STATE COURT ADMINISTRATORS 1997 Annual Meeting
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Lord Chief Justice Delegation of Statutory Functions
Delegation of Statutory Functions Lord Chief Justice – Delegation of Statutory Functions Introduction The Lord Chief Justice has a number of statutory functions, the exercise of which may be delegated to a nominated judicial office holder (as defined by section 109(4) of the Constitutional Reform Act 2005 (the 2005 Act). This document sets out which judicial office holder has been nominated to exercise specific delegable statutory functions. Section 109(4) of the 2005 Act defines a judicial office holder as either a senior judge or holder of an office listed in schedule 14 to that Act. A senior judge, as defined by s109(5) of the 2005 Act refers to the following: the Master of the Rolls; President of the Queen's Bench Division; President of the Family Division; Chancellor of the High Court; Senior President of Tribunals; Lord or Lady Justice of Appeal; or a puisne judge of the High Court. Only the nominated judicial office holder to whom a function is delegated may exercise it. Exercise of the delegated functions cannot be sub- delegated. The nominated judicial office holder may however seek the advice and support of others in the exercise of the delegated functions. Where delegations are referred to as being delegated prospectively1, the delegation takes effect when the substantive statutory provision enters into force. The schedule is correct as at 12 May 2015.2 The delegations are currently subject to review by the Lord Chief Justice and a revised schedule will be published later in 2015. 1 See Interpretation Act 1978, section 13. 2 The LCJ has on three occasions suspended various delegations in order to make specific Practice Directions. -
GUAM RULES of APPELLATE PROCEDURE (As of February 24, 2014)
SUPREME COURT OF GUAM 1 GUAM RULES OF APPELLATE PROCEDURE (as of February 24, 2014) 1 Adopted by the Supreme Court of Guam pursuant to Promulgation Order No. 07-003-01 (Feb. 21, 2007). Amended pursuant to Promulgation Order No. 07-003-06 (Feb. 24, 2014). Please see “SOURCE” to each rule for any amendment that may have occurred to said rule. COL2242014 TABLE OF CONTENTS APPLICABILITY OF RULES Page Rule 1 -- Effective Date of Rules, Scope and Practice. 1 Rule 2 -- Suspension of Rules. 1 APPEALS FROM JUDGMENTS AND ORDERS OF THE SUPERIOR COURT Rule 3 -- Appeals, Notice. 1 (a) Filing the Notice of Appeal. (b) Joint or Consolidated Appeals. (c) Content of the Notice of Appeal. (d) Criminal Appeals. (e) Denomination of Parties. (1) Appeals. (2) Cross-Appeals. (3) Privacy and Confidentiality. (f) Service of the Notice of Appeal. Rule 4 -- Appeals, Timing . 4 (a) Appeal in a Civil Case. (1) Time for Filing a Notice of Appeal. (2) Filing before Entry of Judgment. (3) Multiple Appeals. (4) Effect of a Motion on a Notice of Appeal. (5) Motion for Extension of Time. (6) Reopening the Time to File an Appeal. (7) Entry Defined. (b) Appeal in a Criminal Case. (1) Time for Filing a Notice of Appeal. (2) Filing before Entry of Judgment. (3) Effect of a Motion on a Notice of Appeal. (4) Motion for Extension of Time. (5) Jurisdiction. (6) Entry Defined. (c) Appeal by an Inmate Confined in an Institution. (d) Mistaken Filing in the Court of Appeals. Rule 4.1 -- Statement of Jurisdiction. -
50 State Survey(Longdoc)
AGREEMENTS TO INDEMNIFY & GENERAL LIABILITY INSURANCE: A Fifty State Survey WEINBERG WHEELER H U D G I N S G U N N & D I A L TABLE OF CONTENTS Introduction 1 Alabama 4 Alaska 7 Arizona 12 Arkansas 15 California 19 Damages arising out of bodily injury or death to persons. 22 Damage to property. 22 Any other damage or expense arising under either (a) or (b). 