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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.
In R v Medical Appeal Tribunal, ex parte Gilmore (1957), [6] the legality of the total ouster clause in section 36(3) of the National Insurance (Industrial Injuries) Act 1946 [10] was doubted by the Court of Appeal of England and Wales, which issued a certiorari (which would today be called a quashing order) against the Medical Appeal Tribunal ...
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]
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"The exception that proves the rule" is a saying whose meaning is contested. Henry Watson Fowler's Modern English Usage identifies five ways in which the phrase has been used, [1] and each use makes some sort of reference to the role that a particular case or event takes in relation to a more general rule.
The Party Admission rule is nearly universal in the U.S. Many states follow the Federal Rules of Evidence, but some do not. Those states do not draw a distinction between "exemptions" and "exceptions." However, the party admission is still admissible under all of the same circumstances as in rule 801(d). [8]
In common law jurisdictions and some civil law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
Ex parte Merryman, 17 F. Cas. 144 (C.C.D. Md. 1861) (No. 9487), was a controversial U.S. federal court case that arose out of the American Civil War. [1] It was a test of the authority of the President to suspend "the privilege of the writ of habeas corpus " under the Constitution's Suspension Clause , when Congress was in recess and therefore ...