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Topic: Audi alteram partem

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	audi
		Audi is an automobile maker in Germany, which is part of the Volkswagen group, VAG.
		In 1980 the release of the Audi Quattro, a four wheel drive turbocharged car with no equal, that went on to win rallies and races worldwide, is considered one of the most significant rally cars of all time.
		Audi introduced a new series of vehicles in the mid-nineties and continues to pursue leading-edge technology and high performance.
	www.fact-library.com /audi.html (649 words)

	Eastern Book Company - Practical Lawyer
		Subhash Chandra Singh1 will be welcomed with relief not only by the Universities and other educational authorities but also by legal circles where it was felt that the rule of audi alteram partem was being stretched too far and that some restriction should be made on the application of the principle.
		It is true that the audi alteram partem principle is a very ancient one, deriving strength from a Biblical passage.
		These observations only emphasise that there may be exceptional circumstances where the audi alteram partem rule need not be complied with especially where the authority concerned is not dealing with an individual case but primarily with broader questions of policy.
	www.ebc-india.com /lawyer/articles/71v1a2.htm (1779 words)

	821. Taxing acts and the constitution
		Firstly, the audi alteram partem principle had not been satisfied in that the taxpayer had not had the opportunity to be heard in the matter.
		The Court rejected this ground for the practical reason that the object of section 47 was to prevent the funds concerned from being paid to the taxpayer and then spirited away.
		In the event, then, the taxpayer lost on all three grounds, the most interesting of which was the audi alteram partem application.
	www.saica.co.za /integritax/821_Taxing_acts_and_the_constitution.htm (581 words)

	[No title]
		The terms natural justice and audi alteram partem were often used to mean the same thing at common law but strictly speaking they do not.
		In essence, the audi principle consists of two elements: notice of the intended action and an opportunity to be heard.
		The reach of the audi principle is based on deprivation of existing rights as supplemented with the concept of legitimate expectations as expressed in the Traub case and affirmed in Premier, Mpumalanga.
	www.law.wits.ac.za /school/klaaren/procfair.htm (9487 words)

	[No title] (Site not responding. Last check: 2007-10-21)
		In support of the prayer for setting aside the adoption proceedings, Mr Chaskalson argued that the applicant was entitled to be heard at common law in terms of sections 24(b) and 30(1)1(b) of the Constitution, in terms of an implied provision of the Child Care Act, and, finally, in terms of Regulation 4(1).
		The argument of the second respondent and the curator ad litem commenced with a reference to Administrator Transvaal and Others v Traub 1989 (4) SA 731 (A), which is the locus classicus on the audi alteram partem principle and the doctrine of legitimate expectation.
		A legitimate expectation is now, of course, part of the audi alteram partem doctrine (Administrator, Transvaal and Others v Traub and Others 1989 (4) SA 731 (A) at 755C—E and 761D—E).
	www.sn.apc.org /users/clc/children/cases/fraser.doc (9640 words)

	Telecommunications Workers Union v. Canada (Radio-television and Telecommunications Commission), 1995 CanLII 102 ...
		The audi alteram partem rule should not be interpreted as requiring that notice be provided to parties indirectly affected by regulatory proceedings.
		29 The audi alteram partem rule, which is a component of the principles of natural justice and of procedural fairness, requires that a person who is a party to proceedings before a tribunal be informed of the proceedings and provided with an opportunity to be heard by the tribunal.
		Accordingly, the audi alteram partem rule should not be interpreted as requiring that notice be provided to parties indirectly affected by regulatory proceedings.
	www.canlii.com /ca/cas/scc/1995/1995scc53.html (5601 words)

	Ellis-Don Ltd. v. Ontario (Labour Relations Board), 2001 SCC 4 (CanLII)
		In the case of an alleged violation of the audi alteram partem rule, the applicant must establish an actual breach; an apprehended breach is not sufficient to trigger judicial review.
		In Kane, the applicant had established an actual breach of the audi alteram partem rule: during the deliberations of the Board of Governors of UBC on a disciplinary matter, the President of the University had provided the decision-makers with supplementary facts in the absence of the parties.
		Dickson J., writing for the majority, simply said that once a breach of the audi alteram partem rule had been made out, it was not necessary to prove that this breach had caused an actual prejudice to the litigant, but only the likelihood of it.
	www.canlii.org /ca/cas/scc/2001/2001scc4.html (15501 words)

