I found such gaps in nuance in this episode vexatious.
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"The whole judge's ruling was vexatious," Lyman said, referring to the redistricting.
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Barclays Finance Director Tushar Morzaria said many of the influx of enquiries were vexatious.
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Barclays' Finance Director Tushar Morzaria said many of the influx of enquiries were "vexatious".
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He says the government is breaking a manifesto promise to protect soldiers from vexatious legal claims.
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Darbishire said the only rational conclusion was that the case was politically motivated and therefore vexatious.
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However, Shivers has been known to the state of California as a vexatious litigant since 2008.
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We consider these are vexatious and politically motivated attacks from the Labour Party in City Hall.
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But whether you view this kind of litigation as public-spirited or vexatious will often depend on your politics.
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"In light of Barber's vexatious conduct, his objections to the class action settlement should be summarily rejected," the filing said.
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It said the company had had "no interactions whatsoever with Mr. Brown" and that his accusations are "vexatious and baseless".
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"While legitimate claims should be investigated according to due process, we cannot condone frivolous, vexatious and scurrilous allegations," he said.
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In her ruling, Judge Lorraine Schembri Orland described Degiorgio's attempt to stop the FBI from giving evidence as "frivolous and vexatious".
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" And Sigmund Freud declared that postmenopausal women were "vexatious and overbearing, petty and stingy," exhibiting "typically sadistic and anal-erotic traits.
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The potential roles that his daughter Ivanka Trump and her husband, Jared Kushner, may play in the administration are particularly vexatious.
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In the past, similar suits made by Shivers have been rejected by the court due to his standing as a vexatious litigant.
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The visual deluge of this terrific if vexatious show meditates on painting as object, performance, psychic communication, pleasure and, yes, salable product.
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But all cases, even vexatious ones, tie up resources at media outlets already struggling with collapsing circulation, disappearing advertising and costly buyouts.
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But subsequent attempts to build arts facilities here — from recital halls to contemporary art museums — have also faced drawn-out and vexatious opposition.
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The lawyer also argued the case was politically motivated and the judges said the magistrate was wrong not to have considered it to be "vexatious".
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Harrigan, who worked with the 2017 Derby entrant Sonateer and the Oaks entrant Vexatious, welcomes the idea of one day working with American Pharoah's foals.
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" — Benjamin Franklin, 1722 "There is nothing so fretting and vexatious, nothing so justly terrible to tyrants, and their tools and abettors, as a free press.
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That traditionalism can be vexatious in the ways we've been talking about — aesthetically and politically — but it can also be charming, even moving at times.
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Remember the next stage of the Brexit negotiations, covering Britain's long-term trading relations with the EU, will be even more vexatious than the current one.
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Mr. Nugent said he was aware of cases in which news organizations had "self-censored" to avoid the potential cost of a blasphemy complaint, however vexatious.
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"We will repay them with gratitude and put an end to the industry of vexatious claims that has pursued those who served in previous conflicts," she said.
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The mess over CETA is in part collateral damage from the row over the Transatlantic Trade and Investment Partnership (TTIP), a bigger and more vexatious EU-America agreement.
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They separated in 1963, but Ms. Williams refused to divorce, and she remained a vexatious presence in his life until she died in a car crash in 1968.
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Isabel and Curzon, in the midst of calling each other names like "muzzy-headed blatherskite" and "vexatious cabbagehead," argue over which army has their true interests at heart.
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The deer, seen over much of the island, have become a particularly vexatious issue, dividing residents and officials over the best strategy to contain them: to cull or sterilize.
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"The Government is concerned by reports that activists both here and overseas are seeking to frustrate certain developments with vexatious litigation through the courts," he said in an email.
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Visually they find the artist returning fully to two dimensions after her triumphal public sculpture, "A Subtlety, or the Marvelous Sugar Baby," the monumental and vexatious sugarcoated woman-sphinx of 2014.
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Rail startups also accuse various national champions of hogging the best rail slots, of engaging in predatory pricing and of pursuing vexatious litigation against them to push them out of the market.
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Anthony Oliver -- who claims the "Melrose Place" star drugged and raped him in 1998 when he was 16 years old -- is considered a vexatious litigant in the state ... according to court records.
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"This new federal lawsuit is the latest in a series of vexatious tactics by Pennsylvania Republican leaders attempting to cling to the unconstitutional 2011 map," Stanton Jones, a lawyer for the group, said on Thursday.
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To Saudi Arabia and the Emirates — and Bahrain and Egypt, who have joined them in the boycott — Qatar is a nation of vexatious meddlers, intoxicated by its own wealth, that needs to be cut down to size.
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So from an employer's point of view, the latest verdict somewhat reduces the risk of being taken to court by employees with vexatious demands to follow a religious practice or taboo of which they may be the sole adherent.
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On Tuesday, the journalist Emma Best, who the FBI has labeled a "vexatious" FOIA requester, filed dozens of requests with multiple government agencies, including the FBI, to find out how the coronavirus pandemic has impacted the agencies' FOIA operations.
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Federal judges can award attorneys' fees under a rule of civil procedure designed to deter forum shopping and "vexatious" litigation, a federal appeals court ruled on Tuesday in a decision that revived a proposed wage-and-hour class action.
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BrightEdge started by engaging in a smear campaign designed to lure the Debtor's customers and prospective customers to BrightEdge by making false and disparaging statements about Searchmetrics's products, and then initiated vexatious, baseless, and prolonged litigation against [Searchmetrics] on two fronts.
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The opinions expressed here are those of the author, a columnist for Reuters) * FACTBOX-LME sets out warehousing proposals LONDON, April 11 (Reuters) - The London Metal Exchange (LME) is returning once again to the vexatious issue of its warehousing function.
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"A lot of the PPI claims we are seeing are people who have never had a relationship with Barclays, I think the claims management companies are swamping the bank with vexatious claims," Morzaria said on a call with reporters on Thursday.
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In America police unions have protested about the increased workload associated with cameras, but in Britain boosters point out that they can cut the time spent dealing with vexatious complaints, and allow officers to record crime scenes rather than write down laborious descriptions.
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The Times Accountancy firm Grant Thornton, which has attracted national attention in recent months over a spat between its partners and its chief executive, has been criticised by High Court Judge Sally Barber for bringing a "misconceived, vexatious and irresponsible" legal challenge. bit.
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A close examination shows that the records are a combination of documents that prosecutors already had, handwritten notes about a taxi business, insurance papers, and correspondence from a woman described in court filings as a "vexatious litigant" who claims she is under government surveillance.
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High court Judge Malcolm Davis-White said in his ruling that some of the claims were "confused, imprecise and unclear to such an extent that I consider it vexatious" and said he had "serious doubts as to the truth" of some of his testimony.
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"Once again, a jury has listened to the testimony of both sides, and returned a verdict affirming what we've known all along: a responsible company would settle these cases and take care of their injured consumers, rather than forcing them through expensive and vexatious litigation just to delay justice," said lead attorney Mark Lanier of the Lanier Law Firm in Houston.
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Who else could play a fat, clever, funny, working-class girl who becomes a music journalist at 16 (!!), runs around 1990s London setting it on fire, and then realizes — while at a hot-tub party — that everyone in the music industry is a shallow, vexatious penis, and so flamboyantly cusses everyone out, while wearing a bikini made out of a trash bag?
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" John Randolph, a steadfast Republican but no lawyer, drafted the articles of impeachment against Chase, which broadly charged him with prostituting his high office to the low purpose of partisanship but, narrowly, rested on all manner of pettiness, including the charge that during Callender's trial Chase had used "unusual, rude, and contemptuous expressions toward the prisoner's counsel" and had engaged in "repeated and vexatious interruptions.
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In Queensland, the process for having someone declared a vexatious litigant is governed by the Vexatious Proceedings Act 2005, which supplanted an earlier Act. Importantly, the Act defines a vexatious proceeding to include a proceeding brought without merit or any prospect of success, with the consequence that it is not necessary to prove the existence of any improper motive in order to obtain relief under the Act. there were 26 people found to be vexatious litigants.
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Retrieved 5 January 2013. In 2010 the Rann government acted to strengthen the ability of the courts to act against vexatious litigants by "increasing the range of courts and tribunals that can declare people as vexatious". McGregor, Ken. (6 November 2010).
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Frances Edna "Elsa" Davis (1907-1989) was an Australian entertainer and performer, and notorious vexatious litigant.
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On 27 March 1953, on the basis of his having "instituted 40 litigations in the last five years", Collins was declared a vexatious litigant.Vexatious Litigant, The Canberra Times, (Saturday, 28 March 1953), p.4.Munro, P. (2008) "Meet the Vexatious Litigants", Sydney Morning Herald, 28 September 2008.
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Alexander Chaffers was a notorious lawyer who was a party in the scandal of Sir Travers and Lady Twiss in 1872 and was subsequently considered such a vexatious litigant that the Vexatious Actions Act was passed in 1896 to stop him. He died in a workhouse.
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Rather, a pattern of frivolous legal actions is typically required to rise to the level of vexatious. Repeated and severe instances by a single lawyer or firm can result in eventual disbarment. Some jurisdictions have a list of vexatious litigants: people who have repeatedly abused the legal system. Because lawyers could be disbarred for participating in this abuse of the legal process, vexatious litigants are often unable to retain legal counsel, and such litigants, therefore, represent themselves in court.
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In New South Wales, there were 43 people on the New South Wales Supreme Court's vexatious litigants register.
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Joly v Pelletier is a 1999 Ontario Superior Court of Justice case that dealt with the requirements of legal standing and vexatious litigants. The plaintiff, Rene Joly, filed a lawsuit in that was dismissed by Justice Epstein as frivolous or vexatious or an abuse of the process of the Court.
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He resigned from all his appointments and lived in retirement in London until his death. He never again saw his wife. Chaffers' subsequent vexatious litigation led to the passing of the Vexatious Actions Act in 1896. Twiss continued to research and publish on aspects of international law and kindred topics.
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Vexatious (foaled April 9, 2014 ) is an American Thoroughbred racehorse and the winner of the 2020 Personal Ensign Stakes.
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A public authority is not obliged to comply with a request for information if the request is vexatious.(s14(1)) A request is considered vexatious if it is ‘obsessive or manifestly unreasonable’, harasses the authority or causes distress to its staff, imposes a significant burden, or if the request lacks any serious value.
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In New Zealand a person may be declared a vexatious litigant by a High Court Judge on the application of the Attorney-General. A vexatious litigant must then apply to a High Court Judge for leave to commence any action. A decision by the High Court whether or not to grant leave cannot be appealed.
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Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender. A single action, even a frivolous one, is usually not enough to raise a litigant to the level of being declared vexatious.
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The term is not defined in statute law, but has been defined in legal cases. One of the earliest cases was Keaveney v. Geraghty,[1965] I.R. 551 where the plaintiff's libel proceedings were stayed on the grounds that they were frivolous, vexatious, and an abuse of the process of the court. The plaintiff was effectively declared a vexatious litigant.
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Under the Vexatious Actions (Scotland) Act 1898 the Lord Advocate can apply for an order under section 1 of that Act to prevent any person accused of vexatious litigation from raising any and all legal proceedings "unless he obtains the leave of a judge sitting in the Outer House on the Bills in the Court of Session, having satisfied the judge that such legal proceeding is not vexatious." A list of people who have had such an order brought against them is published on the Scottish Courts website. As of June 2018 there are ten names on this list.
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Biografie eines Nonkonformisten, Thorbecke 2018, page 78 f. Though business was better this time, Hermann was preoccupied with "worries due to the vexatious money".
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In all of the above cited cases, a litigant was only declared vexatious following a proceeding instated by the opposite party. Moreover, section 46’s scope is limited to judicial courts and judges. Administrative tribunals are legislative creations and they can only exist and function within the limits that are imposed by law. Administrative tribunals in Quebec cannot declare a person a vexatious litigant.
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Conduct that does not fit within the scope of the aforementioned categories. Examples include harming the competitive structure of the market, vexatious litigation and preferential treatment.
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Sibley was later determined to be a vexatious litigator. In 2012, Sibley unsuccessfully sued President Barack Obama, alleging that he was not a natural-born citizen.
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It has been a vexatious problem in evolutionary studies to explain how such cooperation should evolve, let alone persist, in a world of self-maximizing egoists.
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An Isaac Wunder order is an order issued by an Irish court restricting the ability of a vexatious litigant to institute legal proceedings without leave from that or another court, whether for a specified period of time or indefinitely. It is named after Isaac Wunder, an Irishman who became notorious for instituting a number of actions that were subsequently deemed by the court to be frivolous or vexatious.
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Abusive litigants in civil cases are most often classified as vexatious litigation, frivolous litigation, or both. A vexatious litigant seeks to harass or subdue an adversary. A frivolous litigant starts or carries on actions that have little or no merit and are very unlikely to be won. Litigants of this sort are often unable to find representation willing to accommodate them and thus must represent themselves in propria persona.
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As required by California law, the Judicial Council of California maintains an online Vexatious Litigant List containing the names of several thousand individuals and companies who have been deemed vexatious. Publication of this list began in 1991 and only orders filed from 1991 to the present are included on the list.Vexatious Litigant List Unless they are represented by an attorney, persons named on the list are prohibited from filing any new litigation in California without first obtaining permission from the presiding justice or presiding judge of the court where the filing is proposed. Under California Code of Civil Procedure § 391.7(a), any vexatious litigant who disobeys such a prefiling order may be punished for contempt of court.
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Wagner, (2007) 156 Cal.App.4th 963, 67 Cal.Rptr.3d 818. Evidence that a litigant is a frequent plaintiff or defendant alone is insufficient to support a vexatious litigant designation.
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Under the Constitution Act, 1867, section 92(14), each province is vested with the power to enact and apply laws relating to the administration of justice within its own territory. In Canada, Section 40 of the Federal Court Act and in Ontario Section 140 of the Courts of Justice Act, restrict the ability to introduce or continue proceedings for those who have instituted vexatious proceedings or conducted proceedings in a vexatious manner.
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Those were denied along with many other requests about the trial, some on the grounds that the requests were 'vexatious.' The investigators said they considered the requests to be harassment. . . .
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The first vexatious litigant law in the United States was enacted in California in 1963. By 2007 four more US states had passed similar legislation: Florida, Hawaii, Ohio, and Texas.
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The Administration of Justice Act 1696 (8 & 9 Will 3 c 11) was an Act of the Parliament of England, originally titled An Act for the better preventing of frivolous and vexatious Suits.
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The concept of vexatious litigation entered into law in 1896 with the Vexatious Actions Act, enacted in England and soon extended to Scotland and Ireland. This was primarily a response to the actions of Alexander Chaffers, a solicitor who filed numerous actions against leading members of Victorian society. When costs were awarded against him, he failed to pay.Alvin Stauber, "Litigious Paranoia: Confronting And Controlling Abusive Litigation In The United States, The United Kingdom", International Review of Business Research Papers, Vol.
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In the writ, Tampion claimed the judges had shown misfeasance, breach of duty and recklessness. The lawsuit was dismissed in the Supreme Court as "frivolous and vexatious" and an "abuse of the process of the court".
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The High Court of Australia has declared only four people to be vexatious litigants in its century-old existence, , whereas the Australian Federal Court system, established in 1976, has at least 49 names on its barred registry.
