Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Contempt of court


Related Topics

  
  Contempt of court, civil - Wex
Civil contempt of court is used to coerce a party to perform an action.
When discussing civil contempt, commentators often use the phrase "the contemnor has the key to the cell in his own pocket".
Civil direct contempt of court is used to maintain order during court proceedings, whereas civil indirect contempt is used to motivate compliance with a court order.
www.law.cornell.edu /wex/index.php/Contempt_of_court,_civil   (117 words)

  
 "Contempt Of Court" Defined & Explained
CONTEMPT OF COURT - Any willful disobedience to, or disregard of, a court order or any misconduct in the presence of a court; action that interferes with a judge's ability to administer justice or that insults the dignity of the court; punishable by fine or imprisonment or both.
This power of punishing for contempts is confined to punishment during the session of the legislature and cannot extend beyond it, and it seems this power cannot be exerted beyond imprisonment.
Courts of justice have an inherent power to punish all persons for contempt of their rules and orders, for disobedience of their process, and for disturbing them in their proceedings.
www.lectlaw.com /def/c118.htm   (494 words)

  
 Contempt of court, criminal - Wex
Criminal contempt of court is a criminal charge which is employed to punish behavior that interferes with the proceedings or orders of a court.
Criminal indirect contempt of court is based on violation of a court order, whereas criminal direct contempt of court is based on conduct at court proceedings.
Defendants charged with criminal contempt are afforded all the usual privileges of other criminal defendants, like the right to a trial by jury, to examine, and to call, witnesses, and to testify on one's own behalf.
www.law.cornell.edu /wex/index.php/Contempt_of_court,_criminal   (111 words)

  
 HSE - Contempt of Court
Section 2 of the Contempt of Court Act 1981 limits the common law rule that conduct may be treated as contempt regardless of intention, to circumstances where publication would create a substantial risk that justice will be seriously impended or prejudiced.
At common law it is a contempt, with intent to impede or prejudice the administration of justice, to publish material calculated to prejudice the fair trial of a pending or imminent cause.
It is also a contempt of court to publish prejudicial matter knowing or having good reason to believe the criminal proceedings are imminent For a detailed discussion of the case law, see Archbold ‘Criminal Pleading, Evidence and Practice’ (2006) edition, paragraphs 28-74 to 28-76a.
www.hse.gov.uk /enforce/enforcementguide/court/reporting/contempt.htm   (607 words)

  
  Your Rights: Right of free expression: Contempt of Court: What is Contempt of Court
Contempt of court serves the primary function of protecting the integrity of court proceedings.
The law relating to contempt of court is found in the Contempt of Court Act 1981 and in the common law.
This principle was extended in the Spycatcher litigation in which the Court of Appeal held that other publishers not directly subject to the injunction, acting on their own behalf, could be in contempt of court by publishing the same material where this would frustrate the court’s intention to keep the material secret.
www.yourrights.org.uk /your-rights/chapters/right-of-free-expression/contempt-of-court/what-is-contempt-of-court.shtml   (1321 words)

  
  Civil and Criminal Contempt in Bankruptcy Court
Civil contempt penalties are not punishments, but rather are means by which to bring a party into compliance with a court order or to force the contemnor to compensate the victim of his acts that were committed in disregard of a court order.
Contempt of court is a crime under 18 U.S.C. Case law establishes at least three elements of the crime: the court must have issued a reasonably specific order; the contemnor must have violated the order; and the contemnor must have acted willfully.
The rationale for this principle is that criminal contempt vindicates the authority of the court.
www.usdoj.gov /ust/eo/public_affairs/articles/docs/contempt.htm   (1872 words)

