A Guide to the Federal Magistrate Judges System
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Basic Adjudication Guidelines
Basic Adjudication Guidelines These materials are provided for general informational purposes only and do not, and are not intended to, constitute legal advice. You should consult your own legal counsel concerning your particular facts and circumstances and any specific legal questions you may have regarding the issues addressed in these materials. As an independent business owner, you remain solely responsible for recruiting, hiring, training, scheduling, supervising and paying the persons who work in your store and those persons are your employees, and not employees of Domino’s Pizza LLC. By providing these materials, we do not assume any of your responsibilities or duties. You may use these materials, or not, at your discretion. Adjudication Results Client must set results to Does Not Meet after HireRight review Adjudication Results Explanation MEETS COMPANY The applicant’s background check results do not trigger any of the defined STANDARDS (MEETS adjudication criteria, allowing the hiring process to continue for the candidate. COMPANY STANDARDS) The applicant’s background check results have triggered some questions. Please PENDING/ Pending Potential review the report details and make the appropriate employment decision. Conflict Does Not Meet Company Once the client sets a report to “Does Not Meet Company Standards”, The FCRA Standards pre-adverse/adverse letter process should start. Social Security Trace (SSN) Item # Description Recommended Adjudication Status 1 Valid SSN Trace Meets Company standards 2 No data or invalid trace Pending 3 No data age 21 and older Pending 4 No DOB available and No data Pending 5 No data under 21 Meets Company Standards SSN Validation Item # Description Recommended Adjudication Status 1 SSN has not been issued Pending 2 SSN belongs to deceased individual. -
Flash Reports on Labour Law January 2017 Summary and Country Reports
Flash Report 01/2017 Flash Reports on Labour Law January 2017 Summary and country reports EUROPEAN COMMISSION Directorate DG Employment, Social Affairs and Inclusion Unit B.2 – Working Conditions Flash Report 01/2017 Europe Direct is a service to help you find answers to your questions about the European Union. Freephone number (*): 00 800 6 7 8 9 10 11 (*) The information given is free, as are most calls (though some operators, phone boxes or hotels may charge you). LEGAL NOTICE This document has been prepared for the European Commission however it reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein. More information on the European Union is available on the Internet (http://www.europa.eu). Luxembourg: Publications Office of the European Union, 2017 ISBN ABC 12345678 DOI 987654321 © European Union, 2017 Reproduction is authorised provided the source is acknowledged. Flash Report 01/2017 Country Labour Law Experts Austria Martin Risak Daniela Kroemer Belgium Wilfried Rauws Bulgaria Krassimira Sredkova Croatia Ivana Grgurev Cyprus Nicos Trimikliniotis Czech Republic Nataša Randlová Denmark Natalie Videbaek Munkholm Estonia Gaabriel Tavits Finland Matleena Engblom France Francis Kessler Germany Bernd Waas Greece Costas Papadimitriou Hungary Gyorgy Kiss Ireland Anthony Kerr Italy Edoardo Ales Latvia Kristine Dupate Lithuania Tomas Davulis Luxemburg Jean-Luc Putz Malta Lorna Mifsud Cachia Netherlands Barend Barentsen Poland Leszek Mitrus Portugal José João Abrantes Rita Canas da Silva Romania Raluca Dimitriu Slovakia Robert Schronk Slovenia Polonca Končar Spain Joaquín García-Murcia Iván Antonio Rodríguez Cardo Sweden Andreas Inghammar United Kingdom Catherine Barnard Iceland Inga Björg Hjaltadóttir Liechtenstein Wolfgang Portmann Norway Helga Aune Lill Egeland Flash Report 01/2017 Table of Contents Executive Summary .............................................. -
Presiding Judge in Superior Court District and Limited Jurisdiction Court District
GR 29 PRESIDING JUDGE IN SUPERIOR COURT DISTRICT AND LIMITED JURISDICTION COURT DISTRICT (a) Election, Term, Vacancies, Removal and Selection Criteria--Multiple Judge Courts. (1) Election . Each superior court district and each limited jurisdiction court district (including municipalities operating municipal courts) having more than one judge shall establish a procedure, by local court rule, for election, by the judges of the district, of a Presiding Judge, who shall supervise the judicial business of the district. In the same manner, the judges shall elect an Assistant Presiding Judge of the district who shall serve as Acting Presiding Judge during the absence or upon the request of the Presiding Judge and who shall perform such further duties as the Presiding Judge, the Executive Committee, if any, or the majority of the judges shall direct. If the judges of a district fail or refuse to elect a Presiding Judge, the Supreme Court shall appoint the Presiding Judge and Assistant Presiding Judge. (2) Term . The Presiding Judge shall be elected for a term of not less than two years, subject to reelection. The term of the Presiding Judge shall commence on January 1 of the year in which the Presiding Judge’s term begins. (3) Vacancies . Interim vacancies of the office of Presiding Judge or Acting Presiding Judge shall be filled as provided in the local court rule in (a)(1). (4) Removal . The Presiding Judge may be removed by a majority vote of the judges of the district unless otherwise provided by local court rule. (5) Selection Criteria . Selection of a Presiding Judge should be based on the judge’s 1) management and administrative ability, 2) interest in serving in the position, 3) experience and familiarity with a variety of trial court assignments, and 4) ability to motivate and educate other judicial officers and court personnel. -
