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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: from [for] one party A decision reached, or case brought, by or for one party without the other party being present. ex post: from after Based on knowledge of the past. ex post facto: from a thing done afterward Commonly said as "after the fact." ex post facto law
The decision in Anisminic, which held that total ouster clauses do not safeguard decisions affected by errors of law from judicial review, poses a challenge to the judgment in Smith, but the latter was affirmed by the Court of Appeal of England and Wales in R v Secretary of State for the Environment, ex parte Ostler (1976). [53]
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]
Inter partes, Latin for 'between the parties', [1] is a law 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.
A search warrant is a court order that a magistrate or judge issues to authorize law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate any evidence they find. In most countries, a search warrant cannot be issued in aid of civil process.
Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". [1] It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.
Case history; Prior: Motion to dismiss denied, 801 F. Supp. 655 (S.D. Fla. 1992); reversed, 11 F.3d 1016 (11th Cir. 1994); cert. granted, 513 U.S. 1125 (1995).: Holding; Congress does not have the power under the Commerce Clause to abrogate the sovereign immunity afforded to states under the 11th Amendment; the doctrine of Ex parte Young, which allows parties to seek relief against state ...