceed his liabilities. The test is whether it is established that the debtor is without funds to pay his debts in full, and whether it is improbable that the assets will realise enough for this purpose.
The priority system is reinforced by a line of case law, whose principle is to ensure that creditors cannot contract out of the statutory regime. This is sometimes referred to as the "anti-deprivation rule". The general principle, according to the Mellish LJ in Re Jeavons, ex parte Mackay(1873) LR 8 Ch App 643 is that "a person cannot make it a part of his contract that, in the event of bankruptcy, he is then to get some additional advantage which prevents the property being distributed under the bankruptcy laws." So in that case, Jeavons made a contract to give Brown & Co an armour plates patent, and in return Jeavons would get royalties.
A few days later, the solicitors for O'Brien got in contact with Hastings.Hyde (1960) p. 126 On 23 March 1923 he appeared in R v Secretary of State for Home Affairs ex parte O'Brien [1923] 2 KB 361 at a Divisional Court consisting of Mr Justice Avory and Mr Justice Salter to apply for a writ of habeas corpus for O'Brien as a test case to allow the release of the others. The initial hearing was ineffective because Hastings was unable to provide an affidavit from O'Brien, which was required for a writ of habeas corpus to be considered, but by the time the hearing was resumed on 10 April he had managed to obtain one.
Despite being a party to devising the text of the 1999 Convention, the UK has (as of April 2016) yet to ratify it, so the 1952 Convention still applies in Great Britain. In the UK, a ship arrest is effected by an ex parte approach to the Admiralty Court in the Rolls Building in Fetter Lane, London. After an outline inquiry into the merits of the maritime claim, the Court would grant an Arrest Warrant to be executed by the Admiralty Marshal. Once appropriate security for the alleged debt, such as a Banker's Order or a P&I; Club Letter of Guarantee, was lodged, the Court could order its Marshal to release the ship.
Following the Lords' decision in Ex parte Quark, 2005, it is held that the Queen in exercising her authority over British Overseas Territories does not act on the advice of the government of the UK, but in her role as Queen of each territory, with the exception of fulfilling the UK's international responsibilities for its territories. The reserve powers of the Crown for each territory are no longer considered to be exercisable on the advice of the UK government. To comply with the court's decision, the territorial governors now act on the advice of each territory's executive and the UK government can no longer disallow legislation passed by territorial legislatures.Overseas Territories: Seventh Report of Session 2007–08, Vol.
Thus R (Miller) v Secretary of State for Exiting the European Union is R (on the application of Miller and other) v Secretary of State for Exiting the European Union, where "Miller" is Gina Miller, a citizen. Until the end of the twentieth century, such case titles used the pattern R v Secretary of State for Exiting the European Union, ex parte Miller. In Scotland, criminal prosecutions are undertaken by the Lord Advocate (or the relevant Procurator Fiscal) in the name of the Crown. Accordingly, the abbreviation HMA is used in the High Court of Justiciary for "His/Her Majesty's Advocate" in place of Rex or Regina, as in HMA v Al Megrahi and Fahima.
The Terms of Reference of the Commission include the following: # Examining the architecture of the legislative and regulatory system governing the Financial sector in India # Examine if legislation should mandate statement of principles of legislative intent behind every piece of subordinate legislation in order to make the purposive intent of the legislation clear and transparent to users of the law and to the Courts. # Examine if public feedback for draft subordinate legislation should be made mandatory, with exception for emergency measures. # Examine prescription of parameters for invocation of emergency powers where regulatory action may be taken on ex parte basis. # Examine the interplay of exchange controls under FEMA and FDI Policy with other regulatory regimes within the financial sector.
This subrule has been described by Cotton LJ as holding that "there cannot be a valid contract that a man's property shall remain his until his bankruptcy, and on the happening of that event shall go over to someone else, and be taken away from his creditors."Ex parte Jay, In re Harrison (1880) 14 Ch D 19, at 26 This is considered to be a true anti-deprivation rule, and several issues arise from it: #It is legitimate for courts to intervene on the grounds of public policy, even in areas primarily governed by statute. #If the arrangement breaches the insolvency-deprivation rule, then it is void. #the party's insolvency must trigger the deprivation.
Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), was a United States Supreme Court case which held that Article One of the U.S. Constitution did not give the United States Congress the power to abrogate the sovereign immunity of the states that is further protected under the Eleventh Amendment. Such abrogation is permitted where it is necessary to enforce the rights of citizens guaranteed under the Fourteenth Amendment as per Fitzpatrick v. Bitzer. The case also held that the doctrine of Ex parte Young, which allows state officials to be sued in their official capacity for prospective injunctive relief, was inapplicable under these circumstances, because any remedy was limited to the one that Congress had provided.
On September 21, 1981, Shanker had dinner with Leon B. Applewhaite, a personal friend and one of the three members of the Federal Labor Relations Authority (FLRA). Applewhaite was involved in deciding whether to uphold the decertification of the Professional Air Traffic Controllers Organization for the strike they had called in August of that year. During the dinner, Shanker urged Applewhaite not to decertify the union, an action which plainly violated the prohibition on the ex parte contact contained in the federal Administrative Procedure Act. Although the contact was not ultimately found to have legal consequences, the D.C. Circuit Court of Appeals criticized Shanker's behavior in their review of the FLRA's decision.
He had given the address of one of his several houses for that purpose, although Garima had not lived in that house for many years. The court had sent notice after notice to the wrong address, had received no response, and had granted an ex-parte divorce because the respondent had not appeared in court despite repeated summons. It appears that the court notices had been received at the wrong address by an associate of Sanjay Singh and had then been simply destroyed. After Garima Singh filed her case, the sessions court heard the matter and, following a police report, set aside the order of divorce, thus invalidating the marriage of Sanjay Singh and Ameeta Modi.
Connecticut State Marshals have a broad range of statutory authority, and perform a number of functions for courts and other state and federal agencies. State Marshals are granted power and authority by Connecticut state law to act on behalf of the judicial system of the State and its many requirements. Duties and services include, but are not limited to, serving court documents (including summons and complaint, restraining orders, subpoenas, and contempt citations), transferring minors in emergency ex parte custody matters, enforcing judgments (including bank executions, wage garnishments, and seizure of property), evictions, serving tax warrants, and arresting individuals on bench warrants and capias mittimus warrants. Connecticut State Marshals are not employed by the State of Connecticut.
In its response to the lawsuit, the Association admitted that it was in breach of the statute and offered to obtain qualification to continue business if that part of the ex parte order was lifted. Because the Association did not comply with the order to produce its records, that motion was denied and the Association was held in contempt and fined $10,000. The contempt order allowed for the reduction or remission of the fine if the production order was complied with within five days, after which the fine would be raised to $100,000. Contending that the State could not constitutionally force disclosure of the records, the Association moved to dismiss the contempt judgment once more.
The Royal Courts of Justice in London, which house the High Court and the Court of Appeal. In the Ex parte Coughlan case, both of these courts agreed that substantive legitimate expectation is a ground of judicial review in administrative law its own right. In a judgment delivered on 16 July 1999 Lord Woolf, the Master of the Rolls, speaking on behalf of the Court of Appeal, upheld the judgment of the High Court. He held that Coughlan had established a legitimate expectation of a substantive nature as a result of the promise made by the Health Authority to the patients who had agreed to move from Newcourt Hospital to Mardon House.
Iain Steele goes so far as to say: "In Coughlan, proportionality is the test that dare not speak its name".. In her discourse on Ex parte Coughlan, Melanie Roberts opined that the requirement of abuse of power could apply in cases of ultra vires promises as well. In deciding whether to allow a public body which had made a promise beyond its power to renege on its promise, the court would need to balance the public interest and the private interest, legality and certainty. If the private interest outweighs the public interest then the court should hold that it would be an abuse of power for the public body to resile from the representation..
On 9 December 2014, the High Court of Delhi granted an ex parte injunction that banned the import and sale of Xiaomi products in India. This injunction was issued in response to a complaint filed by Ericsson in connection with the infringement of its patent licensed under FRAND (Fair, Reasonable and Non Discriminatory Licensing). This injunction issued by the High Court was applicable until 5 February 2015, the date on which the High Court was scheduled to summon both parties for a formal hearing of the case. On 16 December The Delhi High Court granted permission to Xiaomi to sell its devices that are running on a Qualcomm-based processor until 8 January 2015.
H.M. King George the Fifth Gateway of The Leys School in Cambridge, UK. In a 1999 case, ex parte Begbie, a schoolgirl admitted to the school under a state-funded assisted places scheme claimed her legitimate expectation had been breached after the scheme was cancelled. In its judgment, the Court of Appeal of England and Wales noted it is unnecessary for applicants to show they have relied on public bodies' representations to their detriment to establish legitimate expectations. However, where detrimental reliance is absent, courts will only protect a legitimate expectation in exceptional cases. Courts have considered the applicant's reliance on the representation as a relevant consideration when determining the existence of a legitimate expectation.
Henry T. King, Jr., a prosecutor for the Nuremberg Trials, has argued that the type of tribunals at Guantánamo Bay "violates the Nuremberg principles" and that they are against "the spirit of the Geneva Conventions of 1949." Some have argued in favor of a summary execution of all unlawful combatants, using Ex parte Quirin as the precedent, a case during World War II that upheld the use of military tribunals for eight German saboteurs caught on U.S. soil while wearing civilian clothes. The Germans were deemed to be unlawful combatants and thus not entitled to POW status. Six of the eight were executed as spies in the electric chair on the request of the U.S. President Franklin D. Roosevelt.
The suovetaurilia was an ancient Roman sacrifice in which a pig, a sheep, and a bull were sacrificed. The suovetaurilia or suovitaurilia was one of the most sacred and traditional rites of Roman religion: the sacrifice of a pig (sus), a sheep (ovis) and a bull (taurus) to the deity Mars to bless and purify land (Lustratio). The ritual is preserved in Cato the Elder's De Agri Cultura, "On Agriculture". The first step was to lead the three animals around the boundaries of the land to be blessed, pronouncing the following words: :Cum divis volentibus quodque bene eveniat, mando tibi, Mani, uti illace suovitaurilia fundum agrum terramque meam quota ex parte sive circumagi sive circumferenda censeas, uti cures lustrare.
However, this appeared to conflict with decisions in Ex parte Fletcher, In re Vaughan (1877) 6 Ch D 350 and British Guiana Bank Ltd v Official Receiver (1911) 27 TLR 45.In the British Guiana Bank case the Supreme Court of British Guiana had held that the set-off could be contracted out of, and giving the judgment of the Privy Council Lord MacNaghten made no comment on this, which was argued to be tacit approval. However, the majority led by Viscount Dilhorne held that the operation of the insolvency set-off rules was automatic and mandatory upon the commencement of winding-up.[1972] AC 785 at 808F On this point Lord Cross of Chelsea dissented.
Strauder v. West Virginia, 100 U.S. 303 (1880), was a landmark decision of the Supreme Court of the United States about racial discrimination and United States constitutional criminal procedure.. Strauder was the first instance where the Supreme Court reversed a state court decision denying a defendant's motion to remove his criminal trial to federal court pursuant to Section 3 of the Civil Rights Act of 1866. Its holding, along with those of its companion cases of Virginia v. Rives (1880) and Ex parte Virginia (1880) established the proposition that it is a denial to criminal defendants of the equal protection of the law for a state to exclude persons from service on a grand or petit jury on account of race, color, or previous condition of servitude.
' > And in Ex parte Virginia, 100 U. S. 344, the emphatic language of this court > is that 'one great purpose of these amendments was to raise the colored race > from that condition of inferiority and servitude in which most of them had > previously stood, into perfect equality of civil rights with all other > persons within the jurisdiction of the states.' So, in Strauder v. West > Virginia, Id. 306, the court, alluding to the fourteenth amendment, said: > 'This is one of a series of constitutional provisions having a common > purpose, namely, securing to a race recently emancipated, a race that > through many generations had been held in slavery, all the civil rights that > the superior race enjoy.' Again, in Neal v.
R v Governor of Brockhill Prison, Ex parte Evans, an important case in English law, involved the unlawful detention of a prisoner. The governor had sentenced the prisoner on the basis of an interpretation of a statute which had originally been supported by the courts, but which had subsequently been held to be wrong. It was clear that the governor was blameless, but the sentence raised questions as to whether the new interpretation of the statute should apply prospectively only. The majority of the Law Lords held that, on the facts of this case, it was not appropriate for the interpretation to apply prospectively only, but all of them also accepted that the development of a rule might, in appropriate circumstances, apply prospectively.
Indian Member of Parliament (Rajya Sabha) for the ruling Bharatiya Janata Party (BJP) and venture capitalist Rajeev Chandrasekhar filed a defamation suit in a Bangalore civil court, after two articles -- 'Arnab's Republic, Modi's Ideology' by Sandeep Bushan and 'In Whose Interests Do Our Soldiers March?' by Sachin Rao -- were published, suggesting that Chandrasekhar's major investments in the Indian media and defence industries represented conflicts of interest with some of his roles as a legislator. On 2 March 2017 the court passed an ex-parte injunction, ordering The Wire to block access to the two articles. The Wire complied but decided to challenge the court order. On February 2019, the court lifted the injunction and ruled in favour of The Wire, leading to reinstatement of the articles.
In Ex Parte McDonald, an important case in the South African law of succession, the testator bequeathed his entire estate to a trust subject to the granting of a usufruct in favour of his wife, so long as she remained unmarried, in which she received the full use and enjoyment of the income of his estate. Her life interest was subject to the condition that she should provide for, maintain and educate the children during their respective minorities. The capital of the estate was, subject to the widow's life interest, bequeathed to their two children equally. In terms of the will, the trustees were to retain the family farm “Greyburn,” the stock and equipment, and maintain the farm for the benefit of the family.