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Ars Technica After evading service, Carreon agreed in December 2012 to settle for costs of $725. He then "engaged in unnecessary, vexatious, and costly tactics" to determine the proper amount of attorney fees, but was ultimately ordered to pay $46,100.25.
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79.26 (December 24, 1898) p.404 1896: George Winthrop Fairchild joins Bundy Manufacturing Company as both an investor and director. 1898: About 9,000 Bundy Time Recorders have been produced; advertised as solving "vexatious questions of recording employee time".Aswad (2005) p.
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The court has discretion to dismiss an action where it is found to be frivolous, vexatious, or bound to be unsuccessful. Shareholders can also bring claims based on breaches for personal rights directly, such as having one's right to vote obstructed.
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A genuine dispute should not: # Be spurious, hypothetical, illusory or misconceived; # Be plainly vexatious or frivolous; # Be so devoid of substance that no further investigation is warranted; # Be merely spurious claim, bluster or assertion; and # Be merely fanciful or futile.
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Neither had vexatious claims been a problem for barristers – in any event, the present case was not vexatious and there were other hurdles, both procedural and financial, in the way of an unsuccessful litigant making unmeritorious claims against an expert.Lord Phillips, paras. 58–59. As there was no justification for continuing to hold that expert witnesses were "immune from suit in relation to the evidence they give in court or for the views they express in anticipation of court proceedings", he concluded that the immunity for claims for breach of duty (but not defamation) should be abolished.Lord Phillips, paras. 61–62.
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Roston v. Edwards, (1982) 127 Cal.App.3d at 847, 179 Cal.Rptr. 830. The moving party, in addition to demonstrating that the plaintiff is vexatious, must make an affirmative showing based on evidence that the case has little chance of prevailing on the merits.
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Shortly before his death Burgoyne was the object of a curious and vexatious prosecution, in which the vicar of his parish sued him for penalties under an old law for not having attended divine service during a period exceeding twelve months. The proceedings fell through.
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In later life, she filed multiple frivolous lawsuits. She was banned from the High Court by 1982 and formally became known as a "vexatious litigant" from 1987 who needed the court's permission for any further cases. The legal expenses ultimately led to her bankruptcy.
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His main argument was that the casual clause was "harsh and oppressive", asking the court to set aside this clause. Steelink then applied unsuccessfully to the High Court for Manu's action to be struck out claiming it was without merit and was frivolous or vexatious.
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The Administration of Justice Acts and the Act to protect Justices from Vexatious Actions, 2nd ed. 1848. :5. Supplements to Burn's Justice of the Peace, 1848, 1849, 1851, 3 vols. :6. The Nuisance Removal and Disease Prevention Acts, 2nd ed. 1849; 3rd ed. 1854. :7.
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Those on the vexatious litigant list are usually either forbidden from any further legal action or are required to obtain prior permission from a senior judge before taking any legal action. The process by which a person is added to the list varies among jurisdictions. In liberal democratic jurisdictions, declaring someone a vexatious litigant is considered to be a serious measure and rarely occurs, as judges and officials are reluctant to curtail a person's access to the courts. These legal actions occur in some countries of the former British Empire, where the common law system still remains: Australia, Canada, Ireland, New Zealand, UK, and US, which are specified below.
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A very vexatious thing was the ubiquitous dust. Every day, 10,000 bottles of mineral water were delivered to the shooting location. Hazards included sand vipers and venomous spiders that launched themselves at people from a couple of yards' distance. Some scenes were filmed at authentic Egyptian locales.
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This allows a diversity of genders. Any gender-related description should be allowable, through the Registrar may refuse vexatious or obscene applications. The law within Tasmania goes into effect on 5 September 2019, after royal assent was granted on 8 May 2019 by the Governor of Tasmania.
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Evidence was taken from the aristocrat Sir Francis Stuart who had seen Anne in her fits. Neile received £300 for bringing witnesses to the court.Frederick Madden, Issues of the Exchequer: James I (London, 1836), p. 31. The Gunters had to answer charges of making vexatious accusations of witchcraft.
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In February 2003, it was estimated the many legal challenges by Knight had cost the Victorian government over A$250,000, and approximately $128,000 had been spent since October 2001 on external legal advice to deal with Knight's legal appeals and Freedom of Information requests. On 19 October 2004, Knight was barred from launching any further legal action in Victoria's courts for ten years with a judge declaring him a vexatious litigant.Hoddle Street killer banned from court , The Age, 19 October 2004 He was the thirteenth person to be declared a vexatious litigant in Victoria since 1930, and the first prisoner. Knight is still able to make requests under the Freedom of Information Act.
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All communications with Acas are subject to privilege and are confidential unless the party waives that right. The parties may also settle a claim by a settlement agreement, or, if at a hearing, by drawing up a Tomlin Order and asking the employment tribunal to agree to the disposal of the case in accordance with that order. If a person habitually and without reasonable excuse brings vexatious proceedings in the employment tribunals, a government law officer may apply to the Employment Appeal Tribunal for an order declaring that person to be a vexatious litigant, which has the effect of barring that person from bringing further proceedings in the employment tribunals without the consent of the Employment Appeal Tribunal.
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Among them, there are: Nguiagain v. Commission de la fonction publique,[1996] R.J.Q. 3009 in which the judge rejected the plaintiff's motion for a mandamus to enjoin his union to revise the grievance that he had filed on the grounds that the motion was groundless and abusive; De Niverville c. Descôteaux,[1997] R.J.Q. 1049 where an injunction was rendered declaring the respondent, disbarred lawyer Descôteaux, as a vexatious litigant due to the multiple unfounded and frivolous actions that he had sought against the plaintiff De Niverville; and in Fabrikant v. Corbin,J.E. 2000-1347 a motion to declare the plaintiff Valery Fabrikant as a vexatious litigant was granted to the defendant, Dr. Corbin.
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McMahon, at 374. He once again ordered arbitration, issued a permanent injunction against any further state-court proceedings, and sharply criticized Eppenstein. MacMahon fined Eppenstein personally $1,000 for filing frivolous and vexatious papers under Federal Rule of Civil Procedure 11 and Title 28, Section 1927 of federal law.McMahon, at 375.
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The test for apprehension of bias is established in:Melo Sanchez v. Canada, 2011 FC 68 Further:R. v. Adam et al, 2006 BCSC 1540 (CANLII) : The CO may have acted without vexatious or malicious intent. He may have had entirely honourable principles in mind with a complete intent to observe the law.
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In South Australia, vexatious litigation laws were enacted in the mid-1930s with the Supreme Court Act 1935-1936, following similar laws enacted in Victoria. Stauber, Alvin. (2009). "Litigious Paranoia: Confronting And Controlling Abusive Litigation In The United States, The United Kingdom, And Australia ". International Review of Business Research Papers. 5:11. p22.
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As transportation improved and carriages became popular in the 18th and 19th centuries, however, collisions and carelessness became more prominent in court records. In general, scholars of England such as William Blackstone took a hostile view to litigation, and rules against champerty and maintenance and vexatious litigation existed.Sebok A. (2011). What is Wrong with Wrongdoing.
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Burnett says "Internet publication by media outlets opens the door wide to forum shopping, raising concerns that Canada will become a haven for libel plaintiffs who likely would not succeed in their more natural forum." Several online journalism forums in Canada have closed or restricted access drastically due to the exposure to nuisance or vexatious litigation.
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He further stated that a public interest litigation claiming that the encounter was stage-managed was dismissed by the Bombay high court. The court even dubbed it "vexatious litigation". He also justified the shootout, by stating that it had a demoralising effect on the Bombay underworld. In the aftermath of the Lokhandwala encounter, three dreaded shooters fled the city.
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In 1995, Congress passed the Private Securities Litigation Reform Act (PSLRA), claiming that the class action device was being used to injure "the entire U.S. economy" through nuisance filings, targeting of deep-pocket defendants, vexatious discovery requests, and "manipulation by class action lawyers of the clients whom they purportedly represent."H. R. Rep. No. 104-369, p. 31 (1995).
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"Government targets serial litigants clogging up the courts ". The Advertiser, Adelaide, South Australia. Retrieved 5 January 2013. Prior to that date, few people had been banned from bringing litigation to South Australian courts – by 2005, only two people were listed as having been declared as vexatious litigants, the first in 1997 and the second declared during that year.
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Peter Wilmshurst is a British medical doctor and successful whistleblower who has been the subject of multiple cases of harassment through vexatious libel actions brought by companies whose products he criticised as ineffective. He has also reported at least twenty doctors to the General Medical Council in the course of two decades of investigating research misconduct.
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The knight's fee, however, remained a knight's fee, and the pecuniary incidents of military tenure, especially wardship, marriage, and fines on alienation, long continued to be a source of revenue to the crown. But at the Restoration (1660) tenure by knight-service was abolished by the Tenures Abolition Act 1660, and with it these vexatious exactions were abolished.
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It instead issued an eightfold list of criteria for future court cases to look to in assessing what order they will make in relation to arrears, taking into account expert evidence including factors cited by the Council of Mortgage Lenders; the aim being to avoid either side engaging in frequent applications ("vexatious litigation") or other abuse of judicial process.
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Legal abuse refers to unfair or improper legal action initiated with selfish or malicious intentions. Abuse can originate from nearly any part of the legal system, including frivolous and vexatious litigants, abuses by law enforcement, incompetent, careless or corrupt attorneys and misconduct from the judiciary itself. Legal abuse is responsible not only for injustice, but also harm to physical, psychological and societal health.
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Published Tuesday, 4 July 1922. Retrieved from Trove, 5 September 2011. Contemporary newspapers rest much of the blame for this decision on the WAFL, suggesting that the WAFL's representative had "induced" the council to award sole control of the game in Western Australia to the coastal competition, and describing the WAFL's conduct towards the GFA as "unsportsmanlike", "vexatious" and "unfair".
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Legal abuse refers to abuses associated with both civil and criminal legal action. Abuse can originate from nearly any part of the legal system, including frivolous and vexatious litigants, abuses by law enforcement, incompetent, careless or corrupt attorneys and misconduct from the judiciary itself. Legal abuse is responsible not only for injustice, but also harm to physical, psychological and societal health.
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Brisbane City Council v Mathews, involved an application brought under the Vexatious Proceedings Act as a result of the numerous proceedings brought by the respondent Mathews against the Brisbane City Council (BCC) and other parties. Mathews was a disability pensioner as a result of a head injury he had sustained many years before, and his injuries affected his ability to concentrate for long periods. Justice Fryberg heard the application before all chamber applications in the list that day in order to assist the respondent, who was self-represented, in being able to present his case. After noting that Mathews had brought multiple proceedings, Justice Fryberg found that they were vexatious under the meaning of the Act: > The features of the proceedings to which I have been referred generally are > in my view accurately summarised by [counsel for the applicant].
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A (a Minor) v Minister for Justice and Equality, Refugee Applications Commissioner, Ireland and the Attorney General [2013 IESC 18, (2013) 2 ILRM 457] is an Irish Supreme Court case where the Supreme Court concluded that a certificate of leave to appeal was not required in order to appeal to the Supreme Court a decision of the High Court to dismiss proceedings as frivolous or vexatious.
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Richard Gurney stood for parliament in the Borough of Tregony three times and failed each time. In 1830, he claimed to be elected member of parliament for Tregony, but did not succeed in obtaining the seat. He petitioned Parliament, claiming to have been returned by the legal returning-officer and accusing his opponents of bribery. The petition was found frivolous and vexatious and Gurney was awarded costs.
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They dismissed the petition, but noted that it was neither frivolous not vexatious. At the general election in 1865, Cargill Mitchell won the seat from Cargill. Cargill unsuccessfully contested Berwick-upon-Tweed at the 1880 general election.Craig, page 300 At the Berwick-upon-Tweed by-election in 1881, Cargill arrived at the town and announced his intention to stand, but does not appear to have been nominated.
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In 2013 Robertson was appointed an honorary associate of the National Secular Society. On 28 January 2015 he represented Armenia with barrister Amal Clooney at the European Court of Human Rights (ECHR) in the Perinçek v. Switzerland case."ECHR adjourns ruling on Turkey's Worker's Party chair over 1915 statements", Hürriyet Daily News, 28 January 2015 He called Doğu Perinçek a "vexatious litigant pest" at the ECHR hearing.
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She assisted him with mathematical and astronomical calculations. Beaufoy was commissioned Captain of the Hackney Volunteer Company in 1794 and Colonel of the 1st Regiment of Tower Hamlets Militia in 1797. However, in October 1813 he was court-martialled for the "vexatious and frivolous" disciplining of a junior officer and was relieved of his command in January 1814. His grandson, Mark Hanbury Beaufoy, was an English vinegar manufacturer and politician.
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Fitzroy also insisted that the New Zealand Company pay the Māori a realistic price for the land they claimed to have purchased. These moves made him very unpopular. Land sales were a continuing vexatious issue. The settlers were eager to buy land and some Māori were willing to sell, but under the provisions of the Treaty of Waitangi, land sales required the Government as an intermediary, and were thus extremely slow.
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Raymond Hill defined an enueg as "the enumeration in epigrammatic style of a series of vexatious things". He finds the genre continued in later medieval Catalan, Italian, French, and Galician-Portuguese literature. Ernest Wilkins considered William Shakespeare's Sonnet LXVI an example of an English enuig, citing also example from Petrarch. Richard Levin considers the anonymous English poem beginning "Whear giltles men ar greuously opreste" to be an enuig.
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The solicitors repeated demands. They were not heard. So they went to the Chancery Court and presented a petition to wind up the company on the ground that it was insolvent under the Insolvency Act 1986 ss 122(f) and 123(1)(a). Straight away Cornhill Insurance claimed that Improvement Services was engaged in frivolous, vexatious litigation and applied for an injunction to restrain the winding up petition.
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29 Dec. 2008; retrieved 22 Mar. 2011. He has, however, no academic training and no command of the Chinese language, which his critics argue prevents him from understanding original source material relevant to his thesis. Menzies trained as a barrister, but in 1996 he was declared a vexatious litigant by HM Courts Service which prohibits him from taking legal action in England and Wales without prior judicial permission.
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Sapers served as interim Leader of the Opposition after Grant Mitchell resigned in 1999. On March 19, 1996 Sapers along with Liberal leader Grant Mitchell were sued by a company called Hotel de Health. After the company CEO, Robert Talbot, believed that the member made defamatory remarks after the company investigated building and operating private hospitals in Alberta. The lawsuit was without merit and mirrored Talbot's pattern of launching vexatious lawsuits.
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In law, frivolous or vexatious, is a term used to challenge a complaint or a legal proceeding being heard, or to deny or dismiss or strike out any ensuing judicial or non-judicial processes. The term is used in several jurisdictions, such as Ireland and New Zealand. While the term is referenced in laws and regulations, it is often not defined by statute, being developed instead by decisions of the courts.
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Kazan was a border post between Volga Bulgaria and two Finno-Ugric peoples—the Mari and Udmurt. Another vexatious question is where the citadel was built originally. Archaeological explorations have produced evidence of urban settlement in three parts of the modern city: in the Kremlin; in Bişbalta at the site of the modern Zilantaw monastery; and near the Qaban lake. The oldest of these seems to be the Kremlin.
