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In law, ex parte (/ ɛ k s ˈ p ɑːr t eɪ,-iː /) is a Latin term meaning literally "from/out of the party/faction [1] of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ex parte decision is one decided by a judge without requiring all of the parties to the dispute to be present.
Ex parte Young, 209 U.S. 123 (1908), is a United States Supreme Court case that allows suits in federal courts for injunctions against officials acting on behalf of states of the union to proceed despite the State's sovereign immunity, when the State acted contrary to any federal law or contrary to the Constitution. [1]
In law, inter partes (Law Latin for 'between the parties' [1]) is a legal term that can be distinguished from in rem, which refers to a legal action whose jurisdiction is based on the control of property, or ex parte, which refers to a legal action that is by a single party.
"Adversary adjudication" is defined as a formal trial-type ex parte proceeding in which the agency is adverse to the party, and governed by 5 U. S. C. § 554 "trial type" proceedings, as opposed to an inter partes proceeding in which the agency adjudicates a dispute between two parties, or the less-formal proceedings of § 555.
ex tunc: from then Term used in contract law to specify terms that are voided or confirmed in effect from the execution of the contract. Cf. ex nunc. Ex turpi causa non oritur actio: ex nunc: from now on Term used in contract law to specify terms that are voided or confirmed in effect only in the future and not prior to the contract, or its ...
A government contract proposal, often called a government proposal in business, is a response to written requirements issued by a government entity that wants to buy something. All areas of government (national, state/provincial, and local) use written requirements to buy products or services to make purchasing fair and reduce costs.
The kind of contract modification performed by the law in question was arguably similar to the kind that the Framers intended to prohibit, but the Supreme Court held that this law was a valid exercise of the state's police power, and that the temporary nature of the contract modification and the emergency of the situation justified the law. [21]
The Contract Disputes Act of 1978 ("CDA", Pub. L. 95–563, 92 Stat. 2383), which became effective on March 1, 1979, establishes the procedures for handling "claims" relating to United States Federal Government contracts. It is codified, as amended, at 41 U.S.C. §§ 7101–7109.