  
 High Court of Justiciary - Memoranda - Contempt of Court
In the case of contempt by a witness or by a party to the proceedings in a trial, whether civil or criminal, before a jury, it is important to avoid creating prejudice in the mind of the jury.
Likewise, once a finding of contempt has been made, it is for the judge to decide whether the circumstances warrant an exception to the normal rule that the judge who makes the finding of contempt ought personally to deal with the appropriate punishment for the contempt of the court.
This should be done in all cases where the information before the court is sufficient to show that there is a need to consider the question of contempt, and it should also be done where the question arises as to the appropriate punishment.
www.scotcourts.gov.uk /justiciary/memorandum/mem_contempt.asp   (922 words)

  
 [No title]   (Site not responding. Last check: )
Courts have used due process grounds in examining legislation dealing with personal liberties and should examine their own use of the contempt power in the same light, so that the contempt power is not effectively immunized from review.
Contempt, as it is used to enforce child support orders, particularly in New Jersey, has an enhanced danger of bias because imposing severe sanctions (imprisonment and revocation of driving and occupational licenses) is in tension with the ultimate goal of providing alimony and child support.
Courts are required to afford the alleged contemnor the right to a jury trial and counsel where coercive sanctions (civil) have reached the threshold for a jury trial.
www.crrol.org /Contempt.htm   (9729 words)

  
 Contempt
The attorneys and bankruptcy trustees who use contempt of court as a threat generally give their victims the impression that it is a criminal offense punishable by imprisonment.
In many civil cases, such as divorce and bankruptcy, judges use contempt of court to force people to obey orders, when they know their orders are void or outside the possibility of being obeyed.
The court may order you to testify of the burying place of your grandmother, (although she is not deceased).
www.wellsofjustice.com /contempt.htm   (1899 words)

  
 Macon County Circuit Court
Contemptuous conduct constitutes direct contempt if it is committed in such a manner that no evidentiary hearing is necessary for the court to determine that facts surrounding such conduct and is committed in an integral part of the court when the court is performing its judicial functions.
Prior to an adjudication of direct contempt, the court shall inform the contemnor of the specific conduct forming the basis of contempt and, prior to imposition of sanctions, the court shall permit the contemnor an opportunity to present a statement in mitigation.
A contemptuous act constitutes indirect criminal contempt when it occurs outside the presence of the court or in an area that is not an integral or constitute part of the court, or the elements of the contemptuous act are not otherwise within the personal knowledge of the court.
ccourt.co.macon.il.us /Rules8.htm   (1700 words)

  
 Contempt of Court
Indirect contempt poses a much greater challenge, because the accused contemnor is entitled both to fair advance notice of the charges and to a trial with almost every protection afforded a criminal defendant (the principal exception being the right to jury trial).
There must be proof that the order upon which the contempt proceeding is based has been served upon the accused, or that he was present when the order was made, or that he had knowledge of it.
On the other hand, appellate courts have shown a great propensity to overturn contempt judgments because of procedural problems, so the only real punishment for the alleged contemnor may be the cost of litigating the matter.
home.earthlink.net /~geoffbryan/contempt.html   (1433 words)

  
 Friends of the Earth: Press Releases: : Shell accused of contempt of court over continued illegal gas flaring
Contempt of court proceedings were today (16 December 2005) started against Shell Nigeria and the Nigerian National Petroleum Corporation (NNPC) for failing to comply with a court order, issued by the Federal High Court of Nigeria on 14 November 2005, to stop flaring gas with immediate effect in Iwherekan community, Delta state.
The contempt of court notice is being filed by a member of the Iwherekan community in Delta State on behalf of himself and the Iwherekan community, with the support of Environmental Rights Action (Friends of the Earth Nigeria), the Climate Justice Programme and Friends of the Earth.
Contempt proceedings were filed today, 16 December 2005, by Mr Jonah Gbemre, on behalf of himself and the Iwherekan community, Delta State at the Federal High Court of Nigeria, sitting in Benin City, against the Shell Petroleum Development Company of Nigeria and the Nigerian National Petroleum Corporation.
www.foe.co.uk /resource/press_releases/shell_accused_of_contempt_16122005.html   (952 words)