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He was accused of thievery and dishonor, and called the prime mover in England on behalf of Boston's radical Committee of Correspondence. The Board of Trade dismissed Franklin from his post as colonial Postmaster General, and dismissed the petition for Hutchinson's removal as "groundless" and "vexatious".Penegar, pp. 83–97 Parliament then passed the so-called "Coercive Acts", a package of measures designed to punish Massachusetts for the tea party.
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If the plaintiff is so determined, a bond may be required, and if the bond requirement is not met within a specified time period, a judgment of dismissal is ordered. A finding of vexatiousness is not an appealable order, but a dismissal for failure to post a bond requirement based on a judgment of vexatiousness is appealable. Habeas petitions do not count towards vexatious litigant determination.In re Bittaker, (1997) 55 Cal.App.
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C-25, s. 46 Section 46 vests a very broad power on judicial courts and judges to ensure that the administration of justice is conducted according to decorum and according to the remedial nature of justice. As the courts's decisions have shown it, the authority to declare a litigant as vexatious is directly tributary to the power conferred by section 46. Cases illustrating the application of section 46 are numerous.
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The term "false alarm" is actually a misnomer, and is regularly replaced by the term "nuisance alarm". When a sensor operates, it is hardly false, and it is usually a true indication of the present state of the sensor. A more appropriate term is nuisance, indicating that the alarm activation is inconvenient, annoying, or vexatious. A prime example of this difference is burglar alarms being set off by spiders.
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A year later, Monger claimed that Bennett had stolen the two bullock's horns, and a number of other objects including 3 boards, screws and nails, a button, a pick and some tobacco. Monger pressed criminal charges against Bennett. Bennett successfully defended these charges and then sued Monger for £2,000 damages for malicious and vexatious prosecution for felony. Bennett was successful and recovered £40 damages (being the costs he had spent defending the criminal charges).
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In December 2013 the Trust had to cancel non-urgent operations and appointments due to increased pressure on their A&E; units. In April 2014 it was revealed that the Trust had mislaid up to 270,000 ultrasound scans which were stored on obsolete technology dating back to 2004. Andrew Brown, whose complaints led to this revelation had been labelled a ‘vexatious complainant’ after raising concerns about his treatment at Worcestershire Royal Hospital over several years.
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Police stations became more sensitive to threats, with people making threats temporarily detained and their houses searched for weapons. When issuing weapon licenses, the application is closely examined, since Leibacher had been diagnosed with a paranoid personality disorder and "brain weakness" ("Gehirnschwäche"). He was legally able to buy the weapons although he had already threatened people, had been known as a querulous vexatious grumbler, and had had a report made against him.
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His providence directs the vexatious shower of rain, and the ill-timed visitor, as certainly as it rules the issue of life and death. "[All good works] with delicate instruments and the importance of great events can only be justly examined by the effects which they produce upon the character". Christian patience is to bear the interruption of humor. Subdue the self-will so that the weight of each affliction doesn't increase with any encouragement.
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In civil law jurisdictions, abuse of rights (also known as Prohibition of Chicane) is the exercise of a legal right only to cause annoyance, harm, or injury to another. The abuser is liable for the harm caused by their actions. Some examples of this are abuse of power, barratry, frivolous or vexatious litigation, a spite fence or wall, forum shopping, abuse of process, malicious prosecution, tax avoidance (vs. anti-avoidance rules, step transaction doctrine, economic substance), etc.
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" Squires intercepted letters from Mattioli to Moore and planned to include them in her autobiography, but the couple won injunctions against the publication in 1977, which led Squires to unsuccessfully sue them for loss of earnings. The numerous legal cases launched by Squires led her to be declared a vexatious litigant in 1987.Retrieved May 2017 Moore paid Squires's hospital bills after her cancer treatment in 1996, Squires died in 1998."Moore pays for Squires operation.
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The English practice of charging 'foreigners' double taxation had existed in Cornwall for over 600 years prior to the 1836 Act and was first referenced in William de Wrotham's letter of 1198 AD, published in G. R. Lewis, The Stannaries [1908]. The campaigning West Briton newspaper called the racially applied tax "oppresive and vexatious" (19 January 1838). In 1856 the Westminster Parliament was still able to refer to the Cornish as aboriginals (Foreshore Case papers, Page 11, Section 25).
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The duties all around amount to 50% of the cost. At various times the firm protested against the burden, with the effect that 5% was taken off, leaving a duty of 45%. This state of things also prevailed on the continent to a greater or lesser extent, and the result was that Mr. Fox was not slow to recognize the fallacy of free trade doctrines. His French businesses was hampered, to a most vexatious extent, by the fiscal regulations.
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So the term "insert" is often confined to views of objects—and body parts, other than the head. Often inserts of this sort are done separately from the main action, by a second-unit director using stand- ins. Inserts and cutaways can both be vexatious for directors, as care must be taken to preserve continuity by keeping the objects in the same relative position as in the main take, and having the lighting be the same.
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Vexatious's first race was on October 28, 2016, at Santa Anita, where he came in third. He picked up his first win in a Maiden Special Weight race on November 26, 2016, at Del Mar. He started competing in stakes races during the 2017 season. Through five stakes races, his best results were 3rd-place finishes at the Grade-2 April 1, 2017 Fair Grounds Oaks and the April 14th, 2017, Grade-3 Fantasy Stakes. Vexatious did not pick up another win until August 15, 2018, when he won the listed August 15, 2018, CTT and TOC Stakes (Black Type) at Del Mar. On October 21, 2018, he won his first graded stakes race when he won the Grade-3 2018 Dowager Stakes after Beach Flower was disqualified. Vexatious came into the race at 4:1 odds and received $75,000 for the victory. He followed the victory up with a 3rd-place finish at the November 22nd, 2018, Grade-3 Red Carpet Handicap to close the 2018 season.
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Ordinarily, bills of indictment were preferred after there had been an examination before the magistrates. But this need not always take place. With certain exceptions, any person would prefer a bill of indictment against another before the grand jury without any previous inquiry into the truth of the accusation before a magistrate. This right was at one time universal and was often abused. A substantial check was put on this abuse by the Vexatious Indictments Act 1859.22 & 23 Vict. c.
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A shrew's fiddle, used as mobile stocks for women in Austria and Germany during the Middle Ages. The large hole was for the neck with the smaller holes being for the wrists. By the middle 16th century, the opposing extremes of wifely personality traits were contrasted as "shrew" vs. "sheep". The earliest-known formal definition of shrew as applied to people is Samuel Johnson's, in the 1755 A Dictionary of the English Language: "peevish, malignant, clamorous, spiteful, vexatious, turbulent woman".
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Allegedly Pinson had conducted a campaign of vexatious litigation against Hugh Davies, the chaplain involved in the incident. Pinson maintained that "Mr. Davies refused to church her, and so she departed unchurched, to her and his grief." This may have been disingenuous, as the churching of women had provided a focus for Puritans in the West Midlands to confront the High Church establishment for some time.Calendar of State Papers, Domestic Series, of the Reign of Charles I, 1640, p. 379.
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A bogus or dishonest law firm is a valuable tool to a scammer in various ways. It can send requests for upfront payments in relation to inheritances coming from unknown relatives, a form of advance fee fraud. It also makes an effective fraudulent collection agency, as victims fear having to pay their own counsel hundreds of dollars per hour to defend against frivolous, vexatious or completely unfounded claims. In some cases, the dishonest lawyer is merely part of a larger fraudulent scheme.
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The success of his visit to America was unequivocal, although he fell into a vexatious dispute with the press. In 1821, he appeared in Boston with Mary Ann Duff in The Distrest Mother, by Ambrose Philips, an adaptation of Racine's Andromaque. On 4 June 1821, he returned to England. Kean was the first to restore the tragic ending to Shakespeare's King Lear, which had been replaced on stage since 1681 by Nahum Tate's happy ending adaptation The History of King Lear.
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Carreras' career would end on a sour note: when playing for the Basque side, he clashed with eccentric owner/chairman/manager Dmitry Piterman.Carreras denuncia el "trato vejatorio" de Piterman (Carreras denounces "vexatious treatment" by Piterman); 20 minutos, 16 February 2006 (in Spanish) Teammate Roberto Bonano, who stepped up in his defense, was also suspended;Bonano se planta ante Piterman y le dejan solo (Bonano confronts Piterman and is left alone); Gara, 21 February 2007 (in Spanish) both retired shortly afterwards.
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In 2014 it was reported that Elizabeth, the mother of brothers Christopher, Paul and Michael, had filed an application in the High Court at Auckland to force her son Christopher to repay a mortgage registered over her St Heliers property. He defended the action, stating that the claim was misconceived. In late 2018, the legal dispute was comprehensively settled when the Judge threw out a number of courses of action and awarded $650,000 in costs to Christopher, describing the case brought by Elizabeth as “vexatious and frivolous“.
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The Court declared the case to be "exceptional" under 15 U.S.C. § 1117(a) and ordered Central Mfg. to pay Pure Fishing’s costs, charges and disbursements, including a reasonable attorneys' fees, incurred in the action. The court further ordered that Stoller and his companies were "vexatious litigants" and barred them "from instituting any lawsuit or trademark opposition without prior leave of this Court pursuant to this Court’s authority under the All Writs Act, 28 U.S.C. § 1651(a)." The court also cancelled the marks asserted in the Complaint.
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The Magistrate stated that all actions had been based on blatant lies and instigated due to jealousy, vindictiveness and intrigue. Eventually, the highest Law Court in Malta under its Constitutional jurisdiction declared that all the actions against Frans Said were frivolous and vexatious and awarded him appropriate damages. This judgement was further confirmed and enforced by The European Court of Human Rights (ECtHR) in Strasbourg which also awarded further damages. During his tenure of office, Frans represented Malta in many international fora mainly connected with “oil”.
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He presented himself as polite, articulate, intelligent and appeared to understand completely the issues before the Court and the consequences should I grant the relief sought. Thus, Judge Epstein proceeded with the case, and following a motion filed by the defense, dismissed the case as frivolous and vexatious, explaining: :Rule 1.03 defines plaintiff as "a person who commences an action". The New Shorter Oxford English Dictionary defines person as "an individual human being". Section 29 of the Interpretation Act provides that a person includes a corporation.
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Immediately after Steve's marriage - his ex-wife, began an incessant barrage of harassment and vexatious litigation ultimately draining him financially and causing Steve to leave the group he loved and whose voice had become a country music mainstay. 8 hours after Steve took his life, sheriff's officers showed up with the most recent and final set of papers filed by Ms. Milbourn. Years later, the Oak Ridge Boys would be inducted into the Country Music Hall of Fame. They have yet to include Steve Sanders.
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Robertson wrote verses to his wife in the Gentleman's Magazine, July 1736, p. 416\. Unable to collect the tithe of agistment (pasturage for dry cattle), Robertson published A Scheme for utterly abolishing the present heavy and vexatious Tax of Tithe, which went through several editions; his proposal was to commute the tithe into a land tax. This pamphlet attracted the attention of Charles Cathcart, 8th Lord Cathcart, who appointed Robertson his chaplain. In 1766 Robertson published anonymously An Attempt to explain the Words, Reason, Substance.
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By 1982, she had been banned from the High Court, having spent much of her fortune on legal fees. Her numerous lawsuits caused the High Court on 5 March 1987 to declare her a "vexatious litigant", preventing her from commencing any further legal actions without the permission of the Court. In 1988, following bankruptcy proceedings, she lost her home in Bray, to which she returned the following night to recover her love letters from Moore. Her last concert was in 1990, to pay her Community Charge.
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Cotton married Frances Stapleton, daughter and co-heiress of James Russel-Stapleton Esq in 1767. In 1774 they were visited at Llewenli Hall by Sir Robert's cousin, Hester Thrale, who was accompanied by the noted writer, Samuel Johnson; Frances "found Johnson, despite his rudeness, at times delightful, having a manner peculiar to himself in relating anecdotes that could not fail to attract old and young. Her impression was that Mrs. Thrale was very vexatious in wishing to engross all his attention, which annoyed him much".
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In U.S. v. Aisenberg the Aisenbergs and Barry Cohen's firm were awarded $2.9 million in legal fees and costs, under the Hyde Amendment. In a 98-page document, Judge Steven D. Merryday of the Middle District of Florida reviewed the case and explained why he ordered the federal government to pay a record-setting $2.9 million in legal fees and expenses under the Hyde Amendment for bringing a prosecution that was "vexatious, frivolous, or in bad faith." The judge's long decision is highly critical of the government.
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The change, he said, had not led to an increase in vexatious claims or a reduction in the performance of duties owed by advocates to the court. Lord Hope, in the minority, said that experts and advocates had different functions and so disagreed with the comparison. He also pointed out that English law would now be different from Scots law on this issue. The judgment has been called a "landmark ruling" by the Law Society Gazette, with lawyers saying that the decision was expected but long overdue.
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Awesa was appointed Minister for Works and Implementation after the 2012 election, losing the transport portfolio. In October 2012, his re-election was challenged in the National Court by opponent Pila Niningi. After the court dismissed Awesa's attempt to have the case thrown out as vexatious, it then shifted the trial from Mendi to Mount Hagen due to threats from his supporters. However, in January 2013, Niningu's challenge was dismissed on the grounds of incompetency, with leave to appeal being denied in April 2014.
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The tort originates in the (now defunct) legal maxim that "the King pays no costs"; that is, the Crown could not be forced to pay the legal costs of a person it prosecuted, even if that person was found innocent. As The London Magazine stated in 1766: "if a groundless and vexatious prosecution be commenced in the King's name, his ministers who commenced, or advised commencing that prosecution, ought at least to be obliged to pay the costs which an innocent subject has thereby been put to".
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Their applications failed at first instance and on appeal, but succeeded in the Privy Council. In handing down the judgment of the Privy Council, Lord Goff elaborated on the jurisdiction to grant anti-suit injunctions following his earlier decision in , and set out the basic principles to be applied in relation to applications for such injunctions. He held that it was not enough that the foreign court was not the most appropriate forum - it was necessary to show that the foreign proceedings must be "vexatious or oppressive" for an injunction restraining them to be issued.
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He then noted that earlier authorities had been "overtaken by events", and now needed to reconsidered in light of the Spiliada decision. He added that to obtain an injunction it was not sufficient to merely show that the foreign court was not the natural forum, although that would clearly be necessary. In addition it would be necessary to show that (a) being forced to contest the foreign proceedings would be vexatious or oppressive, and (b) that restraining the foreign proceedings would not deprive the other party of a legitimate advantage in those proceedings.
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He served one term, and was succeeded the following year by James Catton, another Republican. In the autumn of 1856 he was elected by the new party as clerk of the board of supervisors of Racine County, a position he held for two years. In the autumn of 1856 his barn, which contained all his crops and farming implements, burnt down with all its contents. During his term of office he speculated in personal loans, often to his profit; but also sustained reverses in that business, and in several years of expensive and vexatious litigation.
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Stampp condemns such an argument and likens it to pro-slavery arguments before the Civil War, which were "based on some obscure and baffling logic" (429). Stampp held that the national debate over the morality of slavery was the focal point of the U.S. Civil War, rather than states' rights in rejection of the Slavery Amendment. Stampp wrote, "Prior to the Civil War southern slavery was America's most profound and vexatious social problem. More than any other problem, slavery nagged at the public conscience; offering no easy solution..." (vii).