Nam Tai then issued the proceedings in the British Virgin Islands court claiming damages against Mr Hague and his firm for negligent conduct of the liquidation. Nam Tai sought the leave of the court ex parte (which was granted) to serve the proceedings out of the jurisdiction on Mr Hague and his firm. Mr Hague and PricewaterhouseCoopers then applied to the court to set aside the leave to serve out on two grounds: firstly, on forum non conveniens grounds on the basis that Hong Kong was the more appropriate jurisdiction, and secondly on the basis that the claim, as pleaded, did not disclose a "serious issue to be tried" as required by the Civil Procedure Rules.CPR Part 7.3(4), paragraph 15.
Ex parte Dorr, . The Act also permitted the court "to go beyond the return" and question the truth of the jailer's stated justification for detaining the petitioning prisoner, whereas prior to the Act courts were technically bound to accept the jailer's word that the prisoner was actually being held for the reason stated. The Act largely restored habeas corpus following its 1863 suspension by Congress, ensuring that anyone arrested after its passage could challenge their detention in the federal courts, but denied habeas relief to anyone who was already in military custody for any military offense or for having aided the Confederacy. When the Habeas Corpus Act of 1867 is spoken of, it is usually this act that is meant.
Civil rights attorney and then-president of the Japanese American Citizens League Saburo Kido, with San Francisco attorney James Purcell, began a legal campaign to assist these workers, but the mass removal authorized by Executive Order 9066 in early 1942 complicated their case. Endo was selected as a test case to file a writ of habeas corpus because of her profile as an Americanized, "assimilated" Nisei: a practicing Christian who had never been to Japan, spoke only English and no Japanese, and had a brother in the U.S. Army.Fred T. Korematsu Institute, "Ex parte Mitsuye Endo " (accessed 5 June 2014). On July 13, 1942, Purcell filed the habeas corpus petition for Endo's release from the Tule Lake concentration camp where she and her family were being held.
XVII, "Events in or near the National Capital", pp. 419–420. On the evening of April 20 Hicks also authorized Brown to dispatch the Maryland state militia for the purpose of disabling the railroad bridges into the city—an act he would later deny. One of the militia leaders was John Merryman, who was arrested one month later, and held in defiance of a writ of habeas corpus, which led to the case of Ex parte Merryman. On April 19, Major General Robert Patterson, commander of the Department of Washington (Pennsylvania, Delaware, Maryland, and the District of Columbia), ordered Brigadier General Benjamin Franklin Butler, with the 8th Massachusetts, to open and secure a route from Annapolis through Annapolis Junction to Washington.
The court reiterated the non-exclusive class of statements which are testimonial in nature: > Various formulations of this core class of testimonial statements exist: ex > parte in-court testimony or its functional equivalent that is, material such > as affidavits, custodial examinations, prior testimony that the defendant > was unable to cross-examine, or similar pretrial statements that declarants > would reasonably expect to be used prosecutorially. 541 U. S. 36, 51–52 > (emphasis added) The Court found that the forensic analyst who tested the contraband substance and reported that it was cocaine was a witness for purposes of the Confrontation Clause. Because the trial court did not give Melendez-Diaz the opportunity to cross-examine the analyst, his right of Confrontation was violated.
There are two laws concerning age of consent in Texas: one sets the age of consent for sexual activity at 17 and the other sets the age of consent for inducement of sexual conduct and for sexual activity involving "visual representation or employment" at 18. There is also a three-year "Romeo and Juliet" provision that allows for sexual contact if there is a three-year or less gap between the parties. The Texas Department of Public Safety, the state law enforcement agency, considers the age of consent as 18. A Texas court case decision, Ex parte Fujisaka, argued that these two laws, specifying different ages below which a sexual act may be considered a criminal act, are to be treated independently of each other'.
The UK government's first appeal failed, with the Court of Appeal holding that the decision had been unlawfully taken by a government minister "acting without any constraint"."Chagos families win legal battle", BBC News, 23 May 2007 However, the government successfully appealed to the House of Lords, which overturned the High Court and Court of Appeal decisions (R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2))."Chagos exiles ruling overturned". BBC News, 22 October 2008 The Law Lords decidedR (Bancoult) v Secretary of State For Foreign and Commonwealth Affairs [2008] UKHL 61 that the validity of an order in council made under the prerogative legislating for a colony was amenable to judicial reviewNote: see paragraph 35 of the decision.
The specific statutory interpretation performed by Justice Story became obsolete when the Patent Act of 1836 took effect, Ex parte Wood has never been cited in a Supreme Court opinion. It has however resurfaced in recent debates over the jury trial right in patent cases. In the 1995 case of In re Lockwood, the Federal Circuit used it to distinguish invalidity proceedings from inequitable conduct proceedings, arguing that the proceedings under section 10 of the Patent Act of 1793 were more similar to proceedings of the inequitable conduct kind, and therefore the jury-trial right did not extend to modern invalidity proceedings.Andrew W. Bateman, Reconsidering in Re Technology Licensing Corporation and the Right to Jury Trial in Patent Invalidity Suits, 82 Chi.
However, over time, there has been an increase in both the ability of a minister to make a disclosure, notwithstanding the potential application of PII, and the ability of the courts to review a claim of PII. In Conway v Rimmer [1968], the House of Lords held that the courts retained the final decision on whether PII should be upheld, and, in R v Chief Constable of West Midlands, ex parte Wiley [1995], the House of Lords decided that a minister could discharge his duty by making his own judgment of where the public interest lies (that is, to disclose or to assert PII). In practice, this is thought to have led to a reduction in the number of cases when PII is asserted.
In that regard, the Sherman Act does not create a regime of strict liability. #A good faith belief, rather than an absolute certainty, that a price concession is being offered to meet an equally low price offered by a competitor suffices to invoke the defense available under § 2(b) of the Clayton Act. #The ex parte meeting between the trial judge and the jury foreman was improper, and the Court of Appeals would have been justified in reversing the convictions solely because of the risk that the foreman believed the judge was insisting on a dispositive verdict. #The trial judge's charge concerning participation in the conspiracy, although perhaps not completely clear, was sufficient, but his charge on withdrawal from the conspiracy was erroneous.
In common law, these are ex parte and in personam orders used to freeze assets (including bank accounts) to prevent abuses of process. They can be issued as worldwide injunctions, preventing worldwide dispersal. In that case, their effectiveness depends on their in personam character, as a party who is found to be guilty of disposing of assets will be held to be in contempt of court.Social Science Research Network – selected case law Like Anton Piller orders, their use is confined mostly to the UK. Article 9(2) provides that, in the case of an infringement on a commercial scale, judicial authorities may order a precautionary seizure of "movable and immovable property" which includes freezing the bank accounts and other assets.
In October 1944 the U.S. Supreme Court decreed that persons of Japanese descent could not be held in confinement without proof of their disloyalty, stating that: The Supreme Court also unambiguously stated that “the government had no legal right to confine people who had been screened and found to be loyal, but though it referred to the detention of Japanese-Americans as “racial discrimination,” it stopped short of defining the constitutional limits of wartime detention based on factors like race.” In Endo’s case — Ex parte Mitsuye Endo — the court unanimously ruled on Dec. 18, 1944, that the government could not detain citizens who were loyal to the United States. The day before the ruling, hearing that the case would go against his Executive Order 9066 Pres.
R v Secretary of State for the Home Department, ex parte Northumbria Police Authority [1989] 1 QB 26 was an English administrative law decision that first recognised the prerogative power to do whatever "was necessary to meet either an actual or an apprehended threat to the peace". It concerned the Home Office's decision to maintain a store of CS gas and plastic baton rounds. In 1986, a Home Office circular, 40/1986, authorised the Home Secretary to release this store to a police force without the approval of the Chief Constable if Her Majesty's Inspectorate of Constabulary agreed that it was necessary. The Northumbria Police Authority brought a judicial review case against this decision, arguing that it was ultra vires.
It further noted that they expected an explanation from Khan "for such offensive behaviour within seven days of the receipt of the notice for further action as per the rules and regulations… In case of no reply, ex-parte decision would be taken." In December 2018, Sajid Khan was suspended from IFTDA (Indian Film and Television Director's Association) for one year, following the accusations of sexual assault against him from three women. A source from the association said that IFTDA "investigated the complaints in the spirit of POSH Act," and said that Khan did not offer an explanation as to his actions even when given an opportunity to do so, however he did expose his "real self" in an earlier interview where he admitted to his actions.
By the time of the Norman Conquest, the notion of the king's peace became more general, referring to the safeguarding of public order more broadly. In subsequent centuries, those responsible for enforcing the king's peace (besides the king himself) included the King's Bench and various local officials, including the sheriff, coroner, justice of the peace, and constable. In modern Britain, the police services are responsible for keeping the peace, a duty distinct from their duty of law enforcement. The concept has remained relevant in English law; in R v Secretary of State for the Home Department, ex parte Northumbria Police Authority (1989), the Court of Appeal for England and Wales held that the government could exercise prerogative powers to maintain the peace of the realm.
The title allows surveillance to intercept communications via pen register or trap and trace devices. It does not allow these surveillance measures to be used in violation of the First Amendment rights of U.S. citizens. To assist in an investigation undertaken to protect against international terrorism or clandestine intelligence activities, the title allows for the seizure of communications records (section 215) and any records of session times, durations of electronic communication as well as any identifying numbers or addresses of the equipment that was being used (section 210). Such orders may be granted ex parte, and once they are granted – in order to not jeopardize the investigation – the order may not disclose the reasons behind why the order was granted.
There were originally two boroughs named Drogheda, lying on opposite sides of the River Boyne that forms the boundary between County Meath to the south and County Louth (or Uriel) to the north. Sometimes a writ of election was made to the two boroughs separately (Drogheda versus Uriel and Drogheda versus Midiam)Clarke 1926, p.117 IV.2 'John Fulpot and Walter Milys were "electi milites pro communitate ville de Drogheda ex parte Uriel" to attend the Parliament at Dublin (April 15, 1370)' and sometimes to the two jointly (Drogheda ex utraque parte aquae, "on both sides of the water"). In 1412, the two boroughs were united and, together with their liberties, formed into the "county of the town of Drogheda" separate from Meath and Louth.
It was carrying Dasch and three other saboteurs (Burger, Quirin, and Heinck). The team came ashore wearing German Navy uniforms so that if they were captured, they would be classified as prisoners of war rather than spies.Judicial Review for Enemy Fighters: The Court’s Fateful Turn in Ex parte Quirin, the Nazi Saboteur Case They also brought their explosives, primers and incendiaries, and buried them along with their uniforms, and put on civilian clothes to begin an expected two-year campaign in the sabotage of American defense-related production.Federal Bureau of Investigation: George John Dasch and the Nazi Saboteurs, FBI Famous Cases When Dasch was discovered amidst the dunes by unarmed Coast Guardsman John C. Cullen, Dasch offered Cullen a $260 bribe.
The modern era of delegation of government authority to a chartered corporation is marked by the United Kingdom Port of London Authority, established 1908. According to the Port of London Acts The Authority is a public trust established to "administer, preserve and improve the Port of London." The goal was to create an entity that would be run self-sufficiently like a private company yet remain under the control of the government. The name Authority is derived from the founding act of Parliament which repeatedly stated that "Authority is hereby given...." The special status of this entity and the fact that it remained subject to administrative law was established by the UK courts in R v Port of London Authority: ex parte Kynoch [1919] 1 KB 176.
Idaho v. Coeur d'Alene Tribe of Idaho, 521 U.S. 261 (1997), was a United States Supreme Court case in which the Court held that the Coeur d'Alene Tribe could not maintain an action against the state of Idaho to press its claim to Lake Coeur d'Alene due to the state's Eleventh Amendment immunity from suit, notwithstanding the exception recognized in Ex parte Young. The case was an important precedent for aboriginal title in the United States and sovereign immunity in the United States. After the district court's decision dismissing the suit, the federal government--in its guardian capacity--brought a substantially similar suit against Idaho; in 2001, in another 5-4 decision, the Court ruled for the federal government: Idaho v.
This is due to the largely ex parte nature of the application. As such, an applicant must demonstrate not only that it has reasonable grounds for success in its case but must put the likely counter arguments of a respondent if that respondent were present to oppose the order being granted. This is a heavy burden faced by an applicant: its avoidance is not taken lightly by the courts and can result in penalties for its breach (see Columbia Picture Industries v Robinson [1987] Ch 38). Also of great importance is the likely effect of a search upon occupants of the premises, given in particular that the intrusion would otherwise be a trespass: Adani Mining Pty Ltd v Pennings (2020).
As was indicated in the ex parte Fewings case, considerations that are relevant to a public authority's decision are of two kinds: there are mandatory relevant considerations (that is, considerations that the statute empowering the authority expressly or impliedly identifies as those that must be taken into account), and discretionary relevant considerations (those which the authority may take into account if it regards them as appropriate). Vasiliou v. Secretary of State for Transport (1991)Vasiliou v Secretary of State for Transport [1991] 2 All E.R. 77, (1991) 61 P. & C.R. 507 Court of Appeal (England and Wales). is an example of a case in which a court found that a particular mandatory relevant consideration was to be implied into a statute.
Uganda v. Commissioner of Prisons, Ex Parte Matovu, commenced and sowed the seeds for the advent of the Political question Doctrine in Uganda. It has subsequently been applied in landmark decisions such as Attorney General v. Major General David Tinyefunza, Constitutional Appeal No. 1 of 1997, wherein it was extensively applied by Justice George Wilson Kanyeihamba to distance the Court from the affairs of the army and the Executive authority over it, save in a few select, necessary cases; and IPPR v the Attorney General, Miscellaneous Application No.592 of 2014, in which the Applicant sought an injunction to bar the Ugandan government from enabling or sponsoring the exportation of qualified Ugandan medical doctors and nurses to Trinidad and Tobago.
R. v. North and East Devon Health Authority, ex parte Coughlan is a seminal case decided by the Court of Appeal of England and Wales in 1999 which clarified the court's role in relation to cases which involve substantive legitimate expectations. The Court held that when reviewing a decision of a public authority which is contrary to a prior assurance or representation by the authority, its role is not always limited to assessing if the decision is Wednesbury unreasonable or irrational. In some situations, it is entitled to determine whether it is fair to compel the authority to fulfil its representation, or whether there is a sufficient overriding public interest which justifies allowing the authority to depart from the promise made.