22 Colorado 23 Connecticut 26 Delaware 29 Florida 32 Georgia 36 Hawaii 42 Idaho 45 Illinois 47 Indiana 52 Iowa 59 Kansas 65 Kentucky 68 Louisiana 69 Maine 72 Maryland 77 Massachusetts 81 Michigan 89 Minnesota 91 Mississippi 94 Missouri 97 Montana 100 Nebraska 104 Nevada 107 New Hampshire 109 New Jersey 111 New Mexico 115 New York 118 North Carolina 122 North Dakota 124 Ohio 126 Oklahoma 130 Oregon 132 Pennsylvania 139 Rhode Island 143 South Carolina 146 South Dakota 150 Tennessee 153 Texas 157 Utah 161 Vermont 165 Virginia 168 Washington 171 West Virginia 175 Wisconsin 177 Wyoming 180 INTRODUCTION Indemnity is compensation given to make another whole from a loss already sustained. It generally contemplates reimbursement by one person or entity of the entire amount of the loss or damage sustained by another. Indemnity takes two forms – common law and contractual. While this survey is limited to contractual indemnity, it is important to note that many states have looked to the law relating to common law indemnity in developing that state’s jurisprudence respecting contractual indemnity. Common law indemnity is the shifting of responsibility for damage or injury from one tortfeasor to another -
Dissolving and Winding Down the Kentucky Business Entity
DISSOLVING AND WINDING DOWN THE KENTUCKY BUSINESS ENTITY Sponsor: Business Law Section CLE Credit: 1.0 Wednesday, June 21, 2017 10:40 a.m. - 11:40 a.m. East Ballroom A-B Owensboro Convention Center Owensboro, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenters ................................................................................................................. i Dissolution of a Limited Liability Company ...................................................................... 1 Introduction ......................................................................................................... -
The Joint Inspection of the Devon and Cornwall Criminal Justice Area
THE JOINT INSPECTION cpsi OF THE H M Crown Prosecution Service Inspectorate DEVON AND CORNWALL CRIMINAL JUSTICE AREA ON-SITE SEPTEMBER 2006 FEBRUARY 2007 HM Inspectorate of Court Administration THE JOINT INSPECTION cpsi OF THE H M Crown Prosecution Service Inspectorate DEVON AND CORNWALL CRIMINAL JUSTICE AREA ON-SITE SEPTEMBER 2006 FEBRUARY 2007 HM Inspectorate of Court Administration THE JOINT INSPECTION OF THE DEVON AND CORNWALL CRIMINAL JUSTICE AREA ON-SITE SEPTEMBER 2006 FEBRUARY 2007 The Joint Inspection Report on the Devon and Cornwall Criminal Justice Area The Joint Inspection Report on the Devon and Cornwall Criminal Justice Area CONTENTS Preface 1. Introduction . .1 Devon, Cornwall and the Isle of Scilly . 1 Devon and Cornwall Criminal Justice Board. 1 Scope of inspection . 2 Methodology . 2 Structure of the report. 3 2. Executive Summary . .5 Overview. 5 Public confidence and community engagement . 6 Bringing offenders to justice . 6 Reducing ineffective trials. 7 The treatment of victims and witnesses. 8 The treatment of defendants . 8 The enforcement of community sentences . 8 Key performance results. 9 3. The governance and structure of the Devon and Cornwall Criminal Justice Board . 13 Overview. 13 Governance. 13 Structure . 15 Strategic plan and direction . 16 Accountability . 16 The criminal justice office. 18 4. Improving public confidence and community engagement . 19 Overview. 19 Improving public confidence. 19 Equality and diversity . 20 Strategic partnerships . 21 5. Bringing offenders to justice. .23 Overview. 23 Offences brought to justice . 23 Pre-charge advice and decision-making scheme . 25 The structure of the statutory charging scheme . 25 The operation of the scheme . -
No Justice in Utah's Justice Courts: Constitutional Issues, Systemic Problems, and the Failure to Protect Defendants in Utah's Infamous Local Courts Samuel P
Utah OnLaw: The Utah Law Review Online Supplement Volume 2012 Article 2 2012 No Justice in Utah's Justice Courts: Constitutional Issues, Systemic Problems, and the Failure to Protect Defendants in Utah's Infamous Local Courts Samuel P. Newton Teresa L. Welch Neal G. Hamilton Follow this and additional works at: https://dc.law.utah.edu/onlaw Part of the Courts Commons, Judges Commons, and the Jurisprudence Commons Recommended Citation Newton, Samuel P.; Welch, Teresa L.; and Hamilton, Neal G. (2012) "No Justice in Utah's Justice Courts: Constitutional Issues, Systemic Problems, and the Failure to Protect Defendants in Utah's Infamous Local Courts," Utah OnLaw: The Utah Law Review Online Supplement: Vol. 2012 , Article 2. Available at: https://dc.law.utah.edu/onlaw/vol2012/iss1/2 This Article is brought to you for free and open access by Utah Law Digital Commons. It has been