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Department of Justice lawyers claimed Abousfian's lawsuit was meritless because Canadian laws do not apply overseas. The government characterized the lawsuit as mostly frivolous and vexatious, and claimed that "no such tort has been recognized in Canadian law" for failing to prevent torture at the hands of others. Abousfian's lawyer stated in response, "I expected the government would approach us about an apology and a settlement, instead they have been entirely unrepentant." The outcome of the case will most likely set several new legal precedents with regards to the Canadian Charter of Rights and Freedoms.
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After the Cowan Report criticized the University for being too "vague" and "slow" in dealing with Fabrikant, in 1995 they appointed an advisor to implement a "Code of Rights & Responsibilities", and later a "Code of Ethics", adopted in 1997, and created civil behaviour and conflict resolution initiatives like the Peace and Conflict Resolution Series in 2003. He was sentenced to life in prison and was denied parole or temporary leave in 2015. After he filed numerous court proceedings, the Quebec Superior Court declared him a vexatious litigant, in 2000.
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Nikolaus had eight years prior to this date built the Eszterháza palace southeast of Vienna (in Hungary), where the court resided for most of the year. While the palace itself was one of the most splendid in Austria, and was dubbed the "Hungarian Versailles",Robbins Landon and Jones (1988), p. 95 it was built over a large swamp; it was humid throughout the year, with a "vexatious, penetrating north wind"from a letter by Haydn, quoted in Geiringer (1982), p. 60 from which Haydn and the other musicians in the court suffered.
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In the other districts, with the exception of Allenstein, Poles depicting themselves as Mazurians were Lutherans and German in a national conviction. On the eve of the plebiscite, Beaumont reported Poles strictly guarding the new frontier between East Prussia and Poland to prevent people from passing to East Prussia without vexatious formalities. They held up trains for hours and constantly interrupted or even completely suppressed postal, telegraphic and telephonic communication service. The at Dirschau was barred by sentries, in French uniforms, "who refuse to understand any language but Polish".
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The Act purported to place both sides of industry in equal footing allowing all breaches of contract to be covered by civil law. Prior to the Act, employers were subjected to civil law which could result in a fine while employees could be subjected to criminal law which may have led to a fine and imprisonment. Disraeli proudly commented, "We have settled the long and vexatious contest between capital and labour" and hoped this would "gain and retain for the Conservatives the lasting affection of the working classes".
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When he applied for readmission, he was rejected. Blaming Lord Esher for his woes, Yeatman accused him of participation with others in a "conspiracy to destroy his career", claiming "an additional 10,000 pounds for alleged slander from the bench".Taggart, Michael, "Alexander Chaffers and the Genesis of the Vexatious Actions Act 1896", The Cambridge Law Journal, Volume 63, Issue 03, November 2004, pp 656-684 He was unsuccessful. Yeatman pursued his vendetta against Esher in The Judicature Quarterly Review, only one issue of which ever appeared, published in January 1896 and entirely written by Yeatman.
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The principality released a number of stamps and coins. In about 2006, the Prince was again successfully prosecuted by the ATO. He sought special leave to appeal to the High Court of Australia, but his application was dismissed with the comment that his arguments were "fatuous, frivolous and vexatious".. In September 2006, Prince Leonard decided to change the province's name to "Principality of Hutt River".Micronation renaming In January 2017, The Prince announced that, after ruling for 45 years, he would be stepping down as prince, to be succeeded by his youngest son, Graeme.
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On reappearing in London at Covent Garden in Marplot, in October 1763, Woodward, who had spoken in Dublin many prologues of his own writing, delivered one entitled "The Prodigal's Return"; this occasioned a vexatious charge of "ingratitude" when in 1764 he revisited Dublin. At Covent Garden he played some of the parts in which he had been seen in Ireland. In November 1770, as Marplot in The Busie Body he made under Samuel Foote his first appearance in Edinburgh, playing a round of characters. On his homeward journey he acted under Tate Wilkinson in York.
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Hulagu's second son, Aḥmed, embraced Islam, but his successor, Arghun (1284–91), hated the Muslims and was friendly to Jews and Christians; his chief counselor was a Jew, Sa'ad al-Dawla, a physician of Baghdad. It proved a false dawn. The power of Sa’ad al-Dawla was so vexatious to the Muslim population the churchman Bar Hebraeus wrote so “were the Muslims reduced to having a Jew in the place of honor.” This was exacerbated by Sa’d al-Dawla, who ordered no Muslim be employed by the official bureaucracy.
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In his time the financial situation of the Empire was dire, and certain social classes had long been oppressed by burdensome taxes. In dealing with the complicated questions that arose, Mahmud II is considered to have demonstrated the best spirit of the best of the Köprülüs. A Firman of 22 February 1834 abolished the vexatious charges which public functionaries, when traversing the provinces, had long been accustomed to take from the inhabitants. By the same edict all collection of money, except for the two regular half-yearly periods, was denounced as an abuse.
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The judge called the prosecution's case "vexatious, frivolous, or in bad faith". The judge's decision is highly critical of the prosecutor's tactics. The judge ordered the government to release to the public the grand jury transcripts as “the public is entitled to know” about the “misdirected and overzealous prosecutorial exertions” in this case. The controversy surrounding the Aisenberg case has been covered on numerous media outlets, including the CBS program 48 Hours as well as The Oprah Winfrey Show, Dateline NBC, Good Morning America, and the Today Show.
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A branch line to Dunfermline had been added to the plans at the last moment; it was to leave the main line at Thornton. Although Dunfermline was an ancient and important Burgh, the primary objective of the line was to pass through the rich West Fife coalfield. It was opened as far as Crossgates, a little short of Dunfermline, in September 1848. It was halted there while a vexatious battle took place in Parliament over the arrangement to cross, on the level or otherwise, the long-established Halbeath Railway which intersected its proposed route.
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In 1853 he succeeded Edward Hawtrey as head master at Eton. His rule on the whole was beneficial to the college. He aimed at a very complete reconstruction of the system of teaching; he made discipline a reality, while he abolished many vexatious rules which had needlessly restricted liberty, and would have done more but for the veto of the Provost, Dr Hawtrey. In 1854 he edited P. Terentii Afri Comœdiæ, a work which he had printed chiefly to present as a leaving book to his sixth-form boys.
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Judges have been given judicial immunity to preserve their important governmental function. If judges were personally liable for erroneous decisions, the resulting avalanche of suits, most of the frivolous but vexatious, would provide powerful incentives for judges to avoid rendering decisions likely to provoke such suits. Truly judicial acts, however, must be distinguished from the administrative, legislative, or executive functions that judges may occasionally be assigned by law to perform. Here, the promoting and demoting of aids can be classified as an administrative act, not a judicial one.
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There was a violent anti- government demonstration which took place at the end of the third war of independence. It was organized by disappointed former partisans (who had joined the 'Thousand' after their landing and those who had followed Garibaldi in Aspromonte in 1862). Among the causes: the growing misery of the population; cholera and its 3,977 victims in the city and district; the chauvinism of Northern state officials, who considered "the people of Palermo almost barbarians"; and the heavy police measures and vexatious constraints placed on the populace.
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Plays were written to make fun of plays or to counter the success of plays (like the reaction against and for Cato and, later, Fielding's The Author's Farce). Therefore, history and literature are linked in a way rarely seen at other times. On one hand, the metropolitan and political writing can seem like coterie or salon work, but on the other hand, it was the literature of people deeply committed to sorting out a new type of government, new technologies and newly-vexatious challenges to philosophical and religious certainty.
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In 1993 the Eleventh Circuit Court of Appeals determined that his mother was acting in concert with him by filing a federal civil rights action against several Florida state officials. The court noted similar wording in the suit filed by Martin's mother and a petition filed by Martin himself. In throwing out the suit, the Eleventh Circuit called Martin "a notoriously vexatious and vindictive litigator who has long abused the American legal system." Most recently, a libel and invasion of privacy suit against Media Matters and its founder, David Brock, was dismissed with prejudice because Martin had violated the terms of the injunction.
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The Larceny (Advertisements) Act 1870 (33 & 34 Vict c 65) was an Act of the Parliament of the United Kingdom. According to its preamble, the purpose of this Act was to discourage vexatious proceedings, at the instance of common informers, against printers and publishers of newspapers, under section 102 of the Larceny Act 1861. This Act was repealed by section 33(3) of, and Part II of Schedule 3 to, the Theft Act 1968. This Act was retained for the Republic of Ireland by section 2(2)(a) of, and Part 4 of Schedule 1 to, the Statute Law Revision Act 2007.
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Born Joan Waller in 1882, she married John Leonard Cather in 1908. Her husband was a former Royal Navy Lieutenant and on leaving the service became by 1911 Census, a Motor Body Builder. Cather was not recorded in the 1911 Census, along with other women refusing to be 'counted' if they had no right to vote. Her husband supported her position as he had annotated the Census form that he had 'conscientious scruples' as head of household to note any 'female occupants' to avoid the census statistics being used by legislators for 'further vexatious legislation' against women 'in which they have no voice'.
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Professor Dirk Voorhoof of Ghent University praised the judgment, arguing that it "would certainly be a sad day for freedom of expression in Europe" if the judgment was successfully appealed to the Grand Chamber. The Armenian writer Harut Sassounian described the Court's 2013 judgment an endorsement of the denialist stance of both Turkey and Perinçek. Geoffrey Robertson QC called Perinçek a "vexatious litigant pest" at the European Court of Human Rights hearing.Third Party - Armenian Government's observations, Hearing of Perinçek v Switzerland Case January 28th, 2015, European Court of Human Rights Australian Turkish Advocacy Alliance has accused Geoffrey Robertson and Amal Clooney of hypocrisy.
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Cheaply constructed wooden platforms were opened at Alverstone, Newchurch, Merstone and Blackwater, probably just in time for Coronation Day 1876. A vexatious dispute arose over the apportionment of contributions to the cost of the Newport viaduct and bridge, and resort to arbitration, and then a Parliamentary Bill to revive expired powers, delayed opening. An inspection by Major General Hutchinson in October 1878 resulted in the design strength of the bridge girders being questioned. This seems to have been resolved and in March 1879 he approved the bridge but objected to the junction connection between the two railways' lines.
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Jones (1969) p.50 The Attorney General also superintends the Government Legal Department and the Serious Fraud Office. The Attorney General also has powers to bring "unduly lenient" sentences and points of law to the Court of Appeal, issue writs of nolle prosequi to cancel criminal prosecutions, supervise other prosecuting bodies (such as DEFRA) and advise individual ministers facing legal action as a result of their official actions. They are responsible for making applications to the court restraining vexatious litigants, and may intervene in litigation to represent the interests of charity, or the public interest in certain family law cases.Attorneygeneral.gov.
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In a letter from October 1499, Arthur, referring to Catherine as "my dearest spouse", had written: > "I cannot tell you what an earnest desire I feel to see your Highness, and > how vexatious to me is this procrastination about your coming. Let [it] be > hastened, [that] the love conceived between us and the wished-for joys may > reap their proper fruit." The young couple exchanged letters in Latin until 20 September 1501, when Arthur, having attained the age of 15, was deemed old enough to be married. Catherine landed in England about two weeks later, on 2 October 1501, at Plymouth.
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In the beginning only seven children were in the establishment, but it soon developed and was transferred from its poor quarters in the Faubourg Saint-Marceau, to a better location in the Rue Vaugirard. At the time of the Revolution of 1830, the first two institutions disappeared, but the Institution Saint-Nicolas remained. It had many difficulties to overcome; the resources were insufficient; proper instructors could not always be found; suspicions of political intrigues were entertained by the Government, which led to various vexatious inquiries. De Bervanger succeeded in overcoming all obstacles, and the institution became more and more prosperous.
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Nowadays a comparison with other professionals demonstrated that barristers' immunity against being sued in negligence was anomalous. Allowing civil action was unlikely to produce a flood of claims and, even if some claims did emerge, a claimant alleging that poor advocacy resulted in an unfavourable outcome would face the very great difficulty of showing that a better standard of advocacy would have resulted in a more favourable outcome. Unmeritorious and vexatious claims against barristers are simply struck out. Thus, it was no longer in the public interest that the immunity in favour of barristers should remain in either civil or criminal cases.
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He then appealed to the United States Court of Appeals for the Seventh Circuit—to try to obtain a reversal of the trial court's refusal to order the government to compensate him for the legal fees he had incurred. At the Court of Appeals, Lawrence contended that he should be reimbursed because the government's conduct against him had been "vexatious, frivolous, or in bad faith." He raised his PRA/OMB control number argument—an argument he had also raised at the trial court level. In March 2007 the United States Court of Appeals for the Seventh Circuit rejected the OMB argument.
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However, they found a wide field of applications when the Soviet Union became one of the most common but by no means exceptional cases. According to American psychiatrist Jonas Robitscher, psychiatry has been playing a part in controlling deviant behavior for three hundred years. Vagrants, "originals," eccentrics, and homeless wanderers who did little harm but were vexatious to the society they lived in were, and sometimes still are, confined to psychiatric hospitals or deprived of their legal rights. Some critics of psychiatry consider the practice as a political use of psychiatry and regard psychiatry as promoting timeserving.
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In November 1640, due to the influence of his son-in-law Thomas Luttrell (1583–1644) of Dunster Castle, Somerset, Popham was elected MP for the Luttrell pocket borough of Minehead in the Long Parliament and sat until his death. Popham was considered to have inherited his father's grasping disposition. He was constantly involved in lawsuits, which he was charged with conducting in a vexatious manner. Like his father, he took an active interest in the settlement of the North American colonies of Virginia and New England, and was a member of council of both colonies.
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Therefore, experts would be more likely to abandon such work than advocates, making them more vulnerable to vexatious litigation. However, he said it would make "little immediate difference" for many experts, since "conscientious professionals" would have little worry about being found negligent and would have insurance in case they were. The ruling would also help develop a "professional class of expert", making it less likely that people would contribute expertise occasionally, and although a professional expert witness would have a better knowledge of their role and duties, this would be at the expense of "freshness and challenge to dogma".
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On October 17, 2008, a lawsuit was filed in a state circuit court of Hawaii by Andy Martin, who was earlier declared by the U.S. Court of Appeals for the Eleventh Circuit to be a "notoriously vexatious and vindictive litigator who has long abused the American legal system", and who uses lawsuits as "a cruel and effective weapon against his enemies". Martin's lawsuit sought to order the state to release a copy of Sen. Obama's long-form birth certificate. The short-form birth certificate that the Obama campaign posted online states his place of birth as Honolulu, Hawaii.
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This fidelity to the spirit of Van Espen remained alive in the University of Louvain until its abolition in 1797, as evidenced by what Charles Lambrechts wroteCharles Lambrechts, Quelques réflexions à l'occasion du livre de M. l'abbé Frayssinous, intitulé : Des vrais principes de l'Église gallicane, 1818. in 1818, former rector magnificus and successor to the chair of canon law of Van Espen : “The encroachments of the Catholic clergy and their claims were so vexatious that, at a time when their religion was dominant, no other remedy had been found for their abuse of power except the appeals in question.
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Eskeles took little interest in Jewish affairs, and during his short term of office as representative of the Jewish community new and vexatious measures were introduced which, according to his contemporaries, he might have prevented had he used his influence. He was, however, the founder of several charitable institutions. He also established, with an initial contribution of 50,000 gulden, a fund for the maintenance of poor students. His two children, a son, Denis, Baron de Eskeles (1803-1876), and a daughter, Maria Anna (Marianne) Cecilia Bernhardine Freiin von Eskeles, Countess of Wimpffen, wife of Franz Graf von Wimpffen, deserted Judaism.