Civil Liability for False Affidavits
CIVIL LIABILITY FOR FALSE not recklessly disregarded the truth. The AFFIDAVITS purpose of this article is to discuss the liability that a law enforcement officer Bryan R. Lemons may incur in such a situation. Part I of the Acting Division Chief article discusses the mechanisms through which civil rights lawsuits are generally “Reasonable minds frequently may brought against state and federal law differ on the question whether a particular enforcement officers. Part II generally affidavit establishes probable cause,”1 and discusses the concept of “qualified “great deference” is to be given to immunity.” And Part III discusses the magistrate’s determination of the matter.2 requirements for holding a law Generally, a law enforcement officer is not enforcement officer liable for submitting expected to question a probable cause an affidavit with false or misleading determination made by a magistrate information in it. judge.3 Instead, BACKGROUND a magistrate’s determination of probable The primary federal statute under cause is to be given which lawsuits are filed against state and considerable weight and local law enforcement officers for violating a person’s constitutional rights is should be overruled only 5 when the supporting Title 42 U.S.C. Section 1983. This affidavit, read as a whole in statute was directed at state officials who a realistic and common used the authority granted them to deprive sense manner, does not newly freed slaves of constitutional rights. allege specific facts and The purpose of the statute “is to deter state circumstances from which actors from using their authority to deprive the magistrate could individuals of their federally guaranteed rights and to provide relief to victims if reasonably conclude that 6 the items sought to be such deterrence fails.” While section seized are associated with 1983 may be used to sue state actors the crime and located in the acting under color of state law, it may not place indicated.4 be used against the federal government or However, a plaintiff may challenge 5 Title 42 U.S.C. -
Middle School and High School Lesson Plan on the Sixth Amendment
AMERICAN CONSTITUTION SOCIETY (ACS) CONSTITUTION IN THE CLASSROOM SIXTH AMENDMENT RIGHT TO COUNSEL MIDDLE & HIGH SCHOOL CURRICULUM — SPRING 2013 Lesson Plan Overview Note: times are approximate. You may or may not be able to complete within the class period. Be flexible and plan ahead — know which activities to shorten/skip if you are running short on time and have extra activities planned in case you move through the curriculum too quickly. 1. Introduction & Background (3-5 min.) .................................................. 1 2. Hypo 1: The Case of Jasper Madison (10-15 min.) ................................ 1 3. Pre-Quiz (3-5 min.) ................................................................................. 3 4. Sixth Amendment Text & Explanation (5 min.) ..................................... 4 5. Class Debate (20 min.) ........................................................................... 5 6. Wrap-up/Review (5 min.)....................................................................... 6 Handouts: Handout 1: State v. Jasper Madison ........................................................... 7 Handout 2: Sixth Amendment of the United States Constitution .............. 8 Handout 3: Franklin Adams’s Disciplinary Hearing ..................................... 9 Handout 4: The Case of Gerald Gault ....................................................... 10 Before the lesson: Ask the teacher if there is a seating chart available. Also ask what the students already know about the Constitution as this will affect the lesson -
How to Prepare for an Adjudication - Tactics, Strategies, Planning and Panic
HOW TO PREPARE FOR AN ADJUDICATION - TACTICS, STRATEGIES, PLANNING AND PANIC Karen Groulx, Partner Dentons Canada LLP 77 King Street West, Suite 400 Toronto-Dominion Centre Toronto, ON M5K 0A1 42165803_2|NATDOCS How to Prepare for an Adjudication – Tactics, Strategies, Planning and Panic Construction dispute interim adjudication has been introduced in the new Construction Act1 and will apply as of October 1, 2019 to all public and private sector construction contracts entered into on or after October 1, 2019, except with respect to those contracts or subcontracts that were the subject of a procurement process relating to the improvement at issue prior to October 1, 2019. (A procurement process is commenced at the earliest of the making of a request for qualifications, request for quotation, request for proposals, or a call for tenders.2 )The Act provides for adjudication as a cost effective, flexible, and swift means of enforcing the prompt payment regime set out in the Act, which will take effect as of the same date as interim adjudication. Parties to a construction contact or subcontract will not be able to contract out of the prompt payment or adjudication provisions set out in the Act. The UK Experience As noted in the report entitled Striking the Balance: An Expert Review of Ontario’s Construction Lien Act3 which led to the introduction of prompt payment and adjudication through amendments made to the Act, the phrase “pay now, argue later” has been used to describe adjudication under the Construction Act (UK).4 This description is equally applicable to adjudication under the new Act. -