Iva Toguri, known as Tokyo Rose, and Tomoya Kawakita were two Japanese Americans who were tried for treason after World War II. Section 3 defines treason and limits its punishment. The Constitution defines treason as specific acts, namely "levying War against [the United States], or in adhering to their Enemies, giving them Aid and Comfort." A contrast is therefore maintained with the English law, whereby crimes including conspiring to kill the King or "violating" the Queen, were punishable as treason. In Ex Parte Bollman, , the Supreme Court ruled that "there must be an actual assembling of men, for the treasonable purpose, to constitute a levying of war."Bollman, at 126 Under English law effective during the ratification of the U.S. Constitution, there were several species of treason.
However, in Ex Parte Yarbrough (1884), the Court allowed individuals who were not state actors to be prosecuted because Article I, Section 4, gives Congress the power to regulate federal elections. Voter registration card, Alamance County, North Carolina, 1902, with statement from registrant of birth before January 1, 1867, when the Fifteenth Amendment became law Congress further weakened the acts in 1894 by removing a provision against conspiracy. In 1877, Republican Rutherford B. Hayes was elected president after a highly contested election, receiving support from three Southern states in exchange for a pledge to allow white Democratic governments to rule without federal interference. As president, he refused to enforce federal civil rights protections, allowing states to begin to implement racially discriminatory Jim Crow laws.
It is > [...] a social relation, like that of parent and child, the obligations of > which arise not from the consent of concurring minds, but are the creation > of the law itself, a relation the most important, as affecting the happiness > of individuals, the first step from barbarism to incipient civilisation, the > purest tie of social life, and the true basis of human progress.211–212. That marriage is still held in high regard by modern society is reflected in such cases as Kuhn v Karp,1948 (4) SA 825 (T).840–841 Ex parte Inkley and Inkley535–536. and Van der Westhuizen v Van der Westhuizen1996 2 SA 850 (C).852I. In Ryland v Edros,1997 (2) SA 690 (C).
B.) (England & Wales). Justice Stephen Sedley attempted to widen the Court's protection of legitimate expectations by including "substantive protection of a substantive legitimate expectation".. He rejected the proposition that legitimate expectations are limited to procedural grounds by stating: "It is difficult to see why it is any less unfair to frustrate a legitimate expectation that something will or will not be done by the decision-maker than it is to frustrate a legitimate expectation that the applicant will be listened to before the decision-maker decides whether to take a particular step."Ex parte Hamble (Off-shore) Fisheries, p. 724. When a court protects an applicant's substantive legitimate expectation, it is effectively mandating the outcome of a public body's decision-making process.
In a typical sale or merger dispute, a plaintiff will seek a temporary restraining order, sometimes on an ex parte basis, to prevent the transaction from taking place and preserve the status quo. If the Court grants that relief, the plaintiff will then seek a preliminary injunction to maintain the current state of affairs until a trial can take place. Title 10, Section 342 of the Delaware Code provides that the Court shall not hear any matters for which an adequate remedy exists at law or which can be heard by any other Delaware court. As a practical matter, this means that the Court cannot grant relief in the form of money damages to compensate a party for a loss or where another court has coterminous jurisdiction.
Ex Parte Meier en Andere, an important case in South African succession law, concerned an application for the appointment of a curator bonis to manage the estate of a patient, one Armin Karel Meier. An order was also claimed that the patient was entitled to inherit from his father's estate. It appeared that the patient, while mentally disturbed, had on May 18, 1977, shot and killed his father, in "an apparently unmotivated, cold-blooded shooting."156. Utilising the maxim “waar daar geen skuld is nie, is daar geen stra nie”—where there is no fault, there is no punishment—the court held that the patient was not an indignus, and that he lacked the criminal responsibility to be found guilty of the crime.
This states that "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it". The writ of habeas corpus ad subjiciendum is a civil, not criminal, ex parte proceeding in which a court inquires as to the legitimacy of a prisoner's custody. Typically, habeas corpus proceedings are to determine whether the court that imposed sentence on the defendant had jurisdiction and authority to do so, or whether the defendant's sentence has expired. Habeas corpus is also used as a legal avenue to challenge other types of custody such as pretrial detention or detention by the United States Bureau of Immigration and Customs Enforcement pursuant to a deportation proceeding.
The procedure for applying for an order for review of detention differs from that for obtaining a mandatory order, prohibiting order or quashing order because the latter orders are only available by leave of court, whereas an order for review of detention may be applied for without prior permission from the court. The procedure for doing so is set out in Order 54 of the Rules of Court. An application must be made to the High CourtThe Order does not apply to the Subordinate Courts: ROC, O. 54, r. 9. by way of an ex parte originating summons, supported, if possible, by an affidavit from the person being restrained which shows that the application is being made at his or her instance and explaining the nature of the restraint.
At 9:50 pm on Friday, September 10, the Johnson team obtained an ex parte temporary restraining order to prevent a recount in Jim Wells County. The state Democratic Party upheld Johnson. At midnight on September 13, the Democratic Party's Executive Committee voted to certify Johnson's nomination by a majority of one (29–28), with the last vote cast on Johnson's behalf by Temple, Texas newspaper publisher Frank W. Mayborn, who John Connolly persuaded to cut short an out of state business trip and return to Texas to participate in the meeting. At 6:25 am on Wednesday, September 15, Stevenson obtained a Temporary Restraining Order from federal District Court Judge Whitfield Davidson, who was vacationing at a cabin on Caddo Lake, which prevented certification of Johnson as the party's nominee.
The proceedings are ex parte, i.e. without hearing the other party: the requesting party, represented by its attorney-at-law, presents its request to the judge; the person targeted by the saisie-contrefaçon measure is not informed and does not take part in the proceedings. Therefore, the saisie- contrefaçon ordered by the judge will benefit from the element of surprise; until the very last moment, the targeted person is not informed of what is going on and therefore cannot move or dispose of the evidence of its infringing activity (the result is the same when, in matters of copyright and related rights, a police commissioner, or even a judge, is requested to carry out a saisie-contrefaçon, see French Intellectual Property Code, Art. L. 332-1 and L. 332-4French Intellectual Property Code, Legifrance).
The Court held that, assuming it had such a power, it should not be exercised except in special circumstances: > It is sufficient to say that if this court has power, under existing > legislation, and upon habeas corpus, to discharge the petitioner, who is in > custody under the process of a state court of original jurisdiction, for > trial on an indictment charging him with an offense against the laws of that > state,-upon which it is not necessary to express an opinion,-such power > ought not, for the reasons given in the other cases just decided, to be > exercised in advance of his trial.Royall, 117 U.S. at 255. In Ex parte Fonda (1886), the Court denied leave to file an original habeas petition, citing Royall.Ex parte Fonda, 117 U.S. 516 (1886).
While serving in the Union Army in October 1864, Harrison was once again elected reporter of the Indiana Supreme Court, although he did not seek the position, and served as the Court's reporter for four more years. The position was not a politically powerful one, but it provided Harrison with a steady income for his work preparing and publishing court opinions, which he sold to the legal profession. Harrison also resumed his law practice in Indianapolis. He became a skilled orator and known as "one of the state's leading lawyers". In 1869 President Ulysses S. Grant appointed Harrison to represent the federal government in a civil suit filed by Lambdin P. Milligan, whose controversial wartime conviction for treason in 1864 led to the landmark U.S. Supreme Court case Ex parte Milligan.
In March 1984, the Navajo Nation requested that Secretary of the Interior William Clark make a reasonable adjustment of the coal lease royalty rate paid by Peabody Coal, now Peabody Energy. In July 1985, the newly appointed Hodel secretly met ex parte with Peabody's representative, "a former aide and friend of Secretary Hodel." After briefly reviewing the proposals' merits, Hodel approved lease amendments with royalty rates well below the rate that had previously been determined appropriate by the agencies responsible for monitoring the federal government's relations with Native Americans. In 2007, the US Court of Appeals for the Federal Circuit determined that those actions breached the government's duty of trust to the Nation and established a "cognizable money-mandating claim" against the government under the Indian Tucker Act.
All other means of proof certainly remain effective in theory, but in practice, they are far from being as efficient as the saisie- contrefaçon, to the extent that the failure of the saisie-contrefaçon often means that the infringement action will fail. Considering the decisive nature of the saisie-contrefaçon, the dispute with relation to its being valid or void is very significant. The alleged infringer, in addition to arguing that the intellectual property right at issue is invalid, will naturally tend to put forward any and all arguments supporting the nullity of the saisie- contrefaçon, in order to destroy such a decisive item of evidence against it. The ex parte and restrictive nature of the saisie-contrefaçon, which makes it so efficient, can also be perceived as a possible source of abuse.
In all hearings it was contended on behalf of Oppenheimer that on the authority of Rex v Home Secretary, ex parte L. [1945] 1 K.B. 7, and Lowenthal v Attorney General [1948] 1 All E.R. 295, Oppenheimer's purported loss of German citizenship under the decree of 1941 could not be recognised by English courts and that irrespective of German law, under English law he remained a German national after 25 November 1941 on the grounds that English law did not recognise a change of nationality by a decree of a foreign enemy state in wartime, and English law would not give effect, as far as it related to matters in England, to a penal and confiscatory decree of a foreign country. It was thus a decision based on a mixture of public policy and morality.
Online . As Judge Advocate General of the Army, Holt oversaw the expansion of military law to include the military prosecutions of citizens who were not in the military service. He crafted the argument to the Supreme Court in Ex Parte Vallandigham,Joshua E. Kastenberg, Law in War, Law as War: Brigadier General Joseph Holt and the Judge Advocate General’s Department in the Civil War and Early Reconstruction, 1861-1865 (Durham, NC: Carolina Academic Press, 2011), 110-111 By the time he joined the Army, he believed that the only means to prevent treason from occurring again was to ensure that slavery was abolished for all time, and eventually equal treatment under the law enforced in the South.Kastenberg, Law in War, Law as War, 13-41 In 1864, he was promoted to brigadier general.
Prior to the adjudication on the application, the applicant must furnish a copy of the application to the debtor. The court may, in its discretion, dispense with this requirement and make a provisional order of sequestration without advance notice to the debtor if it is satisfied that this would be in the interest of creditors or of the debtor. One suggestion is that the court would be justified in dispensing with prior notice only in cases of urgency, where there is a reasonable likelihood of irreparable loss to the application if the debtor is forewarned of the impending application. It is no longer permissible for a court to grant a provisional order ex parte merely because the applicant has clear documentary evidence, such as a nulla bona return.
It was held in ex parte Page that if a decision-maker is applying some "domestic law" or internal regulations instead of a general law of the land, then an ouster clause is effective in excluding judicial review unless the decision-maker acts outside his or her jurisdiction (that is, he or she has no power to enter into the adjudication of the dispute), abuses power, or acts in breach of natural justice. In the case, the House of Lords held that a university visitor (overseer) appointed by the founder of a charitable institution to regulate its internal affairs has exclusive jurisdiction to decide disputes arising under the domestic law of the university that has been laid down by the founder in the constitutive documents establishing the university.Ex parte Page, p. 702.
The judicial business of the House of Lords was regulated by the Appellate Jurisdiction Act 1876. Generally, only important or particularly complex appeals came before the House of Lords. The only further appeal from the House of Lords was to the European courts (the European Court of Justice or the European Court of Human Rights), and only then in matters concerning either European Community law or the European Convention on Human Rights. The Law Lords did not have the power to exercise judicial review over Acts of Parliament. However, in 1972 the UK signed up to be a member of the European Union, and with this accepted European law to be supreme in certain areas so long as Parliament does not explicitly override it (see the ex parte Factortame case).
Within 24 hours of this fourth report Gill was demobilized. Gill regarded his early and unscheduled demobilization as punitive, and a violation of the Military Whistleblower Protection Act. In October 2016, Gill was served with a deposition subpoena by military commissions Chief Prosecutor, U.S. Army Brigadier General Mark S. Martins. In accordance with Rule 703(e)(2)(G) of the Rules of Military Commissions, Gill filed a request for relief from the military commission's deposition subpoena in October 2016, (UNCLASSIFIED) but after a secret, ex parte request made by Brigadier General Martins, military judge Vance Spath authorized United States Marshals to execute a writ of attachment to apprehend him and force him to continue his deposition testimony at a preliminary hearing of Abd al Rahim al Nashiri's Guantanamo military commission.
An investigation by the Interstate Commerce Commission discovered a design flaw on a style of passenger car used by the New York, New Haven and Hartford Railroad in which the handle of an angle cock, a valve used to close the brake pipe when the car is the last one in the train, came into contact with a bottom crossmember of the coupler pocket. The angle cock would become closed, rendering the brakes on all the trailing cars inoperable."Ex Parte No. 184", p. 14. The third car behind 4876, New Haven 8665, was of this design, but the fourth car had a slightly different style of coupler. The difference between the two cars increased the frequency and the intensity of which the angle cock at the rear of 8655 would hit the crossmember.
R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult (No 2) [2008] UKHL 61 is a UK constitutional law case in the House of Lords concerning the removal of the Chagos Islanders and the exercise of the Royal Prerogative. The Chagos Islands, acquired by the United Kingdom in 1814, were reorganised as the British Indian Ocean Territory (BIOT) in 1965 for the purpose of removing its inhabitants. Under a 1971 Order in Council, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost. In 2000, Olivier Bancoult brought a judicial review claim against the Secretary of State for Foreign and Commonwealth Affairs for the initial ordinance which led to the Chagossian removal.
In many jurisdictions, freezing injunctions brought ex parte are only granted for a very short period, usually a few days. At the end of this period, the moving party is required to return to court to justify the continuance of the injunction, this time with notice to the opposing party, so as to allow the latter a chance to contest the injunction on its merits. Current orders issued by the court do not generally call for a blanket freezing of assets, and they are currently worded in more nuanced terms according to the situation concerned. The process is regarded as a high-stakes exercise for several reasons: #The application is almost always made without notice, to prevent the fraudster defendant from spiriting away their assets before the freezing order is granted.