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The coaches > from Edinburgh were conveyed across the ferry in the boat which took the > railway passengers, who were first landed at the railway pier, while the > boat with the coach on board had afterwards to proceed to the old landing- > place. This, of course, necessitated a long and vexatious delay, which was > the more inconvenient considering that the coach conveys the mails.Falkirk > Herald: Thursday 6 December 1877 On 2 June 1890 the Forth Bridge opened. Main line and local traffic could cross the Firth of Forth by the bridge, and ferry alternatives were immediately closed.
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Furthermore, the amount that is ordered by the judge is in direct correlation to the strength or weakness of the claimant's case brought herewith. The weaker the probability of the claimant prevailing, the higher the security order. Typically a claimant will be outside the jurisdiction of the court: the law of security for costs recognises that orders of the court relating to payment of a party's legal costs can be very difficult to enforce in non-common law jurisdictions, and so will order security to be provided. Security can also be ordered where a claimant is insolvent, or prone to vexatious litigation.
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Furthermore, the amount that is ordered by the Judge is in direct correlation to the strength or weakness of the plaintiff's case brought herewith. The weaker the probability of the plaintiff prevailing, the higher the security order. Typically a claimant will be outside the jurisdiction of the court: the law of security for costs recognises that orders of the court relating to payment of a party's legal costs can be very difficult to enforce in non-common law jurisdictions, and so will order security to be provided. Security can also be ordered where a plaintiff is insolvent, or prone to vexatious litigation.
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Attending the conference besides for Paul-Boncour and Coulondre were Alexis St.Léger-St.Léger, the Secretary-General of the Quai d'Orsay; Léon Noël, the ambassador to Poland; Victor de Lacroix, the minister to Czechoslovakia; Raymond Brugère, the minister to Yugoslavia; and Adrien Thierry, the minister to Romania. It was agreed that as long as France's allies in Eastern Europe continued to feud with one another that the only nation that gained was Germany. Coulondre was assigned to end the vexatious question of transit rights for the Red Army, which both Poland and Romania were adamant in refusing to grant.
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For these reasons, Judge McGuinness dismissed both appeals and affirmed the orders of the High Court. _Judgment of Hardiman J._ Judge Hardiman, when deciding on the conclusion of the case, looked at whether the Applicants provided a strong, reasonable case, or whether these cases are "frivolous or vexatious or doomed to fail". Hardiman J., began his judgment by saying that the Applicants did not have strong evidence, they instead are simply claiming that Romania is a place where deportation should not be allowed. These allegations were made by "Counsels advice", there was no real proof as to why deportation should be disallowed.
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143-169 The Queen's Rangers were stationed at King's Bridge, New York, from July 1778, and on 23 October 1778, Stuart married Abigail Haugewout, the daughter of a loyalist farmer in Hempstead, Long Island. Their daughter Elizabeth was born in 1780. Stuart had leave to be absent from two musters in 1778, one in August and another in October, but he was on duty in February 1779. In May 1779, he launched a number of proceedings against his commanding officer, Lieutenant-Colonel John Graves Simcoe, but they were found to be “Malicious, Frivolous, Vexatious, & Groundless”. Simcoe claimed that Captain Smyth “avoided military service whenever possible”.
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In the past many critics of Scientology have claimed they were harassed by frivolous and vexatious lawsuits. Paulette Cooper was falsely accused of felony charges as she had been framed by the Church of Scientology's Guardian's Office. Furthermore, her personal life had been intruded upon by Scientologists who had attempted to kill her and/or draw her to suicide in a covert plan known as Operation Freakout brought to light after FBI investigations into other matters (See Operation Snow White). Original (PDF), 18M A prominent example of litigation of its critics is the Church of Scientology's $416 million libel lawsuit s:Church of Scientology v.
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Legal bullying is the bringing of a vexatious legal action to control and punish a person. Legal bullying can often take the form of frivolous, repetitive, or burdensome lawsuits brought to intimidate the defendant into submitting to the litigant's request, not because of the legal merit of the litigant's position, but principally due to the defendant's inability to maintain the legal battle. This can also take the form of Strategic Lawsuit Against Public Participation (SLAPP). It was partially concern about the potential for this kind of abuse that helped to fuel the protests against SOPA and PIPA in the United States in 2011 and 2012.
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A significant number in the eastern Cape frontier later became Grensboere ("border farmers") who were the direct ancestors of the Voortrekkers. The Boers addressed several correspondence to the British Colonial Government before leaving the Cape Colony as reasons for their departure. Piet Retief, one of the leaders of the Boers during the time, addressed a letter to the government on 22 January 1837 in Grahamstown stating that the Boers did not see any prospect for peace or happiness for their children in a country with such internal commotions. Retief further complained about the severe losses which they had to endure from the vexatious laws of the British administration.
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Once prosecution had been authorised, the matter was turned over to the Treasury Solicitor. Police forces continued to be responsible for the bulk of cases, sometimes referring difficult ones to the Director. Prior to its termination in 1933, criminal prosecution required a true bill of indictment from the grand jury, and so frivolous and vexatious proceedings were designed to be avoided at this stage (although this did not turn out to be the case in practice). In 1962, the Royal Commission on the Police recommended that police forces set up independent prosecution departments so as to avoid having the same officers investigate and prosecute cases.
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Max Schrems, 19 February 2012 In 2013 Schrems filed a complaint against Facebook Ireland Ltd with the Irish Data Protection Commissioner, Ireland being the country where Facebook has its European Headquarters. The complaint was aimed at prohibiting Facebook to further transfer data from Ireland to the United States, given the alleged involvement of Facebook USA in the PRISM mass surveillance program. Schrems based his complaint on EU data protection law, which does not allow data transfers to non-EU countries, unless there a company can guarantee "adequate protection". The DPC rejected the complaint, saying that it was "frivolous and vexatious" and that there was no case to answer.
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There can often be considerable overlap between these two types of abuse. One case in point is the strategic lawsuit against public participation (SLAPP), which is a lawsuit intended to censor, intimidate and silence critics by fear, intimidation and burdening them with the cost of a legal defense until they abandon their criticism or opposition. In some cases, criminals may seek to deter witnesses from pursuing restitution through the criminal justice system, or act in vengeance to those who have. Such actions are self-evidently vexatious, but are typically frivolous as well in that the plaintiff does not expect, or even intend, to win.
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"He was like Gatsby without the charm." In 2003, the United States Court of Appeals for the Second Circuit, citing their "extensive history of persistent, repetitive, and vexatious litigation", ordered Solow and Dreier to pay double costs to Morton and Feldstein. The litigation cost Solow an estimated $6 million in legal fees, much of it going to Dreier. In February 2004, advertisements labeled "legal notices" ran in The New York Times and the New York Post. The bogus ads, a costly embarrassment, informed "all unsecured creditors" in developer Peter Kalikow's 1994 Chapter 11 reorganization that they "might have additional rights of recovery" because of Kalikow's failure "to make truthful disclosure".
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Thus, the difficulty-fraught conservative merger was completed, and Japan's first unified right-wing party, the Liberal Democratic Party, was born. Miki, Hatoyama, Ono, and Taketora Ogata shared the interim presidential committee, and five months later Hatoyama was inaugurated as president of the Liberal Democratic Party. On the future of the Liberal Democratic Party, which had gotten off the ground leaving the most vexatious conflicts unresolved, Miki is well known for his assessment that the party "would be lucky to last two or three years".Kent E. Calder, Crisis and Compensation: Public Policy and Political Stability in Japan, 1949-1986 (Princeton, New Jersey: Princeton University Press, 1988), 59.
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A second indenture covered the method of dealing with losses due to piracy (as vexatious a problem as that of land-based theft). On land, it set up a mechanism of establishing 'proofs' using men versed in the law and local men of standing (from England and Scotland) as jurors who established the facts of cases before they were presented to the cross-border tribunals. The provisions in the 1429 indentures were the first real attempt to bring the Anglo-Scottish border into the ambit of international law, rather than relying on the ad hoc, intermittent activity of local magnates (the Warden- Conservators).Neville, 1998, p.
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This feature acts to greatly reduce the cost of litigation to the anti-SLAPP defendant, and can make beating the motion extremely difficult for the plaintiff, because they effectively must prove their case has at least a basis of visible legal merit and is not merely vexatious, prior to discovery. If the special motion is denied, the order denying the motion is immediately appealable. Defendants prevailing on an anti-SLAPP motion (including any subsequent appeal) are entitled to a mandatory award of reasonable attorney's fees. After an anti-SLAPP motion has been filed, a plaintiff cannot escape this mandatory fee award by amending its complaint.
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In late 2016 John Stringer succeeded before Justice Nation in having granted an application for a Judicial Settlement Conference under r7:79 in Christchurch. On 30 January 2017 Craig and Stringer settled their differences and the case against Stringer was dropped. No money exchanged hands and the settlement was sealed by the court and will not be released. On 6 December 2016, Judge Mary Beth Sharp of the Auckland District Court dismissed both of Craig's copyright lawsuits against Cameron Slater and Jordan Williams over the publication of Craig's poem Two of Me calling the claims "vexatious" and "improper" and a "deception perpetrated on the court".
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In exercising its powers and functions the Tribunal must act in accordance with the principles of natural justice; in a manner that is fair and reasonable; and according to equity and good conscience.Human Rights Act 1993 Section 105(2) The Tribunal may call for evidence, call on witnesses and generally require the evidence to be given under oath. The Tribunal adjudicates to the civil standard of proof and that is the balance of probabilities, and the tribunals focus is on assessing the parties conduct. Also the tribunal, if it considers it necessary, can dismiss any claims it considers frivolous, vexatious or not brought in good faith.
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36 According to Francis Edward Peters: > The conquests destroyed little: what they did suppress were imperial > rivalries and sectarian bloodletting among the newly subjected population. > The Muslims tolerated Christianity, but they disestablished it; henceforward > Christian life and liturgy, its endowments, politics and theology, would be > a private and not a public affair. By an exquisite irony, Islam reduced the > status of Christians to that which the Christians had earlier thrust upon > the Jews, with one difference. The reduction in Christian status was merely > judicial; it was unaccompanied by either systematic persecution or a blood > lust, and generally, though not elsewhere and at all times, unmarred by > vexatious behavior.
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Among the bills he favored were acts to bar recusants from serving in Parliament, to punish simony and scandalous ministers, to discourage vexatious suits against clergymen, and enforce observation of the Sabbath. His brother attempted to have him appointed to the parliamentary seat of Richard Benson, the recently deceased MP for Ludlow, despite Francis already holding a seat, but the scheme failed. Eure did not stand for Parliament in 1614, and later became Chief Justice of North Wales. Because of his local ties, he was expected to transfer to South Wales, but did not; this brought a complaint and call for his removal from a Catholic barrister.
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When the archbishop asked the congregation if Lane should be consecrated as a bishop the service was briefly interrupted by a vexatious litigant and Anglo-Catholic priest, Paul Williamson, who exclaimed "It's not in the Bible" and called Lane's being a woman an "absolute impediment". There was no opposition when Sentamu, having carefully explained the legality of the act, asked a second time. One of the first duties that Lane undertook as a bishop was her involvement in the consecration service for Philip North as the Bishop of Burnley on 2 February 2015. North is a traditionalist Anglo-Catholic who does not accept the ordination of women.
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In Ireland, a court may, of its own motion or on application, order that no proceedings, either of a certain type or at all, may be issued by a certain person without leave of that court or some other court, for a specified time, or indefinitely. Such an order is referred to in legal circles as an Isaac Wunder order after Isaac Wunder who made several claims against the Hospitals Trust claiming sweepstakes prizes, but the claims were found to be groundless and the case deemed frivolous or vexatious. He was prohibited from taking further High Court proceedings in the action without leave of the court.
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The accuser must reside within a 3 km radius of the accused, fill out a complaint form (a maximum of ten per accuser is allowed) and pay a fee of ten Rupees. If a suspected illegal migrant is thus successfully accused, he is required by the Act to simply produce a ration card to prove his Indian citizenship. And if a case made it past these requirements, a system of tribunals made up of retired judges would finally decide on deportation based on the facts. The act also provided that 'if the application is found frivolous or vexatious' the Central Government may not accept it.
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Part of his experience was to be present at a shipwreck in Central America in which he was credited with showing spirit and practical ability in saving the lives of the crew. In 1726 he was denounced to the Inquisition for the offence of reading forbidden books. The proceedings against him were not carried further, but the incident is an example of the vexatious tyranny exercised by the Holy Office, and the effect it must have had even in its decadence in damping all intellectual activity. Between 1733 and 1737 he was Intendent of the Spanish army sent to Italy during the War of Polish Succession.
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A scrambler can be placed just before a FEC coder, or it can be placed after the FEC, just before the modulation or line code. A scrambler in this context has nothing to do with encrypting, as the intent is not to render the message unintelligible, but to give the transmitted data useful engineering properties. A scrambler replaces sequences (referred to as whitening sequences) into other sequences without removing undesirable sequences, and as a result it changes the probability of occurrence of vexatious sequences. Clearly it is not foolproof as there are input sequences that yield all-zeros, all-ones, or other undesirable periodic output sequences.
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He found these proceedings to be "frivolous, vexatious and doomed to fail: indeed they are scarcely recognisable as legal proceedings at all." Like in Judge McGuinness' conclusion, Hardiman J. also referred to the case R v Secretary of State for the Home Department, ex parte Turgut [2001] 1 All ER 719, to contrast with the case at hand. Lastly, Hardiman J. added that he also agreed with O'Donovan J. (High Court), that all of these Applicants should not have had their cases put into one proceeding without having their situations distinguished individually. Hardiman J. dismissed the appeal and affirmed the order of the High Court.
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Caryl Whittier Chessman (May 27, 1921 – May 2, 1960) was a convicted robber, kidnapper and rapist who was sentenced to death for a series of crimes committed in January 1948 in the Los Angeles area. Chessman was convicted under a loosely interpreted "Little Lindbergh law" – later repealed, but not retroactively – that defined kidnapping as a capital offense under certain circumstances. His case attracted worldwide attention, and helped propel the movement to end the use of capital punishment in the state of California. While in prison, Chessman was considered vexatious, with one judge writing in 1957, [Chessman is] playing a game with the courts, stalling for time while the facts of the case grow cold.
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The injunction is a personal remedy for the wrongful conduct of another party, in respect of conduct which is "vexatious" or "oppressive", but deriving from "the basic principle of justice". # The courts will readily grant an injunction to restrain proceedings brought in breach of an exclusive jurisdiction clause (save in circumstances where the Brussels Regime applies). # In the absence of an exclusive jurisdiction clause or some other special factor, a person does not enjoy a right not to be sued in a particular foreign court. Where proceedings are brought in a foreign court, the question of whether or not that forum is an appropriate forum is a factor in assessing the conduct of the party suing there.
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Working with Lieutenant General Idwal H. Edwards, head of Air Force personnel, Zuckert oversaw implementation of the integration program. In addition, Zuckert served as the Air Force member of the Interservice Committee created by Secretary of Defense James Forrestal to develop a Uniform Code of Military Justice for the Department of Defense. Remaining in the secretariat after Thomas K. Finletter succeeded Symington as secretary, Zuckert was charged with handling the "highly controversial and vexatious problem of the civilian components, including the reserves and the Air Force National Guard." As Finletter concentrated more on larger issues, such as the North Atlantic Treaty Organization and nuclear weapons development, Zuckert dealt with the daily operations of the office.