	Duhaime's Canadian Law Dictionary : A
		This would include, as a minimum, the principles of natural justice as embodied in audi alteram partem and nemo judex in sua causa.
		Latin: a principle of natural justice which prohibits a judicial decision which impacts upon individual rights without giving all parties in the dispute a right to be heard.
		Habeas corpus was an early expression of the audi alteram partem principle.
	www.duhaime.org /dictionary/dict-a.aspx (2912 words)

	SA Law Commission Discussion Paper 70 (Site not responding. Last check: 2007-10-21)
		Audi alteram partem comes into the picture, as far as the respondent is concerned, only after service of the interdict and orders upon him.
		Temporary disregard of the audi principle may be warranted in suitable cases but the Act does not limit the right to audi alteram partem in accordance with section 33 (limitation clause) of the Constitution, 1993.
		In actual fact, section 2 does not disregard the audi alteram partemrule, it only affects it in the sense that it is not applied in its normal sense and the respondent is afforded the chance to apply for an amendment or setting aside of the interdict within 24 hours of service.
	www.law.wits.ac.za /salc/discussn/dp70.html (17960 words)

	Online edition of Daily News - Politics (Site not responding. Last check: 2007-10-21)
		The Judge made this query when the case filed before the Supreme Court by Bogollagama challenging his expulsion from the UNP was taken up for hearing on its fourth consecutive day.
		President's Counsel Ben Eliyathamby submitted that according to petitioner, he was deprived of his right of Audi Alteram Partem.
		President's Counsel D. Wijesinghe appearing for the petitioner stated the fact that Bogollagama was expelled from the UNP on November 18 and was communicated to him on December 2.
	www.dailynews.lk /2005/02/04/pol06.html (718 words)

	Citizen Journal: Economy Archives (Site not responding. Last check: 2007-10-21)
		Given the extent of the run-up in housing values in some areas of the country, and the increasing willingness of American home buyers to adopt imprudent risks, this is unlikely to be a soft landing.
		After wagging his finger at the apparent desire of Western Europe to cling to a way of life that runs counter to global economic trends, David Brooks briefly noted that the same irrational fear of change and costly nostalgia for a bygone economic system are present in the United States as well.
		Unions have simply refused to accept that organizations on the micro level and society as a whole on the macro level suffer when employee compensation is determined by lobbying and threats, instead of by market forces.
	www.citizen-journal.net /mt-weblog/archives/economy/index.php (4036 words)

	Manawadu v. Attorney-General [1987] LKSC 5; (1987) 2 Sri L.R. 30 (11 Février 1987) (Site not responding. Last check: 2007-10-21)
		Unless the contrary intention appears, an enactment by implication imports the principle of the maxim audi alteram partem; this principle is basic to justice.
		The rule of audi alteram partem is not an inflexible rule and in addition to that the rules of interpretation also provide that it is the duty of the Court to give effect to the plain meaning of a section whatever the consequences will be to a party.
		The dicta that the rule audi alteram partm is not an inflexible one and will have to be varied or not taken it into account are contained in the dicta of several cases referred to by My Lord the Chief Justice in support of this point of view.
	www.austlii.edu.au /~andrew/CommonLII/LKSC/1987/5.html (7401 words)

	SUPERMARCHÉS JEAN LABRECQUE INC. v. FLAMAND, [1987] 2 S.C.R. 219
		Alleging that respondents had lost jurisdiction by failing to observe the audi alteram partem rule at a hearing held in Montréal on June 10, 1981, and by their inactivity, at the hearing scheduled for June 10, 1981, in Val d'Or, appellant made a motion seeking authorization to issue a writ of summons against the respondents.
		Respondents, while maintaining that in the circumstances of the case the audi alteram partem rule had not been infringed, also argued that no prejudice had resulted from what they saw as a mere irregularity which could be remedied under the provisions of the Summary Convictions Act, R.S.Q. 1977, c.
		While it is true that any infringement of the audi alteram partem rule will not necessarily or automatically attract the exercise of this reforming power, since the remedy remains a discretionary one, it will be denied primarily when the situation thus created can be otherwise remedied.
	www.lexum.umontreal.ca /csc-scc/cgi-bin/disp.pl/en/pub/1987/vol2/html/1987scr2_0219.html (7276 words)