  
 Contempt of court, direct - Wex
"Direct Contempt of Court" is the inherent power judicial officers possess to maintain respect, dignity, and order during proceedings.
Beacuse direct contempt of court involves conduct at the proceedings, criminal direct contempt is much more unusual than civil direct contempt.
Be careful to distinguish this from indirect contempt of court.
www.law.cornell.edu /wex/index.php/Contempt_of_court,_direct   (327 words)

  
 Editor of daily paper gets jail sentence for contempt of court : print
On 3 August, the supreme court delayed its decision on the appeal of the publisher and editor in chief of the newspaper Dainik Manabzamin, who were respectively sentenced to a fine and a one month prison sentence for contempt of court.
Chowdhury was found guilty of contempt by the High Court on 20 May and as well as the jail sentence was fined 2,000 takas (40 euros).
The court’s two judges said Chowdhury had committed the contempt by publishing a secret conversation between Ershad and Justice Mohammad Latifur Rahman, in which Ershad had tried to get a favourable verdict in a case involving himself.
www.rsf.org /print.php3?id_article=2300   (439 words)

  
 Contempt of court, indirect - Wex
“Indirect contempt of court” occurs outside the immediate presence of the court and involves the violation of a court order.
A charge of "Criminal Indirect Contempt of Court" is a criminal charge.
For a discussion of the various kinds of contempt, but primarily direct contempt, see Parkhurst v.
www.law.cornell.edu /wex/index.php/Contempt_of_court,_indirect   (178 words)

  
 Colorado Child Support - Colorado Springs Attorney Robert D. Gustafson
The court will look at the ability of each parent to support and the needs of the children, including daycare expenses, health, hospitalization and medical insurance and deductible or non-covered medical expenses, continuing medical expenses, private school tuition if agreed or court ordered, post-secondary education or other financial circumstances relevant to your children.
Courts use these terms because support may be ordered paid by either petitioner or respondent (plaintiff or defendant in some states), or by husband or wife.
Contempt is no longer an available remedy even if the obligor moved to state of the original court order or if a interstate support enforcement action were later commenced.
www.child-support-colorado-springs.com   (6912 words)

  
 The Raw Story | Contempt of court: Journalists face jail
Three different federal judges have slapped journalists with contempt orders for refusing to reveal their anonymous sources in government investigations, punishing two of them with jail time.
The government, which is trying to find out who leaked the name of a covert CIA operative to the press, wants Miller to describe any conversation she had with a specified government official.
But the courts’ increasing reluctance to recognize a qualified privilege for journalists may also reflect the reality that the advent of the internet and blogging has made it harder to decide who is a “journalist” and is thus eligible to claim the privilege.
www.rawstory.com /exclusives/clasper/contempt_of_court_1212.htm   (897 words)

  
 Clinton found in civil contempt for Jones testimony - April 12, 1999
Wright has referred her ruling to the Arkansas Supreme Court to see if any disciplinary action should be taken, CNN has learned.
She also ruled Clinton must reimburse to the court $1,202 for the judge's travel expenses.
Wright first raised the possibility of contempt in a footnote to her September 1 decision to release a transcript of Clinton's testimony in the Jones case, but said she wanted to wait to address the issue until after the president's impeachment trial.
www.cnn.com /ALLPOLITICS/stories/1999/04/12/clinton.contempt   (741 words)

  
 Contempt of Court-Editorial-Opinion-The Times of India
One of the reasons for serving contempt notices is when someone wilfully brings the court into disrepute.
According to estimates, there are 27 million cases waiting to be disposed, a bulk of them in the lower courts such as the one in Jaipur.
If such judgments and their authors are allowed to go scot-free, then the standing of the courts would be seriously undermined.
timesofindia.indiatimes.com /Contempt_of_Court/articleshow/1976967.cms   (462 words)