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Feruz died at the age of ninety due to infirmities caused by three years of illness between 1385 and 1388. On his death, his grandson Ghiya Suddin was proclaimed as his successor to the throne. During his enlightened rule Feroz abolished many vexatious taxes, brought in changes in the laws on capital punishment, introduced regulations in administration and discouraged lavish living styles. But the most important credit that is bestowed on him is for the large number of public works executed during his reign namely, 50 dams for irrigation across rivers, 40 mosques, 30 colleges, 100 caravanserais, 100 hospitals, 100 public baths, 150 bridges, apart from many other monuments of aesthetic beauty and entertainment.
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Thabo Mbeki filed an affidavit and applied to the Constitutional Court to appeal Pietermaritzburg High Court Judge Chris Nicholson's ruling: > It was improper for the court to make such far-reaching "vexatious, > scandalous and prejudicial" findings concerning me, to be judged and > condemned on the basis of the findings in the Zuma matter. The interests of > justice, in my respectful submission would demand that the matter be > rectified. These adverse findings have led to my being recalled by my > political party, the ANC – a request I have acceded to as a committed and > loyal member of the ANC for the past 52 years. I fear that if not rectified, > I might suffer further prejudice.
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On 20 April 2012, Slipper was accused of misusing Cabcharge vouchers. These allegations were then investigated by the Australian Federal Police, with a summons issued in January 2013 in relation to matters unconnected with the James Ashby allegations which were later withdrawn by Ashby. He was also accused of sexually harassing James Ashby who was a member of his staff. Ashby, a 33-year-old gay man, alleged that Slipper sexually harassed him on a number of occasions, via mobile phone text messages and in private conversations. A sexual harassment case regarding these allegations was dismissed by the Federal Court on 12 December 2012, after Slipper argued that the charges were "vexatious and an abuse of the legal process".
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Leszek Kołakowski described Marcuse's views as essentially anti-Marxist, in that they ignored Marx's critique of Hegel and discarded the historical theory of class struggle entirely in favor of an inverted Freudian reading of human history where all social rules could and should be discarded to create a "New World of Happiness." Kołakowski concluded that Marcuse's ideal society "is to be ruled despotically by an enlightened group [who] have realized in themselves the unity of Logos and Eros, and thrown off the vexatious authority of logic, mathematics, and the empirical sciences." The philosopher Alasdair MacIntyre asserted that Marcuse falsely assumed consumers were completely passive, uncritically responding to corporate advertising. MacIntyre frankly opposed Marcuse.
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She points out that those who "appear to be sexually active outside a monogamous heterosexual marriage run into particular difficulties, since they tend to be portrayed as vexatious vixens" who are more interested in their private romantic lives than in their public responsibilities. If they are in a monogamous, married relationship but have children, then their fitness for office becomes a question of how they manage being a politician while taking care of their children, something that a male politician would rarely, if ever, be asked about. Family duties and family forming cause significant delays in aspiring women's political careers. A 2017 study found that female Republican candidates fare worse in elections than Republican men and Democratic women.
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Appeals are considered the appropriate manner by which to challenge a judgment rather than trying to start a new trial. Once the appeals process is exhausted or waived, res judicata will apply even to a judgment that is contrary to law. In states that permit a judgment to be renewed, a lawsuit to renew the judgment would not be barred by res judicata, however in states that do not permit renewal by action (as opposed to renewal by scire facias or by motion), such an action would be rejected by the courts as vexatious. There are limited exceptions to res judicata that allow a party to attack the validity of the original judgment, even outside of appeals.
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He had enjoyed the confidence of Queen Louisa Ulrika, sister of Frederick the Great of Prussia, while she was crown princess, and she now made him secretary of the Swedish Academy of Letters, founded by her in 1753. His position at court involved him in the queen's political intrigues, and separated him to a vexatious degree from the studies wherein he had hitherto been absorbed. He held the post of Tutor to the crown prince until 1756, when he was arrested on suspicion of taking part in the attempted coup d'état that year, and was tried for his life before the diet. He was acquitted, but was forbidden to show himself at court on any pretense.
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As long as friendly communist governments remained in power in Vientiane, Phnom Penh, and Hanoi, their interests in protecting the inviolability of their common frontiers converged. In spite of this, however, government control in the upland border areas of all three states probably was tenuous, and insurgent (or bandit) groups, if not too large, could pass back and forth unhindered. The security threat posed by such bands was vexatious but minor, and, in the case of Cambodia, it could probably be contained by the provincial units without requiring the intervention of the KPRAF or of Vietnamese main forces. The capability of the KPRAF to meet the threats, real or perceived, arrayed against it in 1987 was open to question.
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Lucas was often at odds with the territorial legislature, his liberal use of absolute veto power and his condescending rebukes of legislators often made him the target of acrimonious exchanges. Conway complained to Van Buren that Lucas committed "vexatious, ungraceful, petulant, ill-natured and dogmatic interferences" with the legislature.Petersen 1952a:317–318 Van Buren and the U. S. Congress responded by limiting the territorial governor’s veto power and his ability to make appointments. Lucas served for only a few years as territorial governor, from 1838–1841, and spent those years mostly in Burlington, Iowa and Muscatine, Iowa (then called Bloomington), as there were only provisional accommodations in Iowa City for the territorial legislature.
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Graham F. Lacey, became the club's biggest shareholder, buying 15% of shares in Millwall Holdings plc, invested £1million as part of the package. Berylson became non-executive chairman of Millwall Holdings plc and a director of the club, while his colleague Demos Kouvaris joined both boards. "This is tremendous news for Millwall and our fans," said Heather Rabbatts, who will continue to run the club in the role of executive deputy chairman. In the wake of calls by Graham Ferguson Lacey to the Millwall board to hold an extraordinary general meeting, requests which the Millwall board twice refused, claiming Lacey's proposals are "vexatious and ineffective", a date was set for 2 July 2008.
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Starkey's subsequent resignation from his fellowship at Fitzwilliam College, Cambridge was accepted by the university on 3 July 2020 He was also dismissed by Canterbury Christ Church University, and was dropped by current and former publishers. Grimes was investigated by police on suspicion of stirring up racial hatred and was asked to come to the police station to be interviewed under caution. Grimes responded in a statement saying "I cannot imagine a more contemptible way for the Metropolitan Police to abuse taxpayers' money and the trust of citizens than by investigating this vexatious claim." The former director of public prosecutions Ken Macdonald called the investigation "deeply threatening of free speech", a view which was echoed by Conservative party MPs.
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During this period, printers and book sellers, as well as authors, were prosecuted for dissemination of politically vexatious works. The government summoned Nathaniel Dodd twice, once in connection with Nathaniel Mist's Mist's Weekly Journal, and Anne Dodd was similarly prosecuted. She was imprisoned in 1728 for selling anti-ministry pamphlets, and she made the plea at the time that she carried and sold many more pro-ministry papers than anti-ministry ones and that she was merely selling what the people wanted. Also in 1728, Alexander Pope feigned the imprint of Anne Dodd for the early versions of The Dunciad, probably as an extension of the poem's parody of the emerging culture of hack-written political papers rather than as a satire on Mrs.
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Lord Goff noted that the claimants had given various undertakings (not to seek a jury trial in Texas, not to seek punitive damages, not to rely upon strict liability under Texas law) which negated much of what might otherwise be considered vexatious or oppressive to a defendant. However, the ability to claim a third-party contribution from one of their co-defendants, Bristow Malaysia, the operators of the fateful helicopter, had been compromised by a settlement agreement thereby exculpating them from further claims in Texas. Accordingly, SNIA would be unable to claim a contribution from the party who, according to the official accident report, was primarily responsible for the deaths of those on board. This, Lord Goff held, was sufficiently oppressive.
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For the 11th century, the chronicle at Peterborough diverges from Parker's, and it has been speculated that a proto-"Kentish Chronicle", full of nationalistic and regionalistic interests, was used for these years; however, such a single source is speculative (). The Peterborough copyists probably used multiple sources for their missing years, but the Dissolution of the Monasteries makes it impossible to be sure. Regardless, the entries for the 12th century to 1122 are a jumble of other chronicles' accounts, sharing half-entries with one source and half with another, moving from one source to another and then back to a previous one. This shifting back and forth raises, again, the vexatious possibility of a lost chronicle as a single, common source.
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On 24 June 1943, Harriman met with Churchill to tell him that Roosevelt did not want him to attend the up-coming summit meeting with Stalin, saying that it was important to allow Roosevelt who had never met Stalin to establish an "intimate understanding", which would be "impossible" if Churchill was there.Rees, Laurence World War II Behind Closed Doors p. 198. Churchill rejected this suggestion, sending a telegram to Roosevelt full of hurt feelings saying: "I do not underrate the use that enemy propaganda would make of a meeting between the heads of Soviet Russia and the United States at this juncture with the British Commonwealth and Empire excluded. It would be serious and vexatious, and many would be bewildered and alarmed thereby".
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Knight told the court a letter of apology did not fit the prison guidelines for a prohibited letter, stating, "A letter of apology constitutes a facet of my rehabilitation and on a small measure of making amends for my actions," he told the court. Knight was given leave by the Court to proceed with his case.Law to stop criminals contacting victims , NineMSN, 22 August 2007 In June 2009, Knight sued Victorian Attorney-General Rob Hulls to force him to appear before the Supreme Court and to remove his status as a "vexatious litigant". He also claims the status "is being used as an instrument of oppression by Corrections Victoria" and says his request for access to a personal computer in his cell was denied.
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"Given that the district court refused to provide any guidance as to the arbitral forum, Eppenstein was justified in interpreting the order to give his client the right of election ... Rule 11 is not intended to chill an attorney's creative, imaginative or enthusiastic advocacy on his client's behalf." Further, it only covered papers filed in federal court, so any of Eppenstein's state-court pleadings were beyond its scope. Cardamone next turned to the statutory justification for the proceedings, asking whether it could be considered a vexatious attempt to multiply proceedings. He reiterated his earlier findings, adding to the record his observation that Shearson's attorney had also told MacMahon in writing that the judge had never considered the issue of the proper forum.
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From the double inducement, we are told, of the public library and the society, he became a fellow-commoner of Brasenose College, Oxford, and in 1673 was admitted D.D. This degree he is also said to have had from Cambridge University. He was chaplain to Charles II, and his ministrations to that monarch procured him the rectory of Davenham in 1681 and the deanery of Chester In 1682. He is said to have had the promise of succession to the bishopric of Chester, but the events of the revolution prevented James II from giving him any further promotion. Arderne's devotion to the Stuarts is said to have brought him affronts in his own district so vexatious as to have shortened his life.
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Other books Granville published included books by and about Henri Bergson, Katherine Mansfields short story In a German Pension and various novels, books of poems and belles lettres. Arthur Ransome had left his previous publisher Martin Secker for Granville, who promised him better returns and a guaranteed and steady income.Ransome p146Brogan p77, 78 He recalled that Granville “had a magnificent way with him”.Chambers p 60 He transferred his works of the last five years, including Bohemia in London and literary works on Edgar Allan Poe and Oscar Wilde. The work on Wilde went into eight editions; it had attracted public notoriety because of an (unsuccessful) libel case by Lord Alfred Douglas, who was by now a “vexatious” “semi- professional” (and indigent) litigant.
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Milkmaid finished eighth but according to a June 27, 1994 Sports Illustrated article, jockey Earl Sande was "told to veer Milkmaid in at the start, break up the alignment of the field and allow Sir Barton time to get a good position." Sir Barton proved he didn't need Milkmaid's help to win the Preakness and went on to capture that year's U.S. Triple Crown. However, on an equal footing as demonstrated in the Wilmington Purse, Milkmaid had great success against colts including a win in the 1919 Kenner Stakes at Saratoga Race Course in which she beat Sam Hildreth's top colt, Cirrus. Burdened with fourteen more pounds than Harry Payne Whitney's winning filly Vexatious, Milkmaid ran second in the 1919 Alabama Stakes at Saratoga.
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Nor does the nature of the Attorney General's national security functions--as opposed to his prosecutorial functions--warrant absolute immunity. Petitioner points to no historical or common law basis for absolute immunity for officers carrying out tasks essential to national security, such as pertains to absolute immunity for judges, prosecutors, and witnesses. The performance of national security functions does not subject an official to the same risks of entanglement in vexatious litigation as does the carrying out of the judicial or "quasijudicial" tasks that have been the primary wellsprings of absolute immunities. And the danger that high federal officials will disregard constitutional rights in their zeal to protect the national security is sufficiently real to counsel against affording such officials an absolute immunity.
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In 2014 it was reported that Elizabeth Huljich, the 84-year-old mother of the Huljich brothers, had filed an application in the High Court at Auckland for a summary judgment to force her eldest son Christopher Huljich to repay a $264,000 mortgage registered over her St Heliers home, widened in 2018 to include thirteen other claims of action. In December 2018, Judge Venning dismissed all the claims by Elizabeth, and awarded costs of $650,000 to Christopher, describing the claims as vexatious and frivolous, As at 2018, as a separate matter, Paul Huljich is suing his two brothers, Christopher and Michael Huljich, and his nephew, Peter Huljich, over the distribution of family assets.Mackenzie Smith, "Paul Huljich seeks bank records as family dispute deepens", NBR, 29 May 2018.
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By order of the emperor they gave the martyress over to a house of ill repute for defiling, but the Lord preserved her there also: anyone who tried to touch the saint lost their sight. Then the enraged emperor commanded that they again burn at the bodies of the saints. The people crowding about and seeing the suffering of the saints began to murmur loudly, and Aurelian gave orders to behead the martyrs immediately. With gladdened face the brother and sister went to execution singing: "For Thou (Lord) hath saved us from the vexatious and hath shamed those hating us" A statue of St. Juliana is located in The Papal Basilica of St. Peter in the Vatican The statue created was c.
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Such profiling became vexatious for the Yemenite Jews in Israel, who were often taken to be Arabs. The permits issued stipulated strictly the time given for any Palestinian moving in the country and the routes permitted. Officers were rewarded if they achieved compliance with the figures set forth in a monthly quota system for arresting a given number of Palestinians halted by such procedures and caught out in permit infractions. The overwhelming majority of those arrested, be they Palestinians returning late for missing a bus, peasants retrieving flocks that had wandered from their set pastures, old men overstaying a permit during an evening visit to a mosque, women taking buses to markets to sell produce, were tried not in civil tribunals, but in military courts.
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Absolute immunity cannot be extended to judges who perform administrative acts. Justice O'Connor applied a "functional" approach under which the nature of the functions entrusted to particular officials is examined in order to evaluate the effect that exposure to particular forms of liability would likely have on the appropriate exercise of those functions. Administrative acts are indistinguishable from those of an executive branch official responsible for making similar personnel decisions, which, no matter how crucial to the efficient operation of public institutions, are not entitled to absolute immunity from liability in damages under § 1983. O'Connor dismissed the Court of Appeals reasoning that the threat of vexatious lawsuits by disgruntled ex-employees could interfere with the quality of a judge's decisions.