	Kieron Wood's pages
		Such hearings must be conducted in accordance with the principles of natural justice, such as audi alteram partem and nemo judex in sua causa.
		Audi alteram partem: (Latin: hear the other side) A principle of natural justice which requires that, where a decision may affect an individual's rights, that person has a right to be heard.
		Natural justice: The requirement for application of the tenets audi alteram partem (hear the other side) and nemo judex in causa sua (no-one may be a judge in his own case).
	indigo.ie /~kwood/legalterms.htm (10637 words)

	Supermarchés Jean Labrecque Inc. v. Flamand, 1987 CanLII 19 (S.C.C.)
		Alleging that respondents had lost jurisdiction by failing to observe the audi alteram partem rule at the hearing held in Montréal on June 10, 1981, and by their inactivity at the hearing scheduled for June 10, 1981 in Val d'Or, appellant applied to the Superior Court for a writ of evocation.
		The Queen, 1985 CanLII 68 (S.C.C.), [1985] 1 S.C.R. It further relied on the failure to observe the audi alteram partem rule at the hearing held in Montréal on June 10, 1981, and respondents' loss of jurisdiction for failing to proceed at Val d'Or on the same date.
		What the audi alteram partem rule guarantees is an adequate opportunity to appear and be heard (subject to the proviso that in some situations prior notice may be valid although not in fact received).
	www.canlii.org /ca/cas/scc/1987/1987scc50.html (7282 words)

	1.2lat
		Agnosco igitur artem acquirendi pecuniam esse quidem partem oeconomiae, sed respondeo quod in sua propria essentia officioque hic consideretur.
		Audi ergo, licet prodesse civibus sed iustis modis, at monstrosus nascitur faetus ex pecuniis.
		Audi ergo ut humilitas loci huic insigni viro imperiium non negavit: ita infirmitas naturae omni faeminae aditum ad dignitatem non interclusit.
	www.philological.bham.ac.uk /sphaera/1.2lat.html (10897 words)

	[No title]
		In other words, the CCTA suggests that merely bringing notice of an issue, however broad that may be, meets the requirements of the audi alteram partem rule.
		TCI respectfully submits that the requirements of the audi alteram partem principle are properly and fairly set out in paragraphs 14 through 17 of its Review and Vary application, with direct quotes from the texts and the cases, which remain uncontraverted by any of the parties.
		As set out in TCI’s application, in accordance with the authorities, and as agreed by the CCTA in its paragraph 7, the principle requires that the parties affected be given adequate notice of the case to be met, and be given the right to bring evidence and to make argument.
	www.crtc.gc.ca /INTERNET/1998/8662/T10/03/98-2RPLY.DOC (2788 words)

	Porto Seguro Companhia de Seguros Gerais v. Belcan S.A. (C.A.) (Site not responding. Last check: 2007-10-21)
		The appellant accordingly submitted that the Trial Judge acted unlawfully and violated the audi alteram partem rule in refusing to hear the appellant's experts and that we should accordingly set aside her decision and order a new trial.
		If this must be viewed as a breach of the audi alteram partem rule, the same would have to be said of the common law rule which excludes the possibility of expert evidence when such evidence is not necessary.
		I do not understand how it can be said that natural justice requires a trial judge sitting with assessors to discuss with the parties the questions he or she intends to ask the assessors and subsequently to disclose to the parties the answers he or she was given by the assessors.
	reports.fja.gc.ca /fc/1996/pub/v2/1996fca0081.html (13544 words)

	Citizen Journal: Social Security Archives (Site not responding. Last check: 2007-10-21)
		That said, as long as Republicans don't completely trash their anti-tax credentials by, say, embracing this tax-hiking Social Security "compromise," (hat tip: Audi Partem Alteram), they stand to benefit from resistance to tax hikes.
		Audi Partem Alteram and I have debate this issue before.
		Future beneficiaries of Social Security, as well as those of state and municipal retirement plans (which are horrendously underfunded) and those of the few remaining defined benefit plans in the private sector must be apprised of the fact that the most secure retirement plan is one that delivers the money upfront.
	www.citizen-journal.net /mt-weblog/archives/social_security/index.php (5486 words)