Scott argued unsuccessfully that the Sixteenth Amendment was not properly ratified, that federal reserve notes were not legal tender and that he was not required to report their receipt as income, and that he was not required to file tax returns if he felt they would incriminate him. The United States Court of Appeals for the Ninth Circuit upheld Scott's conviction. In 1977, the United States District Court for the Northern District of Texas, in the case of Ex parte Tammen, referred to a tax-protester group called the "United Tax Action Patriots" or "UTAP": ::The evidence shows that the organized tax- protestor group is growing rapidly. It has spread eastward from the West Coast and is adding substantially and wrongfully to the workload of the federal courts.
In 1859, Hampton's fame for lavish style was such that the author of a book on landscaping wrote, "It has been truly said of Hampton that it expresses more grandeur than any other place in America". Hampton Mansion in 1861 Terraced gardens in 1872 In January 1861, shortly after the election of Abraham Lincoln as President of the United States, Charles Ridgely (the son of John Carnan and Eliza Ridgely) formed the pro-Confederate Baltimore County Horse Guards at Hampton with himself as captain of the militia unit that he described as "states' rights gentlemen." One of his militia's cavalry men, Lieut. John Merryman, was subsequently arrested by the Union Army and imprisoned in May 1861 on a charge of treason, sparking the landmark U.S. Supreme Court case, Ex parte Merryman.
R v Secretary of State for Home Affairs ex parte O'Brien [1923] 2 KB 361 was a 1923 test case in English law that sought to have the internment and deportation of Irish nationalist sympathisers earlier that year declared legally invalid. In March 1923 between 80 and 100 suspected Irish nationalists in Britain were arrested by the police and sent to the Irish Free State under the Restoration of Order in Ireland Act 1920 (ROIA). One of the detainees, Art O'Brien, challenged his detention in a test case at the Divisional Court. The case eventually went to both the Court of Appeal and House of Lords, who decided that the internments were illegal because the Irish Free State was an independent nation and so British Acts of Parliament no longer applied to it.
After Lincoln won the presidency, he appointed Davis to the United States Supreme Court, where he served until 1877. He wrote the majority opinion in Ex parte Milligan, limiting the government's power to try citizens in military courts. He pursued the Liberal Republican Party's nomination in the 1872 presidential election, but was defeated at the convention by Horace Greeley; despite this, he received one electoral vote. Davis was a pivotal figure in Congress's establishment of the Electoral Commission, which was charged with resolving the disputed 1876 presidential election; he was widely expected to serve as the key member of the Commission, but after the Illinois State Legislature elected him to the Senate, Davis excused himself from the Commission and resigned from the Supreme Court to take his Senate seat.
The granting of a pardon is not subject to judicial review, as confirmed by Council of Civil Service Unions v Minister for the Civil Service,[1985] AC 374 but the courts have chosen to criticise its application or lack thereof, as in R v Secretary of State for the Home Department, ex parte Bentley.[1994] Q.B. 349Barnett (2009) p. 116 Granting nolle prosequi is done by the Attorney General of England and Wales (or the equivalent in Scotland or Northern Ireland) in the name of the crown, to stop legal proceedings against an individual. This is not reviewable by the courts, as confirmed by R v Comptroller of Patents, and does not count as an acquittal; the defendant may be brought before the courts on the same charge at a later date.
Anglo American Platinum filed SLAPPs (Strategic Lawsuit Against Public Participation) against a South African public interest lawyer Richard Spoor, who represented indigenous communities affected by platinum mining on tribal land. The actions include an application in the High Court for a so-called gagging order, ostensibly to prevent him further injuring the good name and reputation of the corporation, the lodging of complaints with the Law Society of unprofessional behaviour and the lodging of a civil action for damages for some $500,000. Anglo American Platinum also obtained an ex parte (without notice) order interdicting two tribal chiefs from interfering with their mining operations and had them arrested on charges of intimidation and trespass. Subsequently, followers of the two tribal chiefs were shot, beaten and arrested for protesting the mine's presence on tribal land.
A writ of habeas corpus is a legal action against unlawful detainment that commands a law enforcement agency or other body that has a person in custody to have a court inquire into the legality of the detention. The court may order the person released if the reason for detention is deemed insufficient or unjustifiable. The Constitution further provides that the privilege of the writ of habeas corpus may not be suspended "unless when in cases of rebellion or invasion the public safety may require it". In Ex parte Milligan (1866), the Supreme Court ruled that the suspension of habeas corpus in a time of war was lawful, but military tribunals did not apply to citizens in states that had upheld the authority of the Constitution and where civilian courts were still operating.
The Court of Appeal's decision in Ex parte Coughlan left a number of questions unanswered. For one, several commentators have said that the idea of abuse of power is rather vague.See also the comment of the Court of Appeal in : "[W]ithout refinement, the question whether the reneging on a promise would be so unfair as to amount to an abuse of power is an uncertain guide." Søren Schønberg and Paul Craig posit that while abuse of power was the base the Court of Appeal used in reaching their decision, it is not "an unequivocal guide as to the standard by which the Court will judge the sufficiency of those reasons" given by the public authority.. Instead, they suggest that the true rubric for substantive legitimate expectation is proportionality because it is:Schønberg & Craig, p. 699.
The Stone Court refers to the Supreme Court of the United States from 1941 to 1946, when Harlan F. Stone served as Chief Justice of the United States. Stone succeeded Charles Evans Hughes as Chief Justice after the latter's retirement, and Stone served as Chief Justice until his death, at which point Fred Vinson was nominated and confirmed as Stone's replacement. He was the fourth chief justice to have previously served as an associate justice and the second to have done so without a break in tenure (after Edward Douglass White). Presiding over the country during World War II, the Stone Court delivered several important war-time rulings, such as in Ex parte Quirin, where it upheld the President's power to try Nazi saboteurs captured on American soil by military tribunals.
In an obiter dictum in Nadarajah v. Secretary of State for the Home Department (2005), Lord Justice Laws set out a more structured form of merits-based review.. He expanded the categorical approach in ex parte Coughlan into a continuum based on proportionality, suggesting that in order for a public body's decision to resile from a legitimate expectation to be lawful, it must be "a proportionate response to a legitimate aim pursued by the public body in the public interest".Nadarajah, para. 68. By advocating proportionality in the court's approach towards protecting substantive legitimate expectations, Lord Justice Laws effectively paralleled the approach used by the UK courts when considering whether an interference with a right subject to qualifications protected by the European Convention on Human Rights is lawful.
In Ex parte Coughlan, the Court of Appeal of England and Wales held that the applicant had a substantive legitimate expectation for the facility at which she was living to be kept open for the rest of her life, which the health authority was not allowed to frustrate. It therefore upheld the High Court's decision to issue a quashing order to prevent the authority from closing the facility, effectively ensuring that the facility was kept running for the benefit of its residents. To direct a public body fulfil a legitimate expectation, the court issues a mandatory order (also known as a mandamus). This is a prerogative order which commands a public body to perform a public duty, and is often used to compel public bodies to exercise the powers given to them.
Weak reliance is not required where the authority failed to apply the general policy at the time to the individual case at hand.. This exception is prompted by the overriding imperative of equality. Thus, the applicant need not have had detailed knowledge or the existence of the policy in order for a legitimate expectation to arise where the public authority had departed from the existing policy in deciding the individual case.. Strong reliance by the applicant is not compulsory to prove the existence of a legitimate expectation. In spite of this, Lord Justice of Appeal Peter Gibson stated in R v Secretary of State for Education and Employment, ex parte Begbie (1999). that "it would be wrong to understate the significance of reliance in this area of the law".
Written appointment usually takes the form of a "power of attorney." A power of attorney is a legal instrument setting out the powers conferred on the agent, and may be either special or general. A power of attorney is legally required in only a few cases, namely when required by some law or regulation, or established practice,Maasdorp v The Mayor of Graaff-Reinet; Caledon Trust and Fire Assurance Co Ltd v Magistrate of Riversdale 1937 CPD 349; Ex parte Bullard 1937 TPD 297; Wanda (De Wet) "Agency" LAWSA 2 ed vol 1 § 191. for example to appoint an attorney to prosecute an appeal in the High Court,Uniform Rule of Court 7. or a conveyancer to pass transfer of a mortgage bond,Deeds Registries Act 47 of 1937, ss 20 and 50, reg 65.
In re Terrorist Bombings (Fourth Amendment Challenges), 552 F.3d 157 (2d Cir. 2008): Affirming the convictions of Al Qaeda terrorists for their involvement in the bombing of the American Embassies in Nairobi, Kenya and Dar es Salaam, Tanzania, Cabranes held, as a matter of first impression, that the Fourth Amendment's warrant requirement does not govern searches of U.S. citizens conducted abroad by U.S. agents; such searches need only satisfy the Fourth Amendment's requirement of reasonableness. Cabranes also held that a district court's ex parte, in camera evaluation of evidence submitted by the government in opposition to a suppression motion is appropriate when national security considerations weigh in favor of maintaining the confidentiality of that evidence. In re Terrorist Bombings (Fifth Amendment Challenges) 552 F.3d 177 (2d Cir.
In Ex Parte Lutchman, an important case in South African succession law, the deceased had left certain property to his six children in equal shares in a validly executed will. One of the deceased's children took out three life insurance policies on his father's life and explained to his father that in order for him (the son) to get the benefits of the policies when he (the father) died, he (the father) must draft a new will. The only provision in the second will was that the son was appointed the sole heir of the insurance policies, so he did not deal with any of the rest of his estate. Furthermore, he accidentally included a revocation clause in the new will, so its effect was that everything except the insurance policies devolved according to the law of intestate succession.
On September 17, 1861, the day the legislature reconvened to discuss these later events and Lincoln's possibly unconstitutional actions, twenty-seven state legislators (one-third of the Maryland General Assembly) were arrested and jailed by federal troops, using Lincoln's suspension of habeas corpus, and in further defiance of the U.S. Supreme Court Chief Justice's ex parte Merryman ruling.William C. Harris, Lincoln and the Border States: Preserving the Union (University Press of Kansas, 2011) p 71 Because of this large-scale arrest of state representatives the legislative session was canceled, and no further debate on anti-war measures or secession could take place. Delaware, bordering Maryland, was reinforced with Union troops to prevent similar events. Kentucky declared its neutrality (although it would eventually join the Union's side), and a Confederate government-in-exile for Missouri existed in Arkansas and Texas.
As explained above, see supra at 3, the Supreme Court has held that the military may constitutionally use force against a U.S. citizen who is part of enemy forces. See Hamdi, 542 U.S. at 518 (plurality opinion); id. at 587, 597 (Thomas, J. dissenting); Ex parte Quirin, 317 U.S. at 37-38 ("Citizens who associate themselves with the military arm of the enemy government, and with its aid, guidance and direction enter [the United States] bent on hostile acts," may be treated as "enemy belligerents" under the law of war.). Similarly, under the Constitution and the inherent right to national self- defense recognized in international law, the President may authorize the use of force against a U.S. citizen who is a member of al-Qa'ida or its associated forces and who poses an imminent threat of violent attack against the United States.
This was to ensure that a creditor could not collect the same debt twice. A hearing on a writ of audita querela was a full trial on the merits of the case, rather than a simple procedural hearing, and could result in both equitable remedies as well as summary judgment. The expense of pursuing a full trial was one of the factors that led to the writ's decline by the late 1660s, particularly as many plaintiffs only sought summary judgment, and English courts became more willing to entertain much cheaper to pursue motions for summary judgment. Two English statutes in particular, in allowing relatively simple affidavits in ex parte proceedings to secure summary judgment, led to an increase in their use in place of audita querela: the Charities Procedure Act 1812 and the Summary Procedure on Bills of Exchange Act 1855.
Rosenstein said that as a result of the investigation, there was now "overwhelming evidence that Russian operatives hacked American computers and defrauded American citizens, and that is only the tip of the iceberg of a comprehensive Russian strategy to influence elections, promote social discord, and undermine America, just like they do in many other countries [...] our nation is safer, elections are more secure, and citizens are better informed about covert foreign influence schemes." Rosenstein discussed the result of the special counsel investigation, saying that he did agree to oversee it correctly and to its completion, but: "I did not promise to report all results to the public, because grand jury investigations are ex parte proceedings. It is not our job to render conclusive factual findings. We just decide whether it is appropriate to file criminal charges".
R v Registrar General ex parte Segerdal and another was a court case heard by the Court of Appeal of England and Wales, which was instrumental in determining whether the Church of Scientology was to be considered a bona fide religion in England and Wales, and by extension what defines a religion in English law. The case, heard in 1969–70, focused on the question of whether a chapel at the Scientologists' UK headquarters should be registered as a meeting place for religious worship under an 1855 law. The Church's initial application was refused and it appealed the case to the courts, arguing that Scientology was a genuine religion and that it used the chapel for religious purposes. In dismissing the appeal, the Court of Appeal found that Scientology's practices "did not reveal any form whatever of worship".
There are several ways to evade the rules against purpose trusts. In Re Denley,[1968] 3 All ER 65 land was given in trust to provide a sports ground "primarily for the benefit of the employees of [a certain] company and secondarily for the benefit of such other persons as the trustees shall allow to use the same". Although for the benefit of a purpose, the wording identified a class of beneficiaries, which allowed the courts to find it valid. One way to evade the rule, therefore, is to create a trust that benefits a group of people but is confined to a purpose. The judgment of Lloyd LJ, given in R v District Auditor, ex parte West Yorkshire Metropolitan County Council,[1986] RVR 24 seems to indicate that the test of certainty for Denley trusts is the same as for discretionary trusts.
The High Court of Australia has shown resistance to privative clauses, holding that the ability of legislatures to insulate administrative tribunals from judicial review by means of such clauses is restricted by the Constitution of Australia,; . particularly section 75(v) which states: There is a further presumption in construing privative clauses that Parliament did not intend to limit access to the courts.. In the High Court decision R v Hickman, ex parte Fox (1945),. Justice Owen Dixon said:Ex parte Fox, p. 615. Thus, a privative clause does not prevent the High Court from exercising judicial review if an authority has failed to exercise power in a bona fide manner, or if the action taken or decision made is irrelevant to the subject manner of the legislation or does not come within the power conferred on the authority.