  
 Asiaweek.com | From Our Correspondent: What Is Contempt of Court? | 10/26/2000
And High Court judge R. Nathan sentenced lawyer Tommy Thomas for contempt last year in a defamation suit brought against him by tycoon Vincent Tan, when Thomas issued a press statement in breach of a court order.
But Court of Appeal judge Shaik Daud Ismail says the increase is mainly due to a rift between the judiciary and the Bar since the sacking of Lord President Tun Salleh Abbas in 1988.
Judge Shaik Daud reckons the proposal that presiding officers be liable to charges of contempt of court might be spiked.
www.pathfinder.com /asiaweek/foc/2000/10/26   (1031 words)

  
 EXTORTIONIST IN AN APPARENT CONTEMPT OF COURT - AUSTRALIA
The Ombudsman’s office even made a sworn statement to the court as part of the bid to have the book banned.
Stop Press: In spite of the Supreme Court judgement upholding the right of Kotabi and Hoser to continue to sell their books, the Zoccoli’s side has refused to accept the rule of law.
Acting in a demonstrable contempt of court, Zoccoli has hired one or more henchmen to harass book distributors in an attempt to stop the book’s sales.
www.smuggled.com /MedZoc3b.htm   (1111 words)

  
 Contempt of court
Contempt of Court is when the court issues an order for failing by deliberate action to follow judges' instructions either out of court or in court.
Contempt is used as a means of enforcement where the judge maintains jurisdiction over the parties until the child/children usually until they are 18.
The court has the authority to force the violator to pay a fine, perform the activity that was being complained of, pay a fine, pay attorney fees and court costs and in some cases force the violator to go to jail.
www.suite101.com /article.cfm/divorced_parents_retired/48369   (382 words)

  
 Lankaweb - Terrorism
There are both civil and criminal contempts; In common law jurisdictions, contempt of court has traditionally been classified as either in facie curiae (in front of the court) or ex facie curiae (outside the court), or as criminal or civil.
Contempt of court is not a matter of joke: HC The hearing of the rules issued by the High Court Division of the Supreme Court charging two vernacular dailies, Prothom Alo and Bhorer Kagaj, for committing contempt of Court has been adjourned yesterday till December 11.
Broadly speaking, contempt of court falls into three general areas: (i) violation of an order of a court, (ii) interference in the judicial process and (iii) criticism of a judge, his judgement, or the institution of the judiciary.
www.lankaweb.com /news/contempt.html   (1911 words)

  
 Part 13.00  Contempt of Court
In this event, the judge before whom the alleged contempt transpired shall specify in writing the nature of the alleged acts of contempt, shall direct that a record of the proceedings surrounding the said acts be prepared and shall transfer the matter to the appropriate assignment judge for assignment.
Referral of the petition to another judge for the hearing on the issues of contempt and the imposition of sanctions is required where a controversy between the judge and the alleged contemnor is integrated with the alleged contumacious conduct and embroils the judge to the degree that the judge’s objectivity may be reasonably questioned.
A civil contempt proceeding shall be initiated by the filing of a petition for adjudication of civil contempt unless the act is committed in the presence of the Court.
19thcircuitcourt.state.il.us /rules/rules13.htm   (1512 words)

  
 Part 13.00  Contempt of Court
In this event, the judge before whom the alleged contempt transpired shall specify in writing the nature of the alleged acts of contempt, shall direct that a record of the proceedings surrounding the said acts be prepared and shall transfer the matter to the appropriate assignment judge for assignment.
Referral of the petition to another judge for the hearing on the issues of contempt and the imposition of sanctions is required where a controversy between the judge and the alleged contemnor is integrated with the alleged contumacious conduct and embroils the judge to the degree that the judge’s objectivity may be reasonably questioned.
A civil contempt proceeding shall be initiated by the filing of a petition for adjudication of civil contempt unless the act is committed in the presence of the Court.
www.19thcircuitcourt.state.il.us /rules/rules13.htm   (1512 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.