Representing Yourself and Your Business in Magistrate Court
REPRESENTING YOURSELF AND YOUR BUSINESS IN MAGISTRATE COURT I. INTRODUCTION Business is rife with conflict. To succeed, a business owner must be adept at resolving these disputes quickly and efficiently. Sometimes, more that a simple phone call, refund or apology is needed. Some disputes must be resolved in court. The American civil judicial system is designed to resolve disputes. Although the process works well, it is expensive and time consuming, sometimes taking several years and costing tens or even hundreds of thousands of dollars. For many smaller disputes, the time and cost associated with a traditional lawsuit makes litigation in these forums impractical. Mediation or arbitration are sometimes good options, but only if your adversary is of a similar mindset. There is an alternative. Georgia’s Magistrate Court is a court of limited jurisdiction, hearing civil claims involving disputes of $15,000 and less. It is often described as “Small Claims Court.” With the right judge, it might be more aptly called a “Court of Common Sense.” The rules of procedure and evidence are relaxed. There is no jury. In the State and Superior Courts of Georgia, a corporation must by law be represented by an attorney. This is not true for Magistrate Court, where a business may be represented by an employee or owner. In short, Magistrate Court provides a forum in which it is often possible to secure justice quickly and inexpensively for smaller disputes. The purpose of this article is to provide a basic roadmap for representing yourself and your business successfully in Magistrate Court. II. PROS AND CONS There are advantages and disadvantages to trying your case in Magistrate Court as opposed to the slower and more expensive State and Superior Courts of Georgia. -
Report of the Working Group on Judiciary Law §470
REPORT OF THE NYSBA WORKING GROUP ON JUDICIARY LAW §470 Background Judiciary Law §470 provides: A person, regularly admitted to practice as an attorney and counsellor, in the courts of record of this state, whose office for the transaction of law business is within the state, may practice as such attorney or counsellor, although he resides in an adjoining state. In 2009, Ekaterina Schoenefeld, an attorney licensed to practice in New York, but residing in New Jersey and having an office only in New Jersey, commenced an action in federal court in the Northern District of New York to challenge Judiciary Law §470 under the United States Constitution. In 2011, the District Court found §470 unconstitutional under the Privileges and Immunities Clause.1 The Attorney General appealed the decision to the Second Circuit, and the Second Circuit certified the question of what constituted an office within the state to the New York Court of Appeals.2 The Court of Appeals accepted the certification3 and, interpreting the statute for the first time, held that §470 “requires nonresident attorneys to maintain a physical office in New York.”4 In its opinion, the Court of Appeals recognized that the State “does have an interest in ensuring that personal service can be accomplished on nonresident attorneys admitted to practice here.” However, the Court acknowledged that currently “there would appear to be adequate measures in place relating to service on nonresident attorneys” under the CPLR and its own Court rules and that the Legislature could take additional action if necessary. On June 30, 2015, while the appeal was pending before the Second Circuit, then NYSBA President David Miranda appointed the Working Group to address the issue of the requirements on non-resident attorneys to practice in New York and to make a recommendation once the Second Circuit determined the issue of the statute’s constitutionality. -
The Magistrate Court in New Mexico
The Magistrate Court In New Mexico Magistrate Courts: There are 41 magistrate courts, 8 circuit (satellite) courts and 66 magistrate judges in the New Mexico state judicial system. These are courts of limited jurisdiction. They may hold jury trials. Magistrate courts will hear the following case types: traffic violations including DWI/DUI; misdemeanors; civil issues from $0-$10,000; felony preliminary hearings; and county and city ordinance violations. The State Magistrate Court System The magistrate court system was adopted by a state constitutional amendment in 1966 following an eight year study of the court system.1 The magistrate court system replaced the justice of the peace courts. Magistrate judges are elected officials who serve a four-year term.2 They operate under the direction and control of the New Mexico Supreme Court, with the Administrative Office of the Courts providing administrative support.3 The magistrate court is a full-time court of limited jurisdiction and has jurisdiction over matters only as provided by law.4 Magistrate courts are not courts of record, which means the court is not required to keep a record of trial proceedings (i.e., a recorded transcript of the trial).5 Parties aggrieved by any judgement of the magistrate court may appeal to district court within fifteen days after the judgement is rendered to request a trial de novo (new trial).6 Case Types Heard in Magistrate Court Traffic Offense: a violation of the New Mexico Motor Vehicle Code article 66. Petty Misdemeanor: an offense which carries a possible fine up to $500 and/or up to six months imprisonment. -