As soon as Kisch was released, he was re-arrested and was one of the very few Europeans to be given the test; he passed the test in various languages but finally failed when he was tested in Scottish Gaelic. The officer who tested him had grown up in northern Scotland but did not have a particularly good grasp of Scottish Gaelic himself. In the High Court case of R v Wilson; ex parte Kisch, the court found that Scottish Gaelic was not within the fair meaning of the Act, and overturned Kisch's convictions for being an illegal immigrant.. On 17 February 1935, Kisch addressed a crowd of 18,000 in the Sydney Domain warning of the dangers of Hitler's Nazi regime, of another war and of concentration camps. He told the story of his sojourn in Australian Landfall.
Under its police power, the state has the right to seize and destroy food which is unwholesome and unfit to use, and, in exercising such a power, due process of law, within the meaning of the Fourteenth Amendment, does not require previous notice and an opportunity to be heard; the party whose property is destroyed has a right of action after the act which is not affected by the ex parte condemnation of the state officers. Where, under the police power of the state, the legislature may enact laws for the destruction of articles prejudicial to public health, it is, to a great extent, within its discretion as to whether any notice and hearing shall be given, and the fact that the articles might be kept for a period does not give the owners a right to notice and hearing.
Ex parte Quirin or uniforms of the enemy.Trial of Otto Skorzeny and Others The Germans claimed in paragraph one of their order that they were acting only in retaliation in a quid pro quo for claimed Allied violation of the Geneva Convention regarding the execution of prisoners and other heinous acts; however, insofar as the Commando Order applied to soldiers in proper uniforms, it was in direct and deliberate violation of both the customary laws of war and Germany's treaty obligations. The execution of Allied commandos without trial was also a violation of Article 30 of the 1907 Hague Convention IV – The Laws and Customs of War on Land: "A spy taken in the act shall not be punished without previous trial." That provision includes only soldiers caught behind enemy lines in disguises, and not those wearing proper uniforms.
On the following day, Carrie Lam told reporters that there would be no further dialogue with protesters. She warned that "the police will give full assistance, including making arrests where necessary" in the clearance of the sites, and advised the protesters to leave "voluntarily and peacefully". However, the granting of the court order and the conditions attached to its execution attracted controversy as some lawyers and a top judge questioned why the order was granted based on an ex parte hearing, the urgency of the matter, and the use of the police when the order was for a civil complaint. On 10 November, around 1,000 pro-democracy demonstrators, many wearing yellow ribbons and carrying yellow umbrellas, marched to the PRC Liaison Office in Sai Wan to protest the arrests of people expressing support for the protest.
An ex parte application is made to court on the day of presentation of the petition for directions in relation to the hearing of the petition and frequently, the appointment of an interim examiner is sought. As an interim examiner has the same powers of certification of expenses as a full examiner, the court will be equally cautious in acceding to the appointment of an interim examiner. Although each situation will vary, one of the primary reasons for seeking the appointment of an interim examiner is to facilitate him commencing his work immediately rather than waiting until after the full hearing. In addition, it is often felt that the appointment of an interim examiner offers a certain level of reassurance to creditors and suppliers and to the company's employees who are frequently unaware of the intended application until after it has been made.
United States v. Lovett, Justice Frankfurter, joined by Justice Reed, concurred in the result. However, he took issue with the Court's characterization of the provision as a bill of attainder and, citing the principle of constitutional avoidance, avoided ruling the provision unconstitutional by concluding that while Kerr's provision "prevented the ordinary disbursal of money to pay respondents' salaries", "[it] did not cut off the obligation of the Government to pay for services rendered".United States v. Lovett, (Frankfurter, J., concurring) To define what a bill of attainder was for purpose of American law, the Court looked back to Cummings v. Missouri (1867) and Ex Parte Garland (1866). Lovett was the first time since the Reconstruction era that the Supreme Court reexamined its Bill of Attainder jurisprudence, although state and lower federal courts had confronted the issue at various points since.
As support for this contention, Souter notes that the framers of the U.S. Constitution did not include language adopting the common law that had already been adopted by many of the states in their own constitutions. Souter also notes that Congress had rejected proposed language for the Eleventh Amendment which would clearly have barred suits between states and their own citizens, and which would clearly have prevented Congress from abrogating this bar. Souter also disagrees with the Court's rejection of Ex parte Young, noting that where Chilicky was a rejection of the extra-statutory remedy proposed, Young was merely a jurisdictional device. Souter found it implausible that Congress would wish to see their statute made completely unenforceable simply because they had included a remedy for those injured by the failure of states to abide by it.
91 Attorney General Harry M. Daugherty concluded that no disqualifying event had occurred because the increase in emoluments to that office had occurred in a term prior to the one Kenyon was serving at the time of the nomination.33 Op. Att'y Gen. 88 (1922) (Daugherty's opinion would later be reaffirmed by the Clinton administration when Representative Bill Richardson was nominated as U.N. Ambassador.) No rollback was attempted when Senator Hugo Black was appointed to the Supreme Court, and in Ex parte Levitt, the court rejected, for lack of legal standing, an attempt to prevent Black from taking his seat based on Ineligibility Clause objections. The movant in the Black case, Albert Levitt, only had an interest in the case as a United States Citizen and a member of the Supreme Court bar, which the Court found to be insufficient.
If the rule of law is to enforce specific "constitutional" or "core" rights, what they should be is difficult to decide. Among them are questions of whether ideas such as the right not to be held indefinitely without trial, deemed contrary to the Convention in A v Home Secretary, could ever be deemed appropriate if circumstances changed.Bradley, Ewing (2011). p. 98. In R. ex parte (Corner House Research) v Director of the Serious Fraud Office (2008), the defendant public prosecution body chief was deemed to allow national security considerations to take precedence over a thorough investigation into alleged bribery in certain arms deals, which is that departure from completely equal application of the law (including its application to the Crown) in order to protect life may result in a perceived breach of the modern-day rule of law.
He had the misfortune to preside over two notorious cases, the Mount Rennie rape case and the Dean trials, which caused much popular feeling, and gave him the reputation in some quarters of being a "hanging" judge. His friends agreed that this estimate was far from his character, and that though he had a brusque exterior he was really a man of noble qualities. This estimate is in conformity with the fact that he was appointed president of the charities commission in 1873, and that he was responsible for the founding of the Discharged Prisoners Aid Society in 1874. An example of his courage and common sense is his judgment on the case dealing with the proceedings arising out of Annie Besant's pamphlet, The Law of Population, which was published separately in 1889 under the title, Ex Parte Collins.
He was nominated a third time to run for Congress in 1862, but declined primarily because of the position's poor salary and his need to replenish his savings. He returned to Indianapolis where became head of one of the state's leading law firms; his most famous partner was future United States President Benjamin Harrison. He took on several high- profile cases, including the Ex parte Milligan case, which ended before the United States Supreme Court, who ruled that Lambdin P. Milligan, who had been arrested during the war for subversive activities, and tried and convicted by a military tribunal, should be released as the tribunal had no authority to prosecute so long as the civil courts were still in operation. He was nominated as a Republican candidate to run for governor in 1876, but he declined.
After disappearing from the public view for a time Blackburn returned as a moral crusader, working closely with anti-pornography campaigner Lord Longford. His other campaigns included a failed drive against gambling and attempts to prosecute the films Mera ur kärlekens språk and Language of Love for gross indecency, the former successfully, the latter unsuccessfully. Although Mera ur kärlekens språk was the sequel of Language of Love Blackburn opted to prosecute the later film first. Blackburn also took part in a number of prominent legal challenges of major constitutional significance, including R v Commissioner of Metropolitan Police, ex parte Blackburn,[1968] 2 Q.B. 118[1968] 1 AER 763 on illegal gambling and the duties of the police, and Blackburn v Attorney-General,[1971] 2 All E.R. 1380 on the constitutionality of the European Communities Act 1972.
The Indian judiciary, in a catena of cases, has effectively resorted to the writ of habeas corpus to secure release of a person from illegal detention. For example, in October 2009, the Karnataka High Court heard a habeas corpus petition filed by the parents of a girl who married a Muslim boy from Kannur district and was allegedly confined in a madrasa in Malapuram town. Usually, in most other jurisdictions, the writ is directed at police authorities. The extension to non-state authorities has its grounds in two cases: the 1898 Queen's Bench case of Ex Parte Daisy Hopkins, wherein the Proctor of Cambridge University did detain and arrest Hopkins without his jurisdiction, and Hopkins was released, and that of Somerset v Stewart, in which an African slave whose master had moved to London was freed by action of the writ.
With regard to release of the debtor See Finley v Connell Associates [2002] Lloyds Rep PN 62 or also In re Fitzgeorge ex parte Robson, I KB 462 (1905) The co-extensive, secondary nature of the liability of the guarantor along with the fact that the guarantee is a contract to answer default, debt, or miscarriage; crucially differentiates the guarantee from an indemnity.Norwich and Peterborough Building Society v McGuinness [2010] EWCA Civ 1286 Also See Joanna Benjamin, Financial Law, OUP, 2007, Chapter 4.2 If, for example, a person wrongly supposes that someone is liable to them, and a guarantee is given on that erroneous basis, the guarantee is invalid by virtue of the law of contracts, because its foundation (that another was liable) failed.Mountstephen v. Lakeman, L.R. 7 Q.B. 202 No special phraseology is necessary to form a guarantee.
Additional chief metropolitan magistrate SK Gadhvi ordered a court inquiry into the matter under CrPC section 202 to inquire into the case to decide whether or not there is sufficient ground for a case to be filed. Observing that "prima facie it seems there is a case" against The Wire for its defamatory article against Shah, a metropolitan court issued summons to the reporter of the article and editors of the website to appear before it on 13 November in the criminal defamation case filed against them. The order also mentions Shah's contention that "the news portal didn't give enough time to him to send his response, the article didn't include the loss incurred by his company in the year 2015-2016, and created confusion over the turnover to defame him." The Ahmedabad civil court on 23 December vacated the ex parte and interim injunction.
In United States v. McBratney (1881), the Court held that the federal government had failed to reserve criminal jurisdiction over Indian country in Colorado upon its admission as a U.S. state. Thus, it had no jurisdiction to try the murder of a non-Indian by a non-Indian on the Ute reservation.United States v. McBratney, 104 U.S. (14 Otto) 621 (1881). In Ex parte Crow Dog (1883), the Court held that the Nonintercourse Act of 1834's exception for Indian-on-Indian crimes had not been repealed by the "bad men" clause of a treaty, and that therefore there was no federal jurisdiction to try such a crime.Ex parte Kan-gi-shun-ca (Crow Dog), 109 U.S. 556 (1883). Congress responded by passing the Major Crimes Act. In United States v. Kagama (1886), the Court upheld the Major Crimes Act.United States v. Kagama, 118 U.S. 375 (1886).
This core duty of loyalty is manifested firstly in section 175 which specifies that directors may not use business opportunities that the company could without approval. Shareholders may pass a resolution ratifying a breach of duty, but under section 239 they must be uninterested in the transaction. This absolute, strict duty has been consistently reaffirmed since the economic crisis following the South Sea Bubble in 1719.See Keech v Sandford (1726) Sel Cas Ch 61, Whelpdale v Cookson (1747) 1 Ves Sen 9; 27 ER 856, Ex parte James [1803-13] All ER Rep 7, Parker v McKenna (1874) LR 10 Ch App 96 and Bray v Ford [1896] AC 44 For example, in Cook v Deeks,[1916] 1 AC 554, [1916 UKPC 10] (PC) three directors took a railway line construction contract in their own names, rather than that of their company, to exclude a fourth director from the business.
Maryland was considered one of the five border states at the outbreak of the U.S. Civil War. On April 27, 1861 Lincoln suspended the writ of habeas corpus in Maryland partially as a response to the Baltimore riot of 1861, and in portions of midwestern states such as southern Indiana. The first person to be arrested after this order was issued was Lieutenant John Merryman of the newly formed (1861) Baltimore County Horse Guards, a unit composed of southern sympathizers. Merryman was accused of treason for destroying bridges and telegraph wires to prevent Union troops from marching through Baltimore to reinforce Washington D.C.. Lincoln's action was challenged in court and overturned by the U.S. Circuit Court in Maryland (led by Supreme Court Chief Justice Roger B. Taney, who was incidentally married to Anne Phoebe Charlton Key, Francis Scott Key's sister) in Ex Parte Merryman, 17 F. Cas.
Private parties were generally restricted from using them unless they met one of the exceptions, which included an exception for the business providing the communication if it needed to do so to ensure the proper functioning of its business. For law enforcement agencies to get a pen register approved for surveillance, they must get a court order from a judge. According to 18 U.S.C. § 3123(a)(1), the "court shall enter an ex parte order authorizing the installation and use of a pen register or trap and trace device anywhere within the United States, if the court finds that the attorney for the Government has certified to the court that the information likely to be obtained by such installation and use is relevant to an ongoing criminal investigation". Thus, a government attorney only needs to certify that information will "likely" be obtained in relation to an 'ongoing criminal investigation'.
151 At the same time, no legitimate expectation had been created following Bancoult (No 1). The standard requirement for legitimate expectation, as decided in R v North and East Devon Health Authority, ex parte Coughlan, was that there must be a "clear and unambiguous" promise made that led to a reliance or a detriment; Robin Cook's statement after the first Bancoult case could not be described as a clear and unambiguous promise of resettlement, and the requirements of reliance and detriment were not met. Lords Bingham and Mance, dissenting, took the view that the Order in Council was unreasonable and therefore invalid. Bingham noted that the proper way to interpret an exercise of the royal prerogative was to look at how it had been exercised previously, and that he could not find any previous record of the prerogative being used to "exile an indigenous population from its homeland".