accepted for inclusion in Utah OnLaw: The tU ah Law Review Online Supplement by an authorized editor of Utah Law Digital Commons. For more information, please contact [email protected]. NO JUSTICE IN UTAH’S JUSTICE COURTS: CONSTITUTIONAL ISSUES, SYSTEMIC PROBLEMS, AND THE FAILURE TO PROTECT † DEFENDANTS IN UTAH’S INFAMOUS LOCAL COURTS Samuel P. Newton,* Teresa L. Welch,** & Neal G. Hamilton*** [T]here’ll be no Justice of the Peace for you; just a big piece of justice.1 INTRODUCTION Justice courts2 could be called the most loved and hated court in the judicial system. The justices of the peace who preside over the courts are equally polarizing figures. The courts have been called “a powerful, multifaceted, local legal institution”3 which “helped design and weave together the social, economic, and political fabric”4 of American society. -
The Judiciary of Guam Fiscal Year 2017 a Citizen - Centric Report Website
The Judiciary of Guam Fiscal Year 2017 A Citizen - Centric Report Website: www.guamcourts.org TABLE OF CONTENTS About Us 1 Our Performance 2 Vision Our Finances 3 e Judiciary will Our Outlook 4 provide the highest quality of judicial services, thus enhanc- ing public trust and condence in Guam’s Mission independent and e Judiciary administers justice by co-equal branch of interpreting and upholding the government and laws, resolving disputes in a timely becoming the model manner and providing accessible, of governmental ecient and eective court excellence. services. The Supreme Court of Guam (L-R) Justice F. Phillip Carbullido, Chief Justice Katherine A. Maraman and Justice Robert J. Torres. About Us e Judiciary of Guam is the third branch of the Government of Guam that is charged with interpreting the laws of the U.S. Territory of Guam. e Judiciary is comprised of the Superior Court of Guam and the Supreme Court of Guam of which both the trial and appellate courts provide for the selement of disputes between parties and protects the rights of individuals as mandated in the Organic Act of Guam and the Constitution of the United States of America. e Judicial Council of Guam is the governing body of the Judiciary of Guam. Pursuant to law, it is composed of all full-time Justices of the Supreme Court, the Presiding Judge of the Superior Court, and an appointed Superior Court Judge. e current compo- sition of the Judicial Council was created in 2003, and in 2004, aer an amendment to the Organic Act of Guam eectuated by the United States Congress in Public Law 108-378, the The Superior Court of Guam (L-R) Family Court Referee Linda L. -
Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit ______PETITION for a WRIT of CERTIORARI ______SCOTT L
No. ______ In the Supreme Court of the United States __________________ GIANINNA GALLARDO, AN INCAPACITATED PERSON, BY AND THROUGH HER PARENTS AND CO-GUARDIANS PILAR VASSALLO AND WALTER GALLARDO, Petitioner, v. SIMONE MARSTILLER, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. __________________ On Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit __________________ PETITION FOR A WRIT OF CERTIORARI __________________ SCOTT L. NELSON BRYAN S. GOWDY PUBLIC CITIZEN LITIGATION Counsel of Record GROUP MEREDITH A. ROSS 1600 20th Street NW CREED & GOWDY, P.A. Washington, DC 20009 865 May Street (202) 588-1000 Jacksonville, FL 32204 (904) 350-0075 FLOYD FAGLIE [email protected] STAUNTON & FAGLIE, PL 189 E. Walnut Street Monticello, FL 32344 (850) 997-6300 Counsel for Petitioner March 9, 2021 Becker Gallagher · Cincinnati, OH · Washington, D.C. · 800.890.5001 i QUESTION PRESENTED Whether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses. ii PARTIES TO THE PROCEEDINGS Petitioner Gianinna Gallardo, an incapacitated person, by and through her parents and co- Guardians Pilar Vassallo and Walter Gallardo, was the plaintiff-appellee below. Respondent Simone Marstiller is, in her official capacity, the current Secretary of the Florida Agency for Healthcare Administration. Her predecessors (Mary Mayhew, Justin Senior, and Elizabeth Dudek) were—during their respective tenures and in their official capacities as Secretaries of the Florida Agency for Health Care Administration—previously named as the defendant-appellant below. -