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Topic: Procedure (conflict)

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In the News (Tue 25 Jun 19)

 WV Supreme Court Office of the Clerk Case Topics: Criminal
Granting a moulded writ of prohibition in a dispute over the State's motion to disqualify defense counsel in a criminal action, where a conflict of interest was alleged due to defense counsel's prior representation of a State's witness and the witness's relatives in various criminal and civil proceedings.
The Court is requesting public comment on a proposed amendment to Rule 14 of the West Virginia Rules of Criminal Procedure.
Holding that the State has standing to seek disqualification of defense counsel under certain circumstances, and setting forth the standard of proof and factors to be considered by the circuit court in determining whether a potential conflict of interest should overcome the presumption in favor of a defendant's choice of counsel. /wvsca/Clerk/Topics/Criminal   (3510 words)

 Criminal Defense Lawyers - Criminal Attorneys
Criminal law includes both substantive law, which is addressed in this article, and criminal procedure, which regulates the implementation and enforcement of substantive criminal law.
On the other hand, criminal procedure is concerned with the legal rules followed and the steps taken to investigate, apprehend, charge, prosecute, convict, and sentence to punishment individuals who violate substantive criminal law.
Criminal law seeks to protect the public from harm by inflicting punishment upon those who have already done harm and by threatening with punishment those who are tempted to do harm. /criminal.htm   (1498 words)

 Teambuilding Inc. Article - Conflict
Conflict has an emotional component that tends to be destructive, whereas, disagreement is a non-emotional presentation of differing viewpoints.
Conflict seems to be ever-present in our lives....on the battlefield, on the football field, in the boardroom, or in the bathroom.
Conflict resolution under the “win-lose” model leaves most people unfulfilled, particularly if the battle is a difficult one. /article_conflict.htm   (1480 words)

Step 7: Once a jointly owned conflict resolution is decided upon, the parties set an implementation time and an evaluation procedure to determine if the resolution is successful in averting similar conflict(s).
In order to resolve a conflict where the opposing parties are at opposite extremes on an issue, there is a need to come to the middle if all are to experience a ``winning'' posture.
In resolving a conflict it is imperative that you be honest with yourself and others about your feelings, and reactions to the conflict and to the resolutions. /relations/conflict.htm   (1469 words)

 Dahrendorf - Class & Class Conflict
For Marx, classes are conflict groups under conditions of (a) absence of mobility, (b) superimposition of authority, property, and general social status, (c) superimposition of industrial and political conflict, and (d) absence of effective conflict regulation.
The ossification of conflict fronts and the intensification of conflict began to be checked both by the very fact of organization of interest groups on the part of the proletariat and by the structure changes to which this organization led.
Historically, the problem of an analysis of post-capitalist society in terms of class may be formulated as one of the destiny of the "old" conflict between capital and labor, bourgeoisie and proletariat. /~lridener/courses/DAHREND1.HTML   (2991 words)

 Social class - Wikipedia, the free encyclopedia
Social Class in America: A Manual of Procedure for the Measurement of Social Status.
Classes are seen to have their origin in the division of the social product into a necessary product and a surplus product.
For example, Bourdieu seems to have a notion of high and low classes comparable to that of Marxism, insofar as their conditions are defined by different habitus, which is in turn defined by different objectively classifiable conditions of existence. /wiki/Social_class   (2064 words)

This principle is introduced in the system proposed in the draft code of criminal procedure, with the judge acting as an impartial third party in a forum established to settle the conflict between the accuser and the accused.
Venezuela’s criminal procedure, mixed in its origin, was gradually perverted (from investigation by the courts to investigation by the police and the possibility of admitting information acquired in the preliminary proceedings as evidence) to become an almost purely inquisitorial process.
Title X regulates the procedure to be followed for reparation of damages and compensation for injury, establishing that the court sentence will operate as an execution paper, in other words, a monitoring procedure is established that simplifies the common procedure, without detriment to the principles of defence and equality of the parties in the process. /juridico/MLA/en/ven/en_ven-int-des-codepenal.html   (10859 words)