When pressed about why he had not obtained a hair sample from Acreman to compare with the Caucasian pubic hair and other hairs found on the victim, Styles stammered, "Let's say I didn't do it and it wasn't done, and why it wasn't done, I don't know." On October 9, 1987, Judge Pickett recommended that the Court of Criminal Appeals grant Brandley a new trial, declaring: "The litany of events graphically described by the witnesses, some of it chilling and shocking, leads me to the conclusion the pervasive shadow of darkness has obscured the light of fundamental decency and human rights." The Court of Criminal Appeals, after sitting on the case for 14 months, finally accepting Picket's recommendation with a sharply split en banc decision on December 13, 1989 (Ex Parte Brandley, 781 S.W.2d 886 (1989)). The prosecution appealed, delaying disposition of the case another 10 months.
This principle has been upheld in case law, such as the case of R v Eccles Justices, ex parte Farrelly (1992) in which the Queen's Bench Divisional Court quashed convictions because a court clerk had apparently participated in the decision making process. A justices' clerk has the powers of a single magistrate, for example to issue a summons, adjourn proceedings, extend bail, issue a warrant for failing to surrender to bail where there is no objection on behalf of the accused, dismiss an information where no evidence is offered, request a pre-sentence report, commit a defendant for trial without consideration of the evidence and make directions in criminal and family proceedings.Justices’ Clerks’ Rules 2005 The justices' clerk may delegate these functions to a legal adviser (referred to as "assistant justices' clerk" in the relevant legislation).The Role of the Justices' Clerk and the Legal Adviser, Justices' Clerks' Society, December 2008.
The defendants responded by entering a special appearance in the Delaware court for the purpose of moving to quash service of process and to vacate the sequestration order, thus contesting Delaware's exercise of jurisdiction over them. They contended that none of them had ever set foot in Delaware or conducted any activities in that state. They contended that the ex parte sequestration procedure did not accord them due process of law as required by the Fourteenth Amendment, as construed by Supreme Court cases defining the requirements of personal jurisdiction, and that exercising quasi in rem jurisdiction over property in the forum state that was unrelated to the subject-matter of the litigation was constitutionally impermissible. As the Supreme Court explained: > The Delaware state court found that it had quasi in rem jurisdiction, based > on a Delaware statute that declared stock owned in a Delaware corporation to > be legally located 'in' Delaware.
In the 1942 Supreme Court of the United States ruling Ex Parte Quirin, the Court uses the terms with their historical meanings to distinguish between unlawful combatants and lawful combatants: Johnson v. Eisentrager (1950) reaffirmed the idea that the Constitution does not apply to enemy combatants, and that U.S. courts lack jurisdiction over them.. In the wake of the September 11, 2001 attacks the United States Congress passed a resolution known as the Authorization for Use of Military Force Against Terrorists (AUMF) on September 14, 2001,US Congress' joint resolution of lexi September 18, 2001 Authorization for Use of Military Force ("AUMF"); public law 107-40, 115 Stat. 224 wherein the Congress invoked the War Powers Resolution. Using this authorization granted to him by Congress, on November 13, 2001, President George W. Bush issued a Presidential Military Order: "Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism".
In 1972, he decided to pursue this matter into the Court of Appeal, which confirmed the 1968 judgment, in a separate matter of enforcement against the British Board of Film Censors and a cinema of the pornography laws then extant. The original Blackburn case in the 1968 Court of Queen's Bench dealt with Blackburn's allegations of a London illegal gambling establishment, whereas in Autumn 1972 the adjudication was in the Court of Appeal of Lord Denning, MR.Reported as [1973] 1 Q.B. 241 (C.A.) The case was noted as recently as the 1998 decision of the Lords Regina v. Chief Constable of Sussex Ex Parte International Trader's Ferry Limited 1998 UKHL 40, concerning police protection for the customers of ITF, a company involved in the export of livestock through the port of Shoreham, during the early months of 1995 when animal rights protesters were trying to stop the trade.
In the Supreme Court, arguments were heard from the parties to the case. Lord Toulson, with whom the other members agreed, said that the general power of a magistrate to issue a search warrant on ex parte application of a police officer, given reasonable belief that an indictable offence had taken place and that there was material likely to be of substantial value to the investigation on the premises, section 14 of the Police and Criminal Evidence Act 1984 mean that journalistic material was classed as "special procedural material" and did not fall under the general power. Application had been made under both the general and the "special material" sets of access conditions, and only the "special material" set was applicable. Special material, fell under section 9 and Schedule 1, and the application consequently had to be made inter partes and to a circuit judge.
It requested that Union troops be removed from Maryland. The state legislature did not want to secede, but it also did not want to aid in killing southern neighbors in order to force them back into the Union. Maryland's wish for neutrality within the Union was a major obstacle given Lincoln's desire to force the South back into the Union militarily. To protect the national capital, Lincoln suspended habeas corpus and imprisoned without charges or trials one sitting U.S. congressman as well the mayor, police chief, entire Board of Police, and the city council of Baltimore."Fort McHenry, Lincoln Suspension of Habeas Corpus", Baltimore Sun, 27 November 2001 Chief Justice Roger Taney, acting only as a circuit judge, ruled on June 4, 1861, in Ex parte Merryman that Lincoln's suspension of habeas corpus was unconstitutional, but the president ignored the ruling in order to meet a national emergency.
The judge explained that an Applicant, when seeking leave for a judicial review must produce an affidavit that specifically establishes how he/she believes the decision making procedure was wrong. Judge McGuinness contrasted this case with R v Secretary of State for the Home Department, ex parte Turgut [2001] 1 All ER 719, where "1,500 specific pages of specific evidence were submitted to the Court." In this case, on the other hand, the judge could not find whether the facts supported a proper ground for the relief being fought, "because neither in the Adam proceedings nor the Iordache proceedings did the pleadings set out any specific evidence that the Minister had failed to have regard to the situation in Romania when considering the position of the Applicants." The judge found that the Applicants did not provide much evidence for their claims and did not put forward a strong case.
All were eventually released except: The accused were tried by a military tribunal ordered by Johnson, who had succeeded to the presidency on Lincoln's death: The prosecution was led by U.S. Army Judge Advocate General Joseph Holt, assisted by Congressman John A. Bingham and Major Henry Lawrence Burnett. The use of a military tribunal provoked criticism from Edward Bates and Gideon Welles, who believed that a civil court should have presided, but Attorney General James Speed pointed to the military nature of the conspiracy and the facts that the defendants acted as enemy combatants and that martial law was in force at the time in the District of Columbia. (In 1866, in Ex parte Milligan, the United States Supreme Court banned the use of military tribunals in places where civil courts were operational.) Only a simple majority of the jury was required for a guilty verdict, and a two-thirds for a death sentence. There was no route for appeal other than to President Johnson.
For a case to be removed to federal court, the denial of rights must occur in the constitution or laws of the state, or in other pre-trial actions of state officials, that state courts are without power to remedy—that is, it held that the Civil Rights Act required removal be based on objectively discernible facts about the denial of rights (such as the exclusion of freedmen from the jury pool by Judge Coles in Ex parte Virginia, despite Virginia law allowing freedmen to serve as jurors, an act in violation of the Civil Rights Act of 1875), and not the defendant's subjective beliefs about potential outcomes of a state-administered trial. The Supreme Court provided that the remedy for denials of equal protection occurring during trial can be found in the appeals process; only those cases where equal rights cannot be enforced before state judicial bodies are appropriate to be removed to federal court.
As some authorities put it, intended consequences can never (almost by definition) be "too remote" to found liability. The relevant principle has been explained by the Appellate Division, which ruled in Ex parte die Minister van Justisie: In re S v Grotjohn1970 (2) SA 355 (A). that, where the act is a calculated part of the chain of causation which the perpetrator started, and is an eventuality which the perpetrator foresees as a possibility, and which he desires to employ to obtain his object, it would be contrary to accepted principles of law, and to all sense of justice, to allow him to take shelter behind the act as a novus actus interveniens.In particular, the court held that whether or not a person who instigates or assists in the commission of suicide, or puts another in a position to commit suicide, thereby commits an offence will depend on the facts of the particular case.
Also known as the "Minnesota Gag Law", it provided permanent injunctions against those who created a "public nuisance," by publishing, selling, or distributing a "malicious, scandalous and defamatory newspaper." Olson claimed that the allegations raised against him and the other named public officials in all nine issues published between September 24, 1927, and November 19, 1927, as well as the paper's overall anti-Semitic tone, constituted a violation of this law. On November 22, 1927, Judge Matthias Baldwin of the Hennepin County District Court issued a temporary injunction that barred the defendants from editing, publishing, or circulating The Saturday Press or any other publication containing similar material. This injunction was granted without notice to either defendant on an ex parte hearing between Olson and the judge, and was to extend until the hearing on the judge's order for the defendants to show cause as to why they should not be permanently enjoined from publishing their paper.
During the American Civil War, the administration of President Abraham Lincoln dealt with Union dissenters by declaring martial law, sanctioning arbitrary arrest and detention, suspending the writ of habeas corpus that requires justification of the detention, and initiating trials by military commission rather than conventional civil courts. The rationale for these actions was based on Article 1, Section 9 of the U.S. Constitution, which authorizes the suspension of the writ of habeas corpus "when in Cases of Rebellion or Invasion the public Safety may require it."Alan T. Nolan, "Ex Parte Milligan: A Curb of Executive and Military Power." In Lincoln theorized that the civil courts in the United States were established to try individuals and small groups "on charges of crimes well defined in the law" and not to deal with large groups of dissenters, whose actions, while damaging to the war effort, did not constitute a "defined crime" in states loyal to the government.
Ex parte Milligan, 71 U.S. (4 Wall.) 2 (1866), was a landmark decision of the US Supreme Court that ruled the application of military tribunals to citizens when civilian courts are still operating is unconstitutional. In this particular case, the Court was unwilling to give President Abraham Lincoln's administration the power of military commission jurisdiction, part of the administration's controversial plan to deal with Union dissenters during the American Civil War. Justice David Davis, who delivered the majority opinion, stated that "martial rule can never exist when the courts are open" and confined martial law to areas of "military operations, where war really prevails", and when it was a necessity to provide a substitute for a civil authority that had been overthrown. Chief Justice Chase and three associate justices filed a separate opinion concurring with the majority in the judgment, but asserted that Congress had the power to authorize a military commission, although it had not done so in Milligan's case.
In Ex Parte Maurice, an important case in South African succession law, the facts were these: A few weeks before his death, the deceased forwarded a draft of his will in his own handwriting to a building society, along with a letter asking them to “knock this document into shape and finalise it in legal jargon.” The question before the court was whether it should exercise its discretion to declare the will valid, even though it had not been signed by any witnesses, etc. The court held that there are three requirements which must be fulfilled before condonation is given: # The document must be drafted or executed by a person # who has since died; # and who intended the document to be his will. The court held that the document was merely a draft; there was still work to be done on it, so it was not the final will and testament of the deceased.
On August 5, 1881, after a long simmering feud, Crow Dog shot and killed principal chief Spotted Tail (who was also at the Grattan massacre), on the Rosebud Indian Reservation. A grand jury was convened and he was tried and convicted in Dakota Territorial court in Deadwood, South Dakota, and sentenced to death which was to be carried out on January 14, 1884. He was imprisoned in Deadwood pending the outcome of his appeals. According to historian Dee Brown in his bestselling book, Bury My Heart at Wounded Knee: > White officials... dismissed the killing as the culmination of a quarrel > over a woman, but Spotted Tail's friends said that it was the result of a > plot to break the power of the chiefs... In 1883, writs of habeas corpus and certiorari were filed on his behalf by lawyers who volunteered to represent him pro bono; his case was argued in November 1883 before the U.S. Supreme Court in Ex parte Crow Dog.
As early as New South Wales v Commonwealth (The Wheat Case), the High Court decided that the strict insulation of judicial power was a fundamental principle of the Constitution... This also applies to tribunals and commissions set up by Federal Parliament which, unlike some of their equivalents in the states, can only recommend consequences. The Federal Parliament itself has the rarely used privilege of being able to act as a court in some circumstances, primarily where it may regard a non-member as acting "in contempt" of parliament. The reasoning in the Wheat Case was taken further in Waterside Workers' Federation of Australia v J W Alexander Ltd where a decisive distinction between judicial and arbitral functions was drawn. The High Court made reference to the separation of powers again in R v Kirby; Ex parte Boilermakers' Society of Australia (Boilermakers' Case), highlighting that only a Chapter III Court can exercise judicial powers and, that a Chapter III Court is only permitted to exercise judicial power.
The question of the respective competence of national and provincial governments in respect of Schedules 4 and 5 has not yet been considered by the courts in an environmental matter, but analogies may be drawn from the case of Ex parte the President of the Republic of South Africa, In re: Constitutionality of the Liquor Bill. “Liquor licences” are specifically mentioned in Schedule 5, but “trade” and “industrial promotion” appear in Schedule 4: They are concurrent matters, therefore. The question considered by Cameron J in the Constitutional Court was whether or not the override provision, applied in casu, gives national government the competence to enact legislation on various facets of the liquor trade. After a thorough analysis of the position the court pointed out that > Where a matter requires regulation inter-provincially, as opposed to intra- > provincially, the Constitution ensures that national government has been > accorded the necessary power, whether exclusively or concurrently under > Schedule 4, or through the powers of intervention accorded by section 44(2).
On expiry of the inspection period, the Master and the magistrate (where the statement has lain with him) each issues a certificate to the effect that the statement has duly lain for inspection as advertised in the notice of surrender, and whether any objections have been lodged with him by creditors. This certificate must be filed with the Registrar before the application is heard. In Ex parte Viviers et uxor (Sattar intervening) 2001 (3) SA 240 (T), the court accepted that a debtor who has already made an unsuccessful attempt to surrender his estate may lodge the same statement of affairs that he used in the earlier abortive application, provided the relevant facts and reasons for the surrender remained unchanged. In the court's view, in the absence of any provision in the Act or other authority providing a legal impediment to the same material facts being used more than once, there was no reason why the debtor could not reuse his previous statement of affairs.
