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The Tomlin order permits either party to apply to court to enforce the terms of the order, which avoids the need to start fresh proceedings. The terms of the schedule do not form part of the court order and so may remain confidential, and they may include matters outside the jurisdiction of the court or the scope of the case in hand.
Thomas James Chesshyre Tomlin, Baron Tomlin, PC (6 May 1867 – 13 August 1935) was a British barrister and judge who served as lord of appeal in ordinary from 1929 until his death in 1935. Early life and career
To get around the issue of confidentiality referred to above, a standard procedure consent order, known as a Tomlin Order is entered into. The order itself contains an agreement that the claim is stayed and no further action can be taken in court (except for referring a dispute in the implementation of the order to court, which is allowed). The ...
United States v. O'Brien, 391 U.S. 367 (1968) A criminal prohibition against draft-card burning does not violate the First Amendment because its effect on speech is only incidental, and it is justified by the significant governmental interest in maintaining an efficient and effective military draft system. Pickering v.
These past decisions are called "case law", or precedent. Stare decisis —a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969), was a landmark decision by the United States Supreme Court that recognized the First Amendment rights of students in U.S. public schools.
The modern system of near-universal national conscription for young men dates to the French Revolution in the 1790s, where it became the basis of a very large and powerful military. Most European nations later copied the system in peacetime, so that men at a certain age would serve 1 to 8 years on active duty and then transfer to the reserve force.
The Practice Statement [1966] 3 All ER 77 [1] was a statement made in the House of Lords by Lord Gardiner LC on 26 July 1966 on behalf of himself and the Lords of Appeal in Ordinary, that they would depart from precedent in the Lords in order to achieve justice.