 Legislation Procedure for Cooperation between States in The Execution of Penal Sentences, B.E.2527 (AD 1984)
All laws, rules, regulations, procedures and other announcements which are specified in this Act or which contravene or conflict with this Act shall be superseded by this Act.
If the Thai prisoner is subject to security controls, probation, the procedures for juveniles, or suspended sentence or confinement, the procedures provided for in the applicable laws currently in force in the Kingdom shall be applied as appropriate in each case.
Whereas it is deemed appropriate to enact the law governing the procedure for cooperation between states in the execution of penal sentences: /sentence2527.html   (10859 words)

(a) This rule provides procedures for consultation, conflict resolution and public participation for conformity determinations of transportation plans, programs and projects, and developing applicable State Implementation Plan (SIP) revisions relating to transportation.
(b) The general purpose of the Working Group is to review and recommend procedures for conformity determination of plans and programs in the SCAG region before conformity determinations are made by SCAG.
Interagency consultation shall be undertaken by the Working Group described in Section (D). /drdb/moj/curhtml/R2003.HTM   (3343 words)

 Glossary of Conflict of Laws
The law applicable to the arbitration agreement, the laws applicable to the subject of the dispute, the law of the arbitral proceedings and the applicable conflict rules may all be different, each having a proper law of its own.
Avoidance of the law - In the conflict of law, the intentional arrangement of connecting factors (contacts) (infra) in an agreement, usually by equal bargaining parties, for a legitimate purpose, in order to ensure the applicability to the agreement of a particular law or jurisdiction.
Conflict of Laws, also known as "Private International Law", was a term first coined by Joseph Story in his 1st Edition, 1834 of that name. /maritimelaw/glossaries/conflictlaws   (7242 words)

 armed conflict
This book explores which international, regional and national mechanisms protect civilian women against sexual violence against women during armed conflicts; why women find difficulty in getting access to an effective legal recourse procedure; and what improvements are necessary to prevent, and protect women from, state violence.
This website of the UN Special Representative for the Secretary General for Children and Armed Conflict will keep you abreast of the latest UN debates and meetings on issues of armed conflict as well as any UN resolutions and international law concerning this issue.
This book not only gives visibility to women’s peacebuilding work, but also argues that their approaches in response to violent conflict are key elements to the attainment of human security and peace. /armedr.html   (1682 words)

 Division of Criminal Justice
Professor Wright is primarily responsible for legal courses such as Criminal Law and Criminal Procedure.
She is a past deputy editor of Justice Quarterly, a past president of the Midwestern Criminal Justice Association, and currently serves as co-founder and Vice President for the Division of Sentencing and Corrections for the American Society of Criminology.
Engel received her doctorate in criminal justice from the University at Albany in 1999 and was previously an Assistant Professor of Crime, Law and Justice at The Pennsylvania State University. /criminaljustice/faculty.html   (2679 words)

(10) All other rules apply to proceedings in a family justice registry but, if anything in another rule is considered to be in conflict with this rule, this rule prevails.
(b) the court file for the proceedings is transferred under rule 19 to a family justice registry.
Rule 19 (5) and (6) specifically concern transfer of files by the registry when the parties consent to the transfer or when only one of the parties resides in British Columbia and that party requests the transfer.] /dispute/famrules.htm   (2679 words)

 DISCOVERY v15n3 Detecting Cervical Cancer
If the results of spectroscopy and colposcopy conflict, then a biopsy is performed; in that case, the decision to treat with the loop electrical excision procedure (at a second visit) is based on the results of the biopsy.
Third, spectroscopically-directed biopsy followed by treatment with loop electrical excision procedure at a second visit if high-grade SIL is found at biopsy.
First, colposcopically-directed biopsy at a first visit followed by treatment with loop electrical excision procedure at a second visit if high-grade SIL is found at biopsy. /opa/pubs/discovery/disc2000v15n3/disc_biomedical.html   (2624 words)

 DPRG mailing list archives: DPRG: Regarding Expert Systems
Their procedure is to pull a tuft of cotton out of a random bale of a lot.
etc., etc. The best example I can think of, comes from Dr. Asimov's short story "The Evitable Conflict" Paraphrased in part as follows: "The cotton industry engages experienced buyers who purchase cotton.
FWP, I beg to diffr with your assumption that any thinking job done by a man can be done by an approriatly programmed system if the human is willing to spellout the details... /archive/1999-July/010997.html   (389 words)