The decision in Anisminic, which held that total ouster clauses do not safeguard decisions affected by errors of law from judicial review, poses a challenge to the judgment in Smith, but the latter was affirmed by the Court of Appeal of England and Wales in R v Secretary of State for the Environment, ex parte Ostler (1976).. The Court held that a distinction could be drawn between a total ouster clause and a partial ouster such as the one in question, which gave the applicants six weeks to challenge the decision. Lord Denning, the Master of the Rolls, explained that the rationale for upholding time limit clauses is that it is in the public interest to promote certainty of the executive's actions. If the courts were to allow plaintiffs to come to them for remedies long after the time limit for doing so has expired, the acts or decisions of authorities would be held up or delayed.
In Wong Wing, just like in Ex Parte Wilson, a punishment requiring hard labor was set aside because it was brought about without the involvement of a grand jury indictment. But the United States suggested Wong Wing's punishment was found to be infamous because he was to be sent to a penitentiary, and not because the sentence involved hard labor. The majority opinion found this contention odd, because the Detroit House of Corrections, to which Wong Wing was sent many years ago, was in fact not a penitentiary: “it was, and is, what its name implies – a place of correction and reformation, not of condemnation to infamy.” Since the hard labor sentence against Wong Wing was set aside and not done so because he was to be sent to a penitentiary, it can only have been because the inclusion of hard labor was infamous and therefore led to a Fifth Amendment violation.
An influential councillor, he became in 1621 the president and administrator of the Chamber of Upper Hungary (also called "Chamber of Szepes" or "Chamber of Kassa") - supreme institution for the finances and economy of Upper Hungary - until the death of Bethlen in 1629."Kassay kamara elnöke", in Kárpátaljai Magyar Könyvek, Kovács Elemér, 2009 link Delegated commissioner of his Excellency, he is quoted as "supreme prefect of the Chamber, councilor and supreme prefect of the region of cis- and ultra Tybiscanus" (camerae supremus praefectus, consiliarius necnon omnium artium cis and ultra Tibiscanorum supremus praefectus in Latin). As example the region of Cis-Tybiscanus including the following counties: Abaujvariensis, Bereghiensis, Borsodiensis, Gömöriensis, Hevesiensis et Szolnok mediocris, Sarosiensis, Scepusiensis, Tornensis, Unghvariensis and Zempliniensis."Consiliarii David Belavarÿ camerae Cassoviensis ac Bonorum ejusdem Cis-Tibiscanorum Præfectus, ex parte Sui Serenitatis delegate Commissarii", "1627 V 19 Vertrag von Tokaj" ("Hauptvertrag und Zollkonvention") He was lord of Vörösvár, Kovászó, Bene, Konaszo, etc.
The Criminal Justice and Court Services Act 2000 is a United Kingdom Act of Parliament that advances a number of agendas related to criminal justice. It instituted the National Probation Service as well as the Children and Family Court Advisory and Support Service. The Act also makes the parents of persistent truants criminally liable and subject to a maximum penalty of three months in prison,Criminal Justice and Court Services Act 2000, §72 a legal change that led to the first imprisonment of parents in 2002. On sentencing, the Act formally removes the role of the Home Secretary in sentencing of young people for grave crimes (such as murder) following the decisions by the House of Lords in R v Secretary of State for the Home Dept ex parte Venables and Thompson (1997)[1997] All ER 97 and the subsequent case at the European Court of Human Rights, T. v United Kingdom.
See "Historical subjects from the Triumphal Arch," British Museum collection database; Schauerte, Thomas Ulrich, Die Ehrenpforte für Kaiser Maximilian I, Deutscher Kunstverlag, (2001), pp. 281–2, the complete woodcut has the following Latin inscription; "Illud vero laude non caret, cu' Flandos, atque sicambros suos valida manu inviseret, ut reges Angliae partes, ad versus regem Franciae tueretur, Id quod sine sanguine fieri nequit, Unde cu' iam utraque ex parte dimicatum esset fortiter, ac utinque haud pauci occubissent victoriu portitas est Caesar deinde Terrauonam solo aequevet Tornavia, oppugnationem nom sustilem pacta pace cu' Caesare, in potestatem illum receptem." Henry commissioned commemorative paintings of the meeting and of the battle which showed him involved in the centre of the action, though Hall pointed out he took advice to stay with the foot soldiers.Painting of the battle, Royal Collection, Bridgman Art Library In Henry's inventory, one painting was noted as "A Table wherein is conteined the Seginge of Torney and Turwyn".
Given the shortage of workers and consequent price rises the Ordinance of Labourers 1349 and the Statute of Labourers 1351 attempted to suppress sources of wage inflation by banning workers organisation, creating offences for any able-bodied person that did not work, and fixing wages at pre-plague levels. Ultimately this led to the Peasants' Revolt of 1381, which was in turn suppressed and followed up with the Statute of Cambridge 1388, which banned workers from moving around the country. Yet conditions were improving as serfdom was breaking down. One sign was the beginning of the more enlightened Truck Acts, dating from 1464, that required that workers be paid in cash and not kind. In 1772 slavery was declared to be illegal in R v Knowles, ex parte Somersett,(1772) 20 State Tr 1 and the subsequent Slave Trade Act 1807 and Slavery Abolition Act 1833 enforced prohibition throughout the British Empire.
Throughout the trial, Roosevelt's decision of creating a military tribunal to prosecute the Germans was challenged by Lieutenant Colonel Kenneth Royall, who was appointed to defend the Germans. Royall said that Roosevelt had no right to create a military tribunal to try his clients, citing Ex parte Milligan (1866), a case in which the U.S. Supreme Court ruled that the federal government could not establish military tribunals to try civilians in areas where civilian courts were functioning, even during wartime. Since civilian courts were functioning in Washington D.C., he argued that the case involving the Germans should be heard there. Attorney General Francis Biddle, who was appointed as a prosecutor of the case, responded that the clients who, acting on behalf of the German government, secretly entered into U.S. territory without proper uniforms in time of war for the purpose of committing hostile acts, were not entitled to have access to civilian courts.
Most of the company attorneys seemed shocked by Pine's request and were unable to address the issue, but Charles Tuttle, counsel for Armco Steel, squarely argued the issue. In his counterargument the following day, Baldridge claimed that the courts had no authority to enjoin the President and then argued that the court should ignore the constitutional issue if it could decide the case on grounds of equity. Baldridge relied heavily on Ex parte Merryman 17 F. Cas. 144 (1861), Mississippi v. Johnson 71 U.S. 475 (1866), In re Debs 158 U.S. 564 (1895) and United States v. Pewee Coal Co. 341 U.S. 114 (1951) as justification for the government's claims of unfettered executive power.Loftus, "Court is Uncertain of Truman's Power to Take Over Steel", The New York Times, April 25, 1952; Loftus, "President's Power Is Not Restricted, Says U.S. Lawyer", The New York Times, April 26, 1952; Loftus, "U.S. to Seek Stay If Seizure Is Upset", The New York Times, April 27, 1952. Baldridge's claims of unlimited executive power created a firestorm of negative opinion on April 26.
He was replaced as commander of the Department of Annapolis by George Cadwalader, another Brigadier General in the United States Volunteers. Lincoln subsequently had the mayor, police chief, entire Board of Police, and city council of Baltimore imprisoned without charges, as well as one sitting U.S. Congressman from Baltimore. The Chief Justice of the U.S. Supreme Court, who was also a native of Maryland, ruled on June 4, 1861 in ex parte Merryman that Lincoln's suspension of habeas corpus was unconstitutional, but Lincoln ignored the ruling, and later when Baltimore newspaper editor Frank Key Howard, Francis Scott Key's grandson, criticized this in an editorial he too was imprisoned without trial. (Ironically, federal troops imprisoned the young newspaper editor in Fort McHenry, which, as he noted, was the same fort where the Star Spangled Banner had been waving "o'er the land of the free" in his grandfather's song.) In 1863 Howard wrote about his experience as a political prisoner at Fort McHenry in the book Fourteen Months in the American Bastille; two of the publishers selling the book were then arrested.
Coetzee J found that "urgency" in respect of urgent applications, which are not ex parte applications under Rule of Court 6(4), involves, mainly, the abridgement of times prescribed by the Rules, and, secondly, the departure from established filing and sitting times of the court. He held that the following factors, in ascending order of urgency, must be borne in mind: # The question is whether there must be a departure at all from the times prescribed in Rule 6(5)(b). Usually this involves a departure from the time of seven days which must elapse from the date of service of the papers until the stated day for hearing. Once that is so, this requirement may be ignored and the application may be set down for hearing on the first available motion day, but regard must still be had to the necessity of filing the papers with the Registrar by the preceding Thursday so that it can come onto the following week's motion roll, which will be prepared by the Motion Court Judge on duty for that week.
The Journal of the American Academy of Psychiatry and the Law Online wrote a case brief on the appellate decision, and stated that the issue of substituted consent is complex and traces its history to England in Earl of Eldon's 1816 decision of Ex parte Whitbread, in the matter of Hinde. The author wrote that the appellate decision in Doe would have been approved by Lord Eldon. In the 2011 publication of Health Care Management and the Law: Principles and Applications, Donna Hammaker wrote that the Appellate Court's decision in Doe is one of the most recent cases to tackle the issue of medical decision making for the mentally disabled and the court logically determined that an incompetent person may make decisions that have harmful or even deadly consequences because they may not know what is in their best interest. Christine Ryan cited the decision in Doe in the Fordham Law Review, and wrote that courts properly apply substituted judgement analysis when the patient once had competency but became incompetent. Snopes.
The “costs of sequestration” include the costs not only of surrender but also of all the general costs of administration. “Free residue” is defined in section 2 as “that portion of the estate which is not subject to any right of preference by reason of any special mortgage, legal hypothec, pledge or right of retention.” It includes the balance of the proceeds of encumbered property after discharge of the encumbrances. For the purpose of calculating the amount of free residue in an estate, therefore, the surplus in value of encumbered assets over the amount of the encumbrances must be taken into consideration. “It is necessary,” the court held in Ex parte Van Heerden, “to consider whether the surplus of the proceeds of the immovable property, after satisfying the mortgage bonds which have a preferential claim thereon, can be considered as ‘free residue’ within the meaning of that expression as used in the Act.” The definition of “free residue” must be taken to refer to that portion of an estate under sequestration when liquidated, which is not subject to any right of preference.
In 1973, the Indira Gandhi led Congress (I) terminated ‘One Rank One Pension’ the basis for deciding pension of Indian Armed Forces Personnel ‘which had been in vogue for 26 years since independence’ through an ex parte administrative order. In addition, the Government, on the basis of the report of third Pay commission, from which Armed Forces representation was excluded, and which was dominated by bureaucrats, increased the pension of civilians, who retired at 58, from 30 to 50 percent, a net increase of 20 percent; and reduced the pension of soldier, Non Commissioned Officers (NCOs) and Junior commissioned Officers (JCOs), by 20 percent, from 70 to 50 percent of basic pay, with the caveat that for full pension the minimum service was 33 years. But as soldiers in 1973 retired after 15 years service, at the age of 33–36, they got less than 30 percent of the pay as pension. Soldiers pension was thus decreased not by 20 percent but 40 percent from 70 to 30 percent.
Soldiers in proper uniforms cannot be punished for being lawful combatants and must be treated as prisoners of war upon capture except those disguised in civilian clothes or uniforms of the enemy for military operations behind enemy lines. The fact that Hitler's staff took special measures to keep the order secret, including the limitation of its printing to 12 initial copies, strongly suggests that it was known to be illegal.. He also knew the order would be unpopular with the professional military, particularly the part that stated it would stand even if captured commandos were in proper uniforms (in contrast to the usual provision of international law that only commandos disguised in civilian clothes or uniforms of the enemy could be treated as insurgents or spies, as stated in the Ex parte Quirin, the Hostages Trial, and the Trial of Otto Skorzeny and others). The order included measures designed to force military staff to obey its provisions. Some commanders like Rommel had refused to relay the order to their troops since they considered it to be contrary to honourable conduct.
This included references to the judgement of Gummow and Crennan JJ where their Honours said at [111]: > As a general proposition, it may be accepted that legislation which requires > a court exercising federal jurisdiction to depart to a significant degree > from the methods and standards which have characterised judicial activities > in the past may be repugnant to Ch III. Bleby J also cited the dissent of Kirby J in Thomas v Mowbray where his Honour said at [366]: > Requiring such courts, as of ordinary course, to issue orders ex parte, that > deprive an individual of basic civil rights, on the application of officers > of the Executive Branch of Government and upon proof to the civil standard > alone that the measures are reasonably necessary to protect the public from > a future terrorist act, departs from the manner in which, for more than a > century, the judicial power of the Commonwealth has been exercised under the > Constitution. The State of South Australia then appealed that decision to the High Court of Australia.
In the United Kingdom, the Abortion Act 1967 legalized abortion on a wide number of grounds, except in Northern Ireland. In Great Britain, the law states that pregnancy may be terminated up to 24 weeks if it: #puts the life of the pregnant woman at risk #poses a risk to the mental and physical health of the pregnant woman #poses a risk to the mental and physical health of the fetus #shows there is evidence of extreme fetal abnormality i.e. the child would be seriously physically or mentally handicapped after birth and during life.. However, the criterion of risk to mental and physical health is applied broadly, and de facto makes abortion available on demand,R v British Broadcasting Corporation, ex parte ProLife Alliance [2002] EWCA Civ 297 at [6], [2002] 2 All ER 756 at 761, CA though this still requires the consent of two National Health Service doctors. Abortions in Great Britain are provided at no out-of-pocket cost to the patient by the NHS.
George W. Bush shakes hands with U.S. Senator Arlen Specter after signing H.R. 3199, the USA PATRIOT Improvement and Reauthorization Act of 2005 In June 2005, the Select Committee on Intelligence met behind closed doors to consider a draft proposal by Pat Roberts (R-KS) which, among other things, would have removed the primary purpose of FISA warrants issued ex parte and in camera to be for foreign intelligence. Instead, the warrants could also have been used for purposes unrelated to foreign intelligence. This was condemned by the ACLU, with ACLU Attorney Lisa Graves complained that the secret hearings into the draft was "an attempt to force the debate onto their terms, versus where the momentum has been headed, which is to roll back the Patriot Act to bring it in line with the Constitution and make sure its tools are focused on terrorists, as opposed to Americans." The committee's proposed legislation was introduced into the House on July 21 as the USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005.