The Role of Lawyers in Producing the Rule of Law: Some Critical Reflections*
The Role of Lawyers in Producing the Rule of Law: Some Critical Reflections* Robert W Gordon** INTRODUCTION For the last fifteen years, American and European governments, lending institutions led by the World Bank, and NGOs like the American Bar Association have been funding projects to promote the "Rule of Law" in developing countries, former Communist and military dictatorships, and China. The Rule of Law is of course a very capacious concept, which means many different things to its different promoters. Anyone who sets out to investigate its content will soon find himself in a snowstorm of competing definitions. Its barebones content ("formal legality") is that of a regime of rules, announced in advance, which are predictably and effectively applied to all they address, including the rulers who promulgate them - formal rules that tell people how the state will deploy coercive force and enable them to plan their affairs accordingly. The slightly-more-than barebones version adds: "applied equally to everyone."' This minimalist version of the Rule of Law, which we might call pure positivist legalism, is not, however, what the governments, multilateral * This Article is based on the second Annual Cegla Lecture on Legal Theory, delivered at Tel Aviv University Faculty of Law on April 23, 2009. ** Chancellor Kent Professor of Law and Legal History, Yale University. I am indebted to the University of Tel Aviv faculty for their generous hospitality and helpful comments, and especially to Assaf Likhovski, Roy Kreitner, Ron Harris, Hanoch Dagan, Daphna Hacker, David Schorr, Daphne Barak-Erez and Michael Zakim. 1 See generallyBRIAN TAMANAHA, ON THE RULE OF LAW: HISTORY, POLITICS, THEORY 26-91 (2004) (providing a lucid inventory of the various common meanings of the phrase). -
Equity in the American Courts and in the World Court: Does the End Justify the Means?
EQUITY IN THE AMERICAN COURTS AND IN THE WORLD COURT: DOES THE END JUSTIFY THE MEANS? I. INTRODUCTION Equity, as a legal concept, has enjoyed sustained acceptance by lawyers throughout history. It has been present in the law of ancient civilizations' and continues to exist in modem legal systems.2 But equity is no longer a concept confined exclusively to local or national adjudication. Today, equity shows itself to be a vital part of international law.' The International Court of Justice--"the most visible, and perhaps hegemonic, tribunal in the sphere of public international law" 4-has made a significant contribution to the delimitation,5 development of equity. Particularly in cases involving maritime 6 equity has frequently been applied by the Court to adjudicate disputes. Equity is prominent in national legal systems and has become increas- ingly important in international law. It is useful, perhaps essential, for the international lawyer to have a proper understanding of it. Yet the meaning of equity remains elusive. "A lawyer asked to define 'equity' will not have an easy time of it; the defimition of equity, let alone the term's application in the field of international law, is notoriously uncertain, though its use is rife."7 Through a comparative analysis, this note seeks to provide a more precise understanding of the legal concept of equity as it relates to two distinct systems oflaw: the American and the international. To compare the equity administered by the American courts with that administered by the World Court, this note 1. See sources cited infra notes 10, 22. -
How to Prepare for an Adjudication Tactics, Strategies, Planning and Panic
How to prepare for an adjudication Tactics, strategies, planning and panic By: Karen Groulx, Partner Introduction On October 1, 2019, the construction dispute adjudication provisions of the new Construction Act1 took effect. Adjudication applies to all public and private sector construction contracts entered into on or after October 1, 2019.2 On the same date, the prompt payment regime come into force, with adjudication being used as a cost effective, flexible, and swift means of enforcing the prompt payment regime. (For more on the prompt payment regime, see my previous article on the amendments to the Construction Act.) These new regimes are mandatory, as parties may not contract out of either procedure. A predominant feature of the new adjudication Despite the challenges that will come with these new procedure is the pace at which both payment for practices, there are steps that parties may take to services and work and the settlement of certain prepare for adjudication, either as the party initiating disputes will happen. The phrase “pay now, argue later” the adjudication process (the “Requesting Party”) or will be applicable to adjudication under the new Act, as as the party responding to the dispute (the the emphasis shifts to ensuring parties are paid within “Responding Party”). strict deadlines. 1 RSO 1990, c C.30, PART II.1, ss 13.1-13.23 [Act]. See also Adjudications Under Part II.1 of the Act, O Reg 306/18, O Reg 109/19 [Adjudications Reg]. 2 This excludes contracts or subcontracts that result from procurement processes initiated before October 1, 2019.