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Leo D. Stoller (born June 5, 1946) is an American self-styled "intellectual property entrepreneur" based in suburban Chicago, Illinois. Stoller claimed rights to a large inventory of well-known trademarks and engaged in the assertive enforcement of those alleged trademark rights, threatening infringement action against people and companies who attempt to use similar marks. Though he managed to obtain license payments in some circumstances through demand letters, Stoller lost some key challenges in federal court, and was sanctioned by United States regulators for filing thousands of motions. A federal court labeled Stoller and his companies as "vexatious litigants" in 2005, and his bankruptcy filing from that year was converted to a liquidation in 2006 after the judge found Stoller's filing to have been made in bad faith.
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Warning Ottoman officials to be wary of activities by Italian officials in Albania, he viewed Austria-Hungary as also having its own "vexatious ideas and hopes" on Albania. During the Young Turk Revolution (1908) the Grand Vizer's office instructed Hilmi Pasha to send an official to investigate the reason for the gathering at Firzovik and disperse the Albanian crowd without force. On 20 July two telegrams by 194 notables from the Firzovik meeting were sent to Ferid Pasha and the Seyhulislam demanding the restoration of the constitution of 1876. The sultan sacked Ferid Pasha on 23 July 1908 and replaced him with Mehmed Said Pasha after he failed to prevent the Young Turk Revolution and keep Albanians loyal to the state of which some were involved in those events.
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Bill C-22 created the National Security and Intelligence Committee of Parliamentarians. Bill C-58 amended the Access to Information Act to insert a new purpose statement, insert in requirements to make requests, allow bad faith or vexatious requests to be refused, and require proactive publication of certain information (e.g. travel expenses, hospitality expenses, etc.) Bill C-10 amended the Air Canada Public Participation Act to expand where Air Canada's maintenance centres may be located to the general provinces of Manitoba, Ontario and Quebec, rather than the specific cities of Winnipeg, Mississauga and Montreal. With only the Conservative Party and Bloc Québécois opposed, Bill C-50 created new reporting requirements for political fundraising events attended by a party leader or a minister and expanded the reporting of leadership campaign expenses.
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The Sydney Gazette reported: A number of factors indicate a British influence on Windradyne here, possibly that of the Suttors—the straw hat with the word peace in English, the olive branch, even the knowledge that he would be relatively safe at the feast. Brisbane reported the meeting to Earl Bathurst, Secretary of State for War and the Colonies, and Brisbane's superior: Windradyne reportedly stayed at Parramatta for some time after the conference, before returning to Bathurst, and did not attend the feast the following year. Reports from later years occasionally implicated him in raids on crops and altercations with colonisers around Lake George. With little substantial evidence, however, these may have simply been vexatious claims against the 'notorious Saturday', or attempts by individuals to glorify themselves by association with him.
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The court of Queen's Bench, led by Lord Denman, unanimously found that Hansard was not protected by privilege and awarded damages to Stockdale, HM Treasury defraying Hansard's costs. However, when the Middlesex sheriffs attempted to enforce the court order, Hansard fell back upon parliament for protection. Accordingly the sheriffs and other persons who sought to carry out the orders issued by the law court against the Hansards were imprisoned by order of the House of Commons. These protracted and vexatious proceedings were brought to a close only by the passing of the Parliamentary Papers Act 1840 by which it was enacted that proceedings, criminal or civil, against persons for the publication of papers printed by order of either house of parliament shall be stayed upon the production of a certificate to that effect.
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739 the combination proved a bitter dose for many of North Carolina's loyal Democrats. Bishop James M. Cannon summoned a meeting of church leaders in Asheville on July 18 toAt this Asheville assembly Bishop Horace DuBose said that Smith’s candidacy posed The loyalties of the state Democratic Party – less factionalized than other southern parties because of the consistent Republican oppositionGrayson, A.G.; ‘North Carolina and Harry Truman, 1944-1948’, Journal of American Studies, volume 9, no. 3 (December 1975), pp. 283-300 – became further strained when long-serving Senator Furnifold M. Simmons refused to support the New York Governor. He argued firstly that Smith’s nomination would be extremely dangerous because it would produce a “vexatious” campaign unreasonably focused on religion and Prohibition, and secondly that Smith’s followers wanted to eliminate him.
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The effect of the rule is that the plaintiff cannot deliver his statement of claim, or take any step in the action without the leave of the judge. In Chancery cases the order usually made is that the plaintiff deliver his .statement of claim, and the rest of the summons stand over, and the practical effect is merely to add a few pounds to the costs. It may be doubted whether, as applied to the majority of actions, the rule does not proceed on wrong lines, and whether it would not be better to leave the parties, who know the exigencies of their case better even than a judge in chambers, to proceed in their own way, subject to stringent provisions for immediate payment of the costs occasioned by unnecessary, vexatious, or dilatory proceedings.
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"No one is ignorant," said Sultan Mahmud II in this document, "that I am bound to afford support to all my subjects against vexatious proceedings; to endeavour unceasingly to lighten, instead of increasing their burdens, and to ensure peace and tranquility. Therefore, those acts of oppression are at once contrary to the will of God, and to my imperial orders." The haraç, or capitation tax, though moderate and exempting those who paid it from military service, had long been made an engine of gross tyranny through the insolence and misconduct of government collectors. The Firman of 1834 abolished the old mode of levying it, and ordained that it should be raised by a commission composed of the Kadı, the Muslim governors, and the Ayans, or municipal chiefs of Rayas in each district.
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Omitting holder claims from SLUSA's coverage--the very form of vexatious litigation targeted in Blue Chip Stamps--would be contrary to its purpose of preventing state law claims from frustrating the ends of the PSLRA. As holder claims were typically based on the same facts as purchaser-seller actions, if they were not preempted, wasteful litigation based on identical facts could proceed in parallel proceedings in federal and state courts. The existence of explicit exemptions in the statute (none applicable in this case) also discouraged the Court from itself finding further exemptions through implication. Finally, prior to the post-PSLRA exodus of securities claims to state courts, state law securities fraud claims were rare; the presumption against preemption that a "historically entrenched state-law remedy" enjoys was not present here.
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He notes, correctly anticipating foreign specimens "As there is now no vexatious delay or trouble experienced by Custom-house regulations, specimens of natural history being admitted free of duty, it is recommended that all packages may be entered in the ship's papers, and if a list of all the contents of each package could, with convenience, be attached inside the lid of the box or cover, the risk of injury to the specimens, by examination at the Custom- house, would in great measure be avoided". Also "Should it even happen that the specimens be already possessed by the Society, still duplicates are desirable, since such as are not possessed by the Museum can be readily exchanged for others that may be wanted". The Museum in 1831. The architects were Thomas Duff and Thomas Jackson.
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There is a > joinder of multiple defendants without any basis for joinder; there are > allegations of bias against judges which are completely unsubstantiated (and > I should add that the allegations made orally before me today included > allegations of bias against the lady who is now the Chief Judge of the > District Court and also against the lady who is the Governor); there is the > making of hopeless claims; there are unparticularised allegations of deceit > and fraud; there are exaggerated damages claims; there is non-compliance > with Court proceedings and in particular a failure to deliver complying > pleadings; and finally, there is bringing of claims in respect of which it > is not possible to demonstrate the suffering of any loss.. As a result, Justice Fryberg declared Mathews a vexatious litigant and made an order prohibiting him from commencing any new proceedings against BCC.
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One of the critical issues on the front burner was Okorocha's affront to foist his son-in-law, Uche Nwosu, as he successor, which heated up the polity. Madumere fearlessly told his estranged boss he would not be party to what he described as their term through the back door. Madumere, for the first time, made public his stand on vexatious matters among which were demolition of business premises without first providing alternative, and where alternative markets were provided, it was freely shared to family members, friends and extended family members, leaving the poor to suffer and finding it difficult to feed. He also frowned at the poor quality jobs in the area of Road rehabilitation and construction as no known construction company was engaged, thereby giving room for the collapse of the roads during every rainy season.
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Although it is seen in a positive light by many for the above reasons, some have disagreed. UEFA stated "Without question, the final judgment is unsatisfactory..." And continued suggesting that the EU may have opened floodgates to more cases in the future: ::Encouraged by the judgment in Meca-Medina, it is to be expected that complainants will now amplify arguments to the effect that sports rules and practices have "disproportionate" effects or are "not limited to what is necessary for the proper conduct of competitive sport" and, in this way, "prove" a violation of competition law. It seems the European Court of Justice (unlike the CFI) has now declared its interest and willingness to examine all manner of such arguments in the future. The European Commission may also have a harder job in rejecting vexatious claims under competition law.
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British Prime Minister Frederick North, Lord North (portrait by Nathaniel Dance) consulted Bernard on colonial affairs. Upon his return to England, he asked for and received a hearing concerning the colonial petition against his rule. The Privy Council in February 1770 considered the petition, and after deliberation dismissed all of the charges as "groundless, vexatious, and scandalous."Higgins, p. 2:209Nicolson (2000), p. 206 Despite this vindication, Bernard resigned as governor in 1771. He was confirmed in the ownership of Mount Desert Island, a recognition he had been seeking since it was awarded to him in 1761.Nicolson (2000), p. 210 Although he had been promised a baronetcy and a pension of £1,000 for his service, he learned after his return that the pension had been reduced to £500 (the baronetcy, of Nettleham, was awarded at crown expense).
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Pua argued that Syabas, as a public authority performing a public service, had no locus standi in making a defamation claim. He also said he had a legal, moral and social duty as an MP and a member of the Selangor government Water Review Panel to publish those words and that the public had a right to know. Pua also filed a counter-suit claiming Syabas' suit was frivolous, vexatious and amounted to an abuse of the court process, which resulted in him suffering losses and unnecessary harassment and expenses. On 6 June 2012, the Malaysian High Court found that SYABAS had proven its case against Pua and ordered him to pay RM200,000 in damages to SYABAS and awarded SYABAS interest at the rate of 4% per annum from the date of judgment till full payment and also costs.
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272): "Points of law raised by the pleadings are usually disposed of at the trial or on further consideration after the trial of the issues of fact," that is to say, after the delay, worry and expense of a trial of disputed questions of fact which after all may turn out to be unnecessary. The abolition of demurrers has also (it is believed) had a prejudicial effect on the standard of legal accuracy and knowledge required in practitioners. Formerly the pleader had the fear of a demurrer before him. Nowadays, he need not stop to think whether his cause of action or defence will hold water or not, and anything which is not obviously frivolous or vexatious will do by way of pleading for the purpose of the trial and for getting the opposite party into the box.
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Years later in a debate on an entirely separate issue, another MP attacked him as "the author of the most vexatious tax upon the people that ever was known". As a member of the Court party, he thought it better not to contest the 1679 General Election, since the public mood was bitterly hostile to the Government. The hearth tax was brought up again, his enemies jeering that he could hardly expect to find a Parliamentary seat in "any place with chimneys". On the other hand, his services to the Government earned him the lasting goodwill of King Charles II. The King, whose gratitude was not always to be relied on, intervened personally to assist Pole in recovering his Irish lands, writing to James Butler, 1st Duke of Ormonde that Pole's "signal services" should be rewarded with "extraordinary kindness".
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The lead judgment was given by Lord Denning MR. He held that the writ had been properly served on the defendant in England, and if a defendant is properly served with a writ while he is in this country, albeit on a short visit, the plaintiff was entitled to continue the proceedings to the end. The plaintiff had validly invoked the jurisdiction of the Queen’s courts; and was entitled to require those courts to proceed to adjudicate upon the claim. The courts should not strike the claim out unless it was vexatious or oppressive, or otherwise an abuse of the process of the court. If the statement of claim discloses a reasonable cause of action, the plaintiff is entitled to pursue it in the English courts, even though the cause of action did arise in a foreign country.
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He promptly issued an election address, which was published in the local newspapers, but his friends advised him not to proceed with the campaign. He appeared at the hustings on 8 March to explain his withdrawal, and was congratulated by Manners for avoiding "what, in Parliamentary language, would have been a frivolous and vexatious opposition". In a letter published in The Times on 12 March, Frewen struck back, claiming that Manners "would not have the least chance of being returned for any other county in the whole kingdom besides North Leicestershire", because his return had been secured only by "the great territorial influence that has been exerted in his behalf". Frewen claimed that land agents for the Duke of Rutland had been sent to "coerce whole villages", telling tenants farmers to vote for Manners, and that the farmers had obeyed rather than risk eviction.
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In 1967, when the debate about interfaith dialogue had reached new heights, with some rabbis taking the position that it might be appropriate for Christian and Jewish leaders to discuss issues of "social justice," but not "theology," Siegel once again took a strong position in favor of religious dialogue. He wrote that such dialogue "is imperative today in a world whose vexatious problems are of immediate urgency to Christians and Jews alike," that it would be impossible to come together for discussions about social problems "in depth, without getting down to religion"—and, more than that, that it would be "ludicrous for religious leaders to meet for the purpose of discussing all subjects except the one in which they are most expert -- religion."Daytona Beach Morning Journal, Feb 25, 1967, quoting both Siegel's remarks to reporters and an article he had written in the American Jewish Congress Bi-Weekly.
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Attorney Brett Gibbs claimed to have—but never produced—an original notarized signature of "Alan Cooper, Manager of Ingenuity 13 LLC." On May 6, 2013, Judge Wright sanctioned Prenda Law and its "principals" Steele, Hansmeier, and Duffy, along with Gibbs, whom he termed "attorneys with shattered law practices", $81,319.72 (of which half was punitive) for "brazen misconduct and relentless fraud", "vexatious litigation", "[stealing] the identity of Alan Cooper", and "representations about their operations, relationships, and financial interests [that] varied from feigned ignorance to misstatements to outright lies". Wright also referred the attorneys to the U.S. Attorney's office and the Internal Revenue Service-Criminal Investigation Division for possible criminal prosecution; and to various federal and state bars for "moral turpitude unbecoming of an officer of the court". He also noted that Steele, Hansmeier, and Duffy had pleaded the Fifth Amendment privilege against self- incrimination when questioned.
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Filing traditionally has been performed by visiting a clerk at a filing window, paying a filing fee by cash, check, or credit card, and submitting the document to be filed in duplicate or even triplicate. For each document filed, the court clerk inspects the document to ensure compliance with the court's rules on how legal documents should be formatted, verifies that the filer has not been declared a vexatious litigant, and confirms that the case number and caption are for a valid case. Next, the court clerk then stamps both copies with a large stamp that indicates the name of the court and the date the document was filed, then keeps one copy for the court's files and returns one copy to the filer for the filer's own records. In certain jurisdictions, the clerk will stamp duplicate copies returned to the filer as "file-conformed" or "conformed copy" rather than "filed".
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In international law and business, patent trolling or patent hoarding is a categorical or pejorative term applied to a person or company that attempts to enforce patent rights against accused infringers far beyond the patent's actual value or contribution to the prior art, often through hardball legal tactics (frivolous litigation, vexatious litigation, strategic lawsuit against public participation (SLAPP), chilling effects, and the like). Patent trolls often do not manufacture products or supply services based upon the patents in question. However, some entities which do not practice their asserted patent may not be considered "patent trolls" when they license their patented technologies on reasonable terms in advance. Other related concepts include patent holding company (PHC), patent assertion entity (PAE), and non- practicing entity (NPE), which may or may not be considered a "patent troll" depending on the position they are taking and the perception of that position by the public.