Incumbered Estates Commission. In the Matter of the estate of Francis Hassard, Esquire, Owner, Ex-parte Adam Thompson, Executor of William Thompson, Petitioner. Take Notice, that the Commissioners have Sold the Lands of Rockwood, otherwise Tiercahan (Lower), Tircahan (Upper), Gertaleg (Upper), Dunglave (part of), Tonyquin, Newtown, Gortmore, Cullion, otherwise Tawneanagra, Gub or Gub Wallace, Finagho, or Finahoo, and Magherea otherwise Mohers, situate in the Barony of Tullyhaw, and County of Cavan, And the Draft Schedule of Incumbrances being lodged in the Office of the General Clerk, if any person have a claim not therein inserted, or any objection to said Schedule, particularly in respect of the Deeds mentioned in the Schedule hereto, or any lien on the purchase money, a statement, duly verified, of the particulars of such claim, objection, or lien, must be lodged by such person in said Office, on or before the Fourteenth day of June next, and on the following Monday at the Hour of eleven o’Clock A.M., Mountifort Lougfield, L.L.D., one of the Commissioners, will give directions for the final settlement of said Schedule.
Incumbered Estates Commission. In the Matter of the estate of Francis Hassard, Esquire, Owner, Ex-parte Adam Thompson, Executor of William Thompson, Petitioner. Take Notice, that the Commissioners have Sold the Lands of Rockwood, otherwise Tiercahan (Lower), Tircahan (Upper), Gertaleg (Upper) , Dunglave (part of), Tonyquin, Newtown, Gortmore, Cullion, otherwise Tawneanagra, Gub or Gub Wallace, Finagho, or Finahoo, and Magherea otherwise Mohers, situate in the Barony of Tullyhaw, and County of Cavan, And the Draft Schedule of Incumbrances being lodged in the Office of the General Clerk, if any person have a claim not therein inserted, or any objection to said Schedule, particularly in respect of the Deeds mentioned in the Schedule hereto, or any lien on the purchase money, a statement, duly verified, of the particulars of such claim, objection, or lien, must be lodged by such person in said Office, on or before the Fourteenth day of June next, and on the following Monday at the Hour of eleven o'Clock A.M., Mountifort Lougfield, L.L.D., one of the Commissioners, will give directions for the final settlement of said Schedule.
In the days after the military order on November 13, 2001, to try suspected terrorists, and particularly those detained at Guantanamo Bay, before military commissions, Ex parte Quirin was frequently cited as the legal basis for the order. Upon the capture of the Quirin saboteurs, President Roosevelt had issued an executive order, upon which the order issued by President Bush was putatively modeled; this authorized military commissions to try the captives for, among other offenses, violations of the laws of war, providing the enemy with intelligence, and spying. Quirin had held that extant legislation authorized the use of military commissions for the types of offenses in question. While in Quirin there had been a public law passed with the title "declaration of war" and three Articles (15, 81 and 82) of the Articles of War, President Bush's claim relied on a congressional Joint Resolution used as a formal declaration of war (which has no precise legal definition in the United States) under the War Powers Resolution, and two provisions of the Uniform Code of Military Justice, the successor to the Articles of War.
15-22: "Semper tamen eccipio familiarem meum antrum Aeoli, et interiorem illum tortorem, qui mihi perpetuus comes fuit.... Sed hisce diebus veni in aliquam spem, aut sublatum iri hunc morbum, aut esse magna ex parte leniendum, atque de hoc postremo quidem bene speramus, nam illa altera spes non parum anceps est, et incerta, cum plerique omnem hujus generis malo curationem, desperent." In 1528 he travelled with some brothers to the monastery of Torchiara (Turres Claras), on orders of Pope Clement VII who had assigned the monastery in Parma to other occupants. But the size of Torchiara was such that it could not hold all the brothers, and therefore, after complaints to Rome, with papal permission they returned to Parma.Gussago, pp. 23-24. A letter was written by Isidore from Torchiara dated 31 October 1528: Gussago, p. 34. In 1534 he was at Montecassino,Gussago, pp. 26-28. Isidore wrote to Abbot Ambrogio of Florence on 15 August 1534 from Rome that he had been to Montecassino, where he greatly enjoyed their collection of books. and in c.
The next test began with trials by a military commission that led to the landmark U.S. Supreme Court case known as Ex parte Milligan. On September 17, 1864, General Alvin Peterson Hovey, commander of the Military District of Indiana, authorized a military commission to meet on September 19 at Indianapolis, Indiana, to begin trials of Harrison H. Dodd, "grand commander" of the Sons of Liberty in Indiana, and others placed under military arrest. These prisoners included Democrats Lambdin P. Milligan, a lawyer living in Huntington, Indiana, and an outspoken critic of President Lincoln and Indiana's Republican governor Oliver P. Morton; Joseph J. Bingham, editor of the Indianapolis Daily Sentinel and chairman of Indiana's Democratic State Central Committee; William A. Bowles of French Lick, Indiana; William M. Harrison, secretary of the Democratic Club of Marion County, Indiana; Horace Heffren, editor of the Washington (Indiana) Democrat; Stephen Horsey of Martin County, Indiana; and Andrew Humphreys of Bloomfield, Indiana.Nolan, pp. 37–38, Klement, Dark Lanterns, p. 130, and Harrison was arrested on August 20, 1864; Dodd, on September 3; Bowles, around September 17; and Milligan, Bingham, Heffren, Horsey and Humphreys, between October 5 and October 7.
Lincoln's suspension of habeas corpus in Maryland had already been declared unconstitutional by U.S. Supreme Court Chief Justice Roger Taney (Howard's great-uncle by marriage) in Ex parte Merryman, but Lincoln had ignored the federal court ruling. Howard was initially confined to Fort McHenry, the same fort his grandfather Francis Scott Key saw withstand a British bombardment during the War of 1812, which inspired him to write The Star Spangled Banner, which would become the national anthem of the United States of America. He was then transferred first to Fort Lafayette in Lower New York Bay off the coast of Brooklyn, then Fort Warren in Boston. He wrote a book on his experiences as a political prisoner completed in December 1862 and published in 1863 titled Fourteen Months in American Bastiles,Marshall, John A., American Bastille: A history of the illegal arrests and imprisonment of American citizens during the late Civil War (Civil liberties in American history) American Bastille (Civil liberties in American history) by John A. Marshall Publisher: Da Capo Press Inc; 4th edition (November 30, 1970) Language: English two of the publishers selling the book were then arrested.
The system provides for automatic contention resolution between itself and other stations, and communications integrity is maintained even in overload situations. In order to ensure that the VHF transmissions of different transceivers do not occur at the same time, the signals are time multiplexed using a technology called self-organized time-division multiple access (SOTDMA). The design of this technology is patented, and whether this patent has been waived for use by SOLAS vessels is a matter of debate between the manufacturers of AIS systems and the patent holder, Håkan Lans. Moreover, the United States Patent and Trademark Office (USPTO) canceled all claims in the original patent on March 30, 2010.USPTO ex-parte reexamination certificate (7428th), issued on March 30, 2010 In order to make the most efficient use of the bandwidth available, vessels that are anchored or moving slowly transmit less frequently than those that are moving faster or are maneuvering. The update rate ranges from 3 minutes for anchored or moored vessels, to 2 seconds for fast moving or maneuvering vessels, the latter being similar to that of conventional marine radar.
It was noted that the law was disproportionate to the currency and coins power (section 51(xii)), and that it was an inappropriate means to achieving the end. (Proportionality may be examined by testing if the law is appropriate and adapted to some means.) Dawson J noted that the test of whether the measures in a law are appropriate and necessary to achieve certain objectives, while used in Europe, was irrelevant for the Australian Constitution; "[t]hey are essentially political rather than judicial considerations". Re Dingjan; Ex parte Wagner described the process by which it is determined whether a law is "with respect to" a section 51 head of power: # By reference to the rights, powers, liabilities, duties and privileges which it creates (Commonwealth v Tasmania) # A judgment as to the connection of this characterisation to the head of power Thus, the connection involves some kind of degree, but once it has been established, it does not matter whether the law is appropriate for its aims. However, proportionality may be relevant, and a law not invalid, if an immunity conferred by a limitation of a power is affected incidentally by the achievement of a legitimate end.
The legal concept of proportionality is recognised one of the general principles of European Union law by the European Court of Justice since the 1950s. It was first recognised by the European Court of Justice in Federation Charbonniere de Belgique v High Authority [1954] ECR 245 Case C8/55 and in Internationale Handelsgesellschaft v Einfuhr- und Vorratsstelle Getreide [1970] ECR 1125 Case 11/70 the European Advocate General provided an early formulation of the general principle of proportionality in stating that "the individual should not have his freedom of action limited beyond the degree necessary in the public interest". The general concept of proportionality has since been further developed, notably in R v Minister of Agriculture, Fisheries and Food ex parte Fedesa [1990] ECR 1–4023 Case C-331/88 in which a European directive prohibiting the use of certain hormonal substances in livestock farming was challenged. In its ruling the European Court of Justice held that by virtue of the general principle of proportionality the lawfulness of the Directive depended on whether it was appropriate and necessary to achieve the objectives legitimately pursued by the law in question.
The decision of an administrative body is subject to judicial review if it took into account irrelevant considerations. If, in the exercise of its discretion on a public duty, the body takes into account considerations which the courts consider not to be proper, then in the eyes of the law it has not exercised its discretion legally.. Michael Howard, the United Kingdom Home Secretary whom the House of Lords found had taken into account an irrelevant consideration when determining the period for which two young murderers should be detained at Her Majesty's pleasure In the United Kingdom, a seminal case applying this principle is R. v. Secretary of State for the Home Department, ex parte Venables (1997).. In this case, the Home Secretary had taken into account public opinion when deciding upon the tariff of 15 years for holding in custody two boys detained at Her Majesty's pleasure for having murdered James Bulger, a two-year-old child, when they were both ten years old. Lord Steyn held that the public petitions considered were worthless and incapable of informing the Home Secretary in a meaningful way of the true state of public opinion in respect of the tariff.
The Court (in ex parte Matovu) concluded that the Kelsenian principle was equally applicable in the case of Uganda and held that the 1966 Constitution was thus valid because it was the product of a successful revolution which had led to a new legal order, ousting that of the 1962 Constitution. ″Applying the Kelsenian principles, which incidentally form the basis of the judgment of the Supreme Court of Pakistan in the above case, our deliberate and considered view is that the 1966 Constitution is a legally valid constitution and the supreme law of Uganda; and that the 1962 Constitution having been abolished as a result of a victorious revolution in law does no longer exist nor does it now form part of the Laws of Uganda, it having been deprived of its de facto and de jure validity. The 1966 Constitution, we hold, is a new legal order and has been effective since April 14, 1966, when it first came into force.″ The Court also accepted various affidavits of key government officials as sufficiently demonstrative of the acceptance by the people, of the new legal order and hence equally demonstrative of its efficacy.
Fulk attended the King's court in Westminster in October 1229:Eyton, Antiquities of Shropshire, VII, 66-83, citing 'Carta concessa David filio Lewelini, nepoti Regis', in Rymer, Foedera, I Part 1, p. 196 (Hathi Trust). he received a writ of protection during absence upon foreign service in April 1230, and was required to supply one knight for foreign service in aid of the "Earl of Bretaigne" in May 1234.Eyton, Antiquities of Shropshire, VII, 66-83, citing 'De auxilio comiti Brittanniae ferendo', in Rymer, Foedera, I Part 1, p. 212 (Hathi Trust). In July 1236 he was appointed one of the Arbitrators (for North Wales) of the truce between King Henry and Llywelyn, as William FitzWarin was among those for South Wales.Eyton, Antiquities of Shropshire, VII, 66-83, citing 'De treugis ex parte Lewelini', in Rymer, Foedera, I Part 1, p. 230 (Hathi Trust). In March 1238 he was among the powerful men summoned by the King to Oxford, to deliberate upon Llywelyn's action in causing his son Dafydd to receive homage from the magnates of Gwynedd and Powys.Eyton, Antiquities of Shropshire, VII, 66-83, citing 'De treugis Walliae', in Rymer, Foedera, I Part 1, p.
In the event of the principal debtor's bankruptcy, the surety can in England act against the bankrupt's estate, not only in respect of payments made before the bankruptcy of the principal debtor, but also, it seems, in respect of the contingent liability to pay under the guarantee.See Ex parte Delmar re Herepath, 38 W.R. 752 (1889) If the creditor has already acted, the surety who has paid the guaranteed debt has a right to all dividends received by the creditor from the bankrupt in respect to the guaranteed debt, and to stand in the creditor's place as to future dividends.This right is, however, often waived by the guarantee stipulating that, until the creditor has received full payment of all sums over and above the guaranteed debt, due to him from the principal debtor, the surety shall not participate in any dividends distributed from the bankrupt's estate amongst his creditors. The rights of the surety against the creditor are in England exercisable even by one who in the first instance was a principal debtor, but has since become a surety, by arrangement with his creditor.
Examples of per incuriam are uncommon, partly because the device is perceived by upper courts as a type of lèse-majesté, and respectful lower courts prefer to distinguish such precedent cases if possible. The Court of Appeal in Morelle Ltd v Wakeling [1955] 2 QB 379 stated that as a general rule the only cases in which decisions should be held to have been given per incuriam are those of decisions given in ignorance or forgetfulness of some inconsistent statutory provision or of some authority binding on the court concerned: so that in such cases some part of the decision or some step in the reasoning on which it is based is found, on that account, to be demonstrably wrong. In R v Northumberland Compensation Appeal Tribunal ex parte Shaw [1951] 1 All ER 268, a divisional court of the King's Bench division declined to follow a Court of Appeal decision on the ground that the decision had been reached per incuriam for failure to cite a relevant House of Lords decision. Some academic critics have suggested that Re Polemis 1921 Re Polemis & Furness, Withy & Co Ltd (1921) 3 KB 560 was decided per incuriam as it did not rely upon the earlier decision in Hadley v Baxendale 1854.

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