Conflict with the police appears to be individual, rather than collective, based on personal grudges or frictions with local crime networks.
Until 1999, criminal procedure was inquisitorial, formalist, and written (Venezuela, 1962).
Juvenile justice procedures are kept confidential, and records are not made available to the criminal court. /bjs/pub/ascii/wfcjsvz.txt   (18043 words)

 More work remains to be done to join up criminal justice agencies.
Procedure of the Court of Justice of the European Communities.
Criminal justice administration majors with the B.S. degree have typically found employment at entry-level positions in local, state, and federal criminal justice agencies or in private business or security positions (e.g., loss prevention officer).
In contrast, Indigenous justice systems were, and still are, rooted in the cultural philosophy that "offenders" against society's norms cannot be reformed by punishment, but by seeking atonement and restitution with the victim so as to restore harmony within the community. /j/justice   (2372 words)

 Conflict of conscience and court orders
The more relevant question from the perspective of health care institutions and workers is, "If I refuse to perform a court ordered procedure for reasons of conscience, will I be charged for contempt of court?"
Neither the lawyer appointed to represent Lavoie nor her caregivers challenged the application, which was supported by the public trustee.
Given the conduct of the lawyer, caregivers and public trustee in Lavoie's case, one is entitled to doubt that applications for such orders will be meaningfully contested. /Examining-Conscience-Issues/background/Abortion/BackAbortion04.html   (2372 words)

 ``Squeaky Wheel'' Optimization
Any neighbor nodes that are now in conflict are moved to the impasse set.
One consequence of the coupled search spaces is that a small change in the sequence of elements generated by the prioritizer may correspond to a large change in the corresponding solution generated by the constructor, compared to the solution from the previous iteration.
In, a greedy algorithm is used to construct a solution which is then analyzed to find the trouble spots, i.e., those elements, that, if improved, are likely to improve the objective function score. /afs/cs/project/jair/pub/volume10/joslin99a-html/swo.html   (2372 words)

 Wikisource:UN Security Council Resolutions - Wikisource
UN Security Council Resolution 612 on the use of chemical weapons in the conflict between Iran and Iraq
UN Security Council Resolution 620 on the use of chemical weapons in the conflict between Iran and Iraq
UN Security Council Resolution 598 on the conflict between Iran and Iraq /wiki/Wikisource:UN_Security_Council_Resolutions   (2372 words)

 Streams Apply Process
The apply process either successfully applies the change in the LCR to a database object or, if a conflict or an apply error is encountered, tries to resolve the error with a conflict handler or a user-specified procedure called an error handler.
Consider a case where an apply process passes a row LCR to a DML handler and there is a relevant update conflict handler configured.
If the update conflict handler cannot resolve the conflict, then the transaction containing the row LCR is rolled back, and all of the LCRs in the transaction that satisfy the apply process rule set are moved to an exception queue. /cs634/ora9idocs/server.920/a96571/apply.htm   (9277 words)

 Declaration of financial interests - Wikipedia, the free encyclopedia
MEPs are required to declare their financial interests or assets that could create a situation of conflict in the performance of their duties.
Declarations of financial interests are a means of making conflict of interests of people in public office known and to reduce them by making them public.
In vote on 11 March 1999, about the report A4-0070/99 (Corbett, Gutiérrez Diaz, Palacio Vallelersundi) was adopted, numerous changes to the Rules of Procedure of the European Parliament designed to enable Parliament to adjust to the workings of the Amsterdam Treaty have been adopted: /wiki/Declaration_of_financial_interests   (9277 words)

 Tennessee Rules of the Supreme Court
All rules of this Court in conflict with or modified by the Tennessee Rules of Appellate Procedure are hereby superseded and modified by the Tennessee Rules of Appellate Procedure.
The Tennessee Rules of Appellate Procedure shall be cited as T.R.A.P. or as Tenn. R.
The resolution of any conflict between these Rules and the responsibilities or authority of government lawyers under any such legal provisions is a question of law beyond the scope of these Rules. /opinions/tsc/rules/TNRulesOfCourt/06supct1_9.htm   (15269 words)