	Business Report - Labour department wins battle with employer body
		The NEF had argued that the registrar and the labour department had not complied with the audi alteram partem ("hear the other side") principle, which is fundamental to our law.
		While Patterson agreed that actions taken by the registrar to deregister an employer organisation were administrative actions which ought to be taken having regard to the audi alteram partem principle, he disagreed that the degree of hearing was uniform in all cases.
		One had to apply an attenuated form of audi alteram partem, "failing which the act would be unworkable and the ability of the registrar to deal with such matters would be severely hampered".
	www.busrep.co.za /index.php?fSectionId=553&fArticleId=129257 (1382 words)

	Court Orders
		This principle derives from the Latin maxim audi alteram partem, which literally means "to hear the other side".
		180 D.L.R. Audi alteram partem is a pervading principle of our law, and is peculiarly applicable to the interpretation of statutes which delegate judicial action in any form to inferior tribunals: in making decisions of a judicial nature they must hear both sides...
		436-7 D.L.R. "The audi alteram partem principle, which is a rule of natural justice and one of the tenets of our legal system, requires that courts provide an opportunity to be heard to those who will be affected by the decisions.
	members.shaw.ca /childlaw/archives/topics/lglaw/lg-notes/orders.htm (3032 words)

	Zimbabwe, Bishi v Secretary for Education (Site not responding. Last check: 2007-10-21)
		Without the applicant being given an opportunity to say anything in mitigation of punishment, the committee recommended that he be dismissed from the Service, which recommendation was put into effect by the respondent.
		The absence of a provision in the Regulations requiring that he should be heard did not oust the audi alteram partem rule.
		Even if the regulations had expressly deprived persons of the opportunity to mitigate their punishment, such a provision would contravene §18(9) of the constitution, which confers on every person the right to a fair hearing.
	www.hrcr.org /safrica/arrested_rights/bishi_education.html (124 words)

	AUDI (Site not responding. Last check: 2007-10-21)
		Search the AUDI Family Message Boards at Ancestry.com (if available).
		Search the AUDI Family Resource Center at RootsWeb.com (if available).
		Find graves of people named AUDI at Find-a-Grave.com (or add one that you know).
	www.worldhistory.com /surname/US/A/AUDI.htm (73 words)


		Audi et alteram partem- Hear the other side too
		I feel it is my duty to refer you to Kenny Silverman's site and Backspin.
		The Girl & The AC This is a paragraph of text that could go in the sidebar.
	romanwanderer.blogspot.com /2004/12/audi-et-alteram-partem-hear-other-side.html (567 words)

	Maltonian Memories - Tony Kirby
		But he typified the best qualities of all MGS staff: encouraging pupils to question received wisdom, to take nothing for granted and - crucially - observe the School motto (Audi alteram partem : hear the other point of view).
		Audi alteram partem: there were a wide variety of views, reflecting the very mixed social and geographical nature of the School's intake.
		Only a small minority of us came from Malton and Norton; if my form (1956) was typical, about 80% of pupils were from the countryside and a farming background.
	www.malton.n-yorks.sch.uk /MaltonianWeb/Memories/TonyKirby.htm (1513 words)

	Audi Alteram Partem Encyclopedia Article, Definition, History, Biography (Site not responding. Last check: 2007-10-21)
		Audi Alteram Partem Encyclopedia Article, Definition, History, Biography
		Looking For audi alteram partem - Find audi alteram partem and more at Lycos Search.
		Find audi alteram partem - Your relevant result is a click away!
	www.karr.net /search/encyclopedia/Audi_alteram_partem (176 words)

	audi alteram partem - OneLook Dictionary Search (Site not responding. Last check: 2007-10-21)
		We found 2 dictionaries with English definitions that include the word audi alteram partem:
		Tip: Click on the first link on a line below to go directly to a page where "audi alteram partem" is defined.
		Audi alteram partem : Duhaime's Canadian law dictionary [home, info]
	www.onelook.com /?w=audi+alteram+partem (84 words)

	Partem del alteram de Audi (Site not responding. Last check: 2007-10-21)
		El partem del alteram de Audi (o las igualdades de Audiatur et del altera) es una frase latina que significa, oye literalmente el otro lado u oye ambos lados.
		Está parado para el principio que nadie se deben condenar sin una audiencia en la cual se den la oportunidad de responder a las acusaciones contra ellas.
		English version: Audi alteram partem Next: Cypselus Up
	www.yotor.net /wiki/es/pa/Partem%20del%20alteram%20de%20Audi.htm (158 words)

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