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It was staged, and Kenny argues that it is the first American play to be produced in London. His claim requires John Crowne being disqualified for English birth, and it has the additional problem of defining "American" solely as the territories that would declare independence in 1775 (Kenny 332). Any stipulation of "first" is vexatious, but his play had mild success. Ralph also contributed to The Prompter while involved in the Little Theatre. This James Ralph is not to be confused with the James Ralph junior, who was appointed as the Surveyor of Houses for Cambridgeshire in 1733.St James's Evening Post (London, England), 25 October 1733 – 27 October 1733; Issue 2810Calendar of Treasury Books and Papers, 1729-1745: Preserved in Her Majesty's Public Record Office, Volume 2, William Arthur Shaw, Eyre & Spottiswoode, 1898, page 524 That James Ralph died in Cambridge in 1743,Daily Advertiser (London, England), Saturday, 9 July 1743; Issue 3892 and William Teuting was appointed as Surveyor in his place.
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He was thus due to receive a regrant of his lands by knight- service in return for a chief horse and an engraved gold token to be presented to the lord deputy each year at midsummer. It seemed a balanced compromise, but O'Rourke declined to accept the letters patent and never regarded his terms as binding. By May 1586 the tension with the president had mounted, and O'Rourke brought charges against him before the council at Dublin, which were dismissed as vexatious. Bingham believed that Perrot had been behind this attempt on his authority, but there was little he could do before his recall to England for service in the Low Countries in 1587; upon the president's departure (he was to return within a year), Perrot slashed O'Rourke's annual composition dues and, while permitting him to levy certain illegal exactions, appointed the Lord of West Bréifne sheriff of Leitrim for a term of two years.
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Odysseus then gave Telemachus to Circe's daughter Cassiphone in marriage. Some time later, Telemachus had a quarrel with his mother-in-law and killed her; Cassiphone then killed Telemachus to avenge her mother's death. On hearing of this, Odysseus died of grief. Dionysius of Halicarnassus (1.72.5) cites Xenagoras, the 2nd-century BCE historian, as claiming that Odysseus and Circe had three different sons: Rhomos, Anteias, and Ardeias, who respectively founded three cities called by their names: Rome, Antium, and Ardea. In the 5th-century CE epic Dionysiaca, author Nonnus mentions Phaunos, Circe's son by the sea god Poseidon.Timothy Peter Wiseman, Remus: A Roman Myth, Cambridge University 1995, pp. 47–48. In his 3rd-century BCE epic, the Argonautica, Apollonius Rhodius relates that Circe purified the Argonauts for the death of Absyrtus,"They escaped neither the vast sea's hardships nor vexatious tempests till Kirké should wash them clean of the pitiless murder of Apsyrtos" (Apollonius of Rhodes, Argonautica, iv.
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During his trial, Fabrikant came across as petty, vindictive, unrepentant and vain along with being rude and hostile to the judges, whom he called a "low little crook" and even had the same attitude aimed at the psychiatrists who testified on whether he was sane enough for the proceedings to continue. During the trial Fabrikant acted as his own lawyer and called 75 witnesses for his defense, but in the end it only took the jury seven hours to find him guilty of four charges of first degree murder, attempted murder, and two hostage charges. This legal decision has not stopped him from seeking legal challenges to the courts decision in 1993 and in 2011 a Superior Court Judge dismissed a suit by Fabrikant against his colleagues that had been filed in 1992. He has filed so many lawsuits while behind bars that Canadian Courts have declared him a "vexatious litigant" and his computer access while in prison is limited.
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To screen from public reproach those who may be thus unhappily situated, let the husband be permitted to exercise the right of moderate chastisement, in cases of great emergency, and use salutary restraints in every case of misbehaviour, without being subjected to vexatious prosecutions, resulting in the mutual discredit and shame of all parties concerned." Although by the late 19th century courts were unanimously agreeing that husbands no longer had the right to inflict "chastisement" on their wives, the public policy was set at ignoring incidents deemed not 'serious enough' for legal intervention. In 1874, the Supreme Court of North Carolina ruled: :"We may assume that the old doctrine, that a husband had a right to whip his wife, provided he used a switch no larger than his thumb, is not law in North Carolina. Indeed, the Courts have advanced from that barbarism until they have reached the position, that the husband has no right to chastise his wife, under any circumstances.
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2519, codified as a note following 18 U.S.C. § 3006A) is a federal statute allowing federal courts to award attorneys' fees and court costs to criminal defendants "where the court finds that the position of the United States was 'vexatious, frivolous, or in bad faith.'"Shackford, Scott (2012-11-14) Supreme Court Declines to Tackle Prosecutorial Misconduct Case, Reason In such cases, the federal court may allow victims to recover some of the costs they incurred in fighting the government's investigation and prosecution by authorizing an award of attorneys' fees and court costs to a criminal defendant when the prosecution's evidence is so baseless as to be "frivolous." Compensation awarded under this statute would come out of the budget of the specific federal agency involved, typically the United States Attorney's Office. The measure was introduced by Representative Henry Hyde (Republican-Illinois) as a rider to an appropriation bill and worked into the final 1997 Department of Justice bill by the United States Congress.
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After Culloden he presided at the trial of the Scottish Jacobite peers, his conduct of which, though judicially impartial, was neither dignified nor generous; and he must be held partly responsible for the severity meted out to the rebels, and especially for the executions on obsolete attainders of Charles Radclyffe and (in 1753) of Archibald Cameron of Locheil. He carried out a major reform in 1746 which swept away the feudal power surviving in Scotland in the form of private heritable jurisdictions in the hands of the landed gentry. On the other hand, his legislation in 1748 for disarming the Highlanders and prohibiting the use of the tartan in their dress was vexatious without being effective. Hardwicke supported Chesterfield's reform of the calendar in 1751; in 1753 his bill for legalizing the naturalization of Jews in England had to be dropped on account of the popular clamour it excited; but he successfully carried a Marriage Act which became the basis of subsequent legislation.
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Charleton J. observed that KH merely "wished to live an ordinary life free from the continual strain of court appearances" and that JMH had "abused the processes of the court" to the point where the safety of the children was no longer the focus of the proceedings, instead focusing on "wrong that [was] more apparent than real". Regarding the divorce appeal, Charleton J. stated: > "The circumstances under which validly married couple might face a late > appeal claiming that the divorce of one of them was improperly granted are, > perhaps absent fraud on the system by both or one or other of them, > impossible to imagine. No decision is now to be made in that regard." Charleton J. held the appeal was vexatious and restated the order made by MacMenamin J. that JMH should have referred to the Circuit Court, and that in doing so many of the issues surrounding the case would have been avoided.
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On > the day of the payment, having received her portion, which she carefully hid > in the corner of her blanket, she came crawling along and seated herself on > the door step, to count her treasure.... In spite of their vexatious tricks, > she seemed very fond of them, and never failed to beg something of her > Father, that she might bestow upon them. She crept into the parlor one > morning, then straightening herself up, and supporting herself by the frame > of the door, she cried in a most piteous tone,—"Shaw-nee-aw-kee Wau-tshob- > ee-rah Thsoonsh-koo-nee-noh!" [Žuniya-ąké ho(kik)čąbira čųšgunįno] (Silver- > man I have no looking glass.) My husband smiling and taking up the same > little tone, cried, in return,— "Do you wish to look at yourself mother?" > The idea seemed to her so irresistibly comic that she laughed until she was > fairly obliged to seat herself upon the floor and give way to her enjoyment.
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The Elector now retired to Hanau, appointed his son Frederick William as regent, and took no further part in public affairs. Frederick William, without his father's coarseness, had a full share of his arbitrary and avaricious temper. Constitutional restrictions were intolerable to him; and the consequent friction with the Diet (lower house) was aggravated when, in 1832, Hans Hassenpflug was placed at the head of the administration. All the efforts of William II and his minister were directed to nullifying the constitutional controls vested in the Diet; and the Opposition was fought by manipulating the elections, packing the judicial bench, and a vexatious and petty persecution of political "suspects", and this policy continued after the retirement of Hassenpflug in 1837. Coat of arms of Hesse-Kassel (1846) The consequences emerged in the revolutionary year 1848 in a general manifestation of public discontent; and Frederick William, who had become Elector on his father's death (20 November 1847), was forced to dismiss his reactionary ministry and to agree to a comprehensive programme of democratic reform.
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He > is now going over to Akaroa to decide summarily certain claims of some of > the old settlers there, and my husband intends to go over and watch what he > is about; he can hardly help making mistakes, as he has no knowledge > whatever of his subject... vexatious, underhand way of doing business... an > overweening idea of his own importance..." Howard Jacobson, owner of the Akaroa Mail and Banks Peninsula Advertiser (father of Ethel May Jacobson), later wrote:Tales of Banks Peninsula, Howard Charles Jacobson, 1914 > "Colonel Campbell did not make things at all pleasant for the Canterbury > Association settlers. He was a disappointed man, having taken great interest > in the foundation of the settlement when in London, and fully expected to be > appointed first agent, a post that was afterwards given to Mr. Godley." Alfred Hamish Reed notes that Campbell:The Story of Canterbury, Last Wakefield Settlement, A.H. Reed, 1949, page 183 > "was looked upon by his fellows as a renegade. He had further aroused the > hostility of the leaders of the settlement by his decisions on certain "pre- > Adamite" [i.e.
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Lysias, by Jean Dedieu The traditional view is that the opprobrium against sycophants was attached to the bringing of an unjustified complaint, hoping either to obtain the payment for a successful case, or to blackmail the defendant into paying a bribe to drop the case. Other scholars have suggested that the sycophant, rather than being disparaged for being motivated by profit, was instead viewed as a vexatious litigant who was over-eager to prosecute, and who had no personal stake in the underlying dispute, but brings up old charges unrelated to himself long after the event. Sycophants included those who profited from using their position as citizens for profit. For instance, one could hire a sycophant to bring a charge against one's enemies, or to take a wide variety of actions of an official nature with the authorities, including introducing decrees, acting as an advocate or a witness, bribing ecclesiastical or civil authorities and juries, or other questionable things, with which one did not want to be personally associated.
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This precedent was shortly afterwards followed by another somewhat-similar case in which from April 16 to November 28, 1838, the French government blockaded the Mexican ports to coerce the Mexican government into acceptance of certain demands on behalf of French subjects who had suffered injury to their persons and damage to their property by insufficient protection by the Mexican authorities. The blockade of Buenos Aires and the Argentine coast from March 28, 1838 to November 7, 1840 by the French fleet, a coercive measure consequent upon vexatious laws affecting foreign residents in the Argentine Republic, seems to have been the first case in which the operation was notified to the different representatives of foreign states. The notification was given in Paris and Buenos Aires, and to every ship approaching the blockaded places. This precedent of notification was, a few years later (1845), followed in another blockade against the same country by Britain and France, and in one in 1842 and 1844 by Britain against the port of Greytown in Nicaragua.
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Once the authorities had restored revenue collections in the area, the local population were again subjected to frequent raids from the Revenue Police and township fines. These raids were often accompanied by public disturbances. In 1818, the disruption caused by these raids led the local population to petition parliament for relief from the frequent levying of harsh fines. The text of the petition highlighted many of the concerns of the local population: > That the petitioners are compelled to endure the most vexatious and > oppressive exactions under the name of fines for illicit distillation, > imposed upon the aforesaid Parish and townlands contained therein; that many > persons who are guiltless or incapable of illicit distillation, have been > forced to pay large portions of such fines, and that all proofs of > individual innocence are rejected as reasons for exemption from payment of > them; that the severity of diverse persons professing to bear excise > commissions has been so great that alarming disturbances have broken out in > their neighborhood and that the ordinary execution of the laws has failed in > restoring tranquility.
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The petition alleged that a how to vote card was handed out by Labor party workers to voters for the One Nation Party (ONP), which directed second preferences to Labor. The how to vote card was a Labor authorised card rather than an ONP authorised card. In the circumstances of the dispute, the court dismissed the petition. In 2001 and 2004, a person declared by the Supreme Court of Queensland to be vexatious, attempted to bring a case in the Court of Disputed Returns against the Premier of Queensland, Peter Beattie. The basis of his applications was a “remedy of long standing defects in respect of the manner in which the State and Nation’s affairs” are conducted,Skyring v Lohe [2004] QSC 089 and Skyring v Electoral Commission of Qld & Anor [2001] QSC 080 or in other words, that the Queensland Government was unconstitutional. The basis of his application was that the legal tender of money could only be made in coins made of gold (and not paper money or ordinary coins), and secondly, that the whole of the Queensland Government was invalid as a change to the governor’s office was not approved by way of a referendum.
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In May 2008 the Yorkshire Post revealed that Common Purpose had been granted free office space at the Department for Children, Schools and Families in Sheffield in 1997. A DCSF spokeswoman said the free office accommodation had been given in line with the policy of the then Education Secretary David Blunkett, a Sheffield MP, who had wanted to build better links with the local community. But Philip Davies, Conservative MP for Shipley, criticised the relationship between Government and Common Purpose as well as the fact it did not put the content of its training in the public domain. In January 2009 Third Sector magazine reported that Common Purpose was to face no further action from the Information Commissioner's Office. The announcement came following the ICO’s ruling in October 2008 that the charity was unlikely to have complied with the provisions in the Data Protection Act on processing personal data when it compiled a list containing the personal details of people who had made what it (CP) contended were "vexatious" requests under the Freedom of Information Act 2000 relating to its dealings with public authorities.
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Under California law a vexatious litigant is someone who does any of the following, most of which require that the litigant be proceeding pro se, i.e., representing himself: #In the immediately preceding seven-year period has commenced, prosecuted, or maintained in propria persona at least five litigations other than in a small claims court that have been (i) finally determined adversely to the person or (ii) unjustifiably permitted to remain pending at least two years without having been brought to trial or hearing. #After a litigation has been finally determined against the person, repeatedly relitigates or attempts to relitigate, in propria persona, either (i) the validity of the determination against the same defendant or defendants as to whom the litigation was finally determined or (ii) the cause of action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant or defendants as to whom the litigation was finally determined. #In any litigation while acting in propria persona, repeatedly files unmeritorious motions, pleadings, or other papers, conducts unnecessary discovery, or engages in other tactics that are frivolous or solely intended to cause unnecessary delay.
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In July 1774 Johnson visited Wales in Thrale's company, during which time they visited Hester's uncle Sir Lynch Cotton at Combermere in Denbighshire. Frances, the wife of Sir Lynch's son Robert "found Johnson, despite his rudeness, at times delightful, having a manner peculiar to himself in relating anecdotes that could not fail to attract old and young. Her impression was that Thrale was very vexatious in wishing to engross all his attention, which annoyed him much." Johnson wrote two verses for Thrale in 1775, the first in celebration of her 35th birthday,. and another in Latin to honour her.. Fanny Burney, in her diary, describes the conversations at several of Thrale's soirées, including one in 1779 about a young woman named Miss Sophy Streatfeild (1755–1835), who was a favourite of both Mr. Johnson and Mr. Thrale, rather to the chagrin of Hester, who commented that Sophy "had a power of captivation that was irresistible... her beauty joined to her softness, her caressing manners, her tearful eyes, and alluring looks, would insinuate her into the heart of any man she thought worth attacking."Frances Burney, p. 32.
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