In each instance of actual or potential conflict of interest, the MNA officer shall immediately notify the President or highest elected officer, not having a conflict or potential conflict of same, and thereafter totally remove him/herself from all further participation and contact with the particular subject matter causing the actual or potential conflict of interest.
The procedure for handling alleged violations shall be as outlined in the Procedures of Maryland Nurses Association for the Handling of Alleged Member Violations of the Bylaws, Purpose and Rules of the Maryland Nurses Association.
The standing committees of MNA shall be the Bylaws Committee, the Center for Ethics and Human Rights, the Continuing Education Approver Committee, the Continuing Education Provider Committee, the Finance Committee, the Legislative Committee, the Membership Committee, the Nominating Committee, the Practice and Education Committee, and the Workplace Advocacy Committee. /snas/snabylaw/mdbylaw.htm   (4112 words)

 Wikisource:UN Security Council Resolutions - Wikisource
UN Security Council Resolution 612 on the use of chemical weapons in the conflict between Iran and Iraq
UN Security Council Resolution 6: Procedure (17 May 1946) (resolving that applications for UN membership must be considered by the Security Council first)
UN Security Council Resolution 9: The International Court of Justice (15 Oct 1946) (concerning procedure for the International Court of Justice) /wiki/Wikisource:UN_Security_Council_Resolutions   (934 words)

 International Humanitarian Law - Fourth 1949 Geneva Convention
The Diplomatic Conference considered that the procedure instituted by the Power whose territory is occupied would have ceased to function once the occupation had begun and that the Occupying Power should be made responsible for making the necessary arrangements (4).
, since the procedure instituted by that Article is similar in every respect to the procedure stipulated in Article 48.
Persons who wish to leave the occupied territory therefore enjoy the same safeguards as protected persons living in the territory of a party to the conflict, i.e. /IHL.nsf/1a13044f3bbb5b8ec12563fb0066f226/3c7e30f2d98dbb7ec12563cd0042c3da?OpenDocument   (444 words)

 Future Positive : Front Page
The precise procedure by which the societally desired bounds on minimum guaranteed personal income and maximum allowable personal wealth could be determined depends, among other things, on the state of technological development of the particular democratic society.
But the fact that there is no widely accepted or widely known procedure for society to democratically decide desired magnitudes does not mean that no such procedure exists.
Overt or covert prohibition of third party candidates and acceptance of minority-rule plurality resolutions are two of many devices to dissolve the conflict. /2004/03/05   (444 words)

 Biblical Exegesis and Science... -John Suppe
Exegesis -- literally "to draw out" -- is the scholarly procedure of determining the meaning of texts, particularly ancient texts that were written in historical and cultural contexts substantially different from our own.
This is a key thread because much of the conflict between science and Christianity -- especially the conflict surrounding Creation -- hinges on Biblical exegesis.
Interpretation of the first few chapters of Genesis has been a central battleground of science and Christianity; but, as I read the conflict, Genesis, the Flood, and Creation vs. Evolution are merely diversions. /ACG/essays/suppe4.html   (838 words) - A Complete Research Guide to the Laws of the People's Republic of China (PRC)
Administrative regulations by the State Council (China's cabinet) cannot be in conflict with its statutes.
The cases collected in this publication were divided into twelve main legal topics: (1) constitutional law, (2) administrative law, (3) general civil law provisions, (4) family law, (5) heirloom law, (6) economic law, (7) military law, (8) criminal law, (9) administrative procedure law, (10) civil procedure law, (11) criminal procedure law, and (12) international law.
China Law and Practice is the electronic version of the journal under the same title published by Asian Law and Practice in Hong Kong. /features/prc.htm   (838 words)

 Henderson v. United States, 517 U.S. 654 (1996).
Though the Rules Enabling Act provides that all previously enacted laws that are "in conflict with" the Federal Rules of Civil Procedure "shall be of no further force or effect," 28 U.S.C. § 2072(b), it also expressly provides that the Federal Rules "shall not abridge, enlarge or modify any substantive right," ibid.
Moreover, Federal Rule of Civil Procedure 82 makes clear that the Rules of Procedure "shall not be construed to extend or limit the jurisdiction of the United States district courts." Given the jurisdictional nature of a waiver of sovereign immunity, allowing this suit to proceed also violates Rule 82.
I recognize that, under my reading of the Act, jurisdiction in an SAA suit may turn upon the plaintiff's use of registered mail, which is also specified in the sentence of §2 that requires process to be served forthwith. /supct/html/95-232.ZD.html   (838 words)

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