If a party is dissatisfied with the finding of such a tribunal, one generally has the power to request a trial " de novo " by a court of record.

The Supreme Court of Virginia has stated that '" This Court has repeatedly held that the effect of an appeal to circuit court is to " annul the judgment of the inferior tribunal as completely as if there had been no previous trial.

# Direct contempt is that which occurs in the presence of the presiding judge ( in facie curiae ) and may be dealt with summarily: the judge notifies the offending party that he or she has acted in a manner which disrupts the tribunal and prejudices the administration of justice.

Under the " independent tribunal " requirement, the Court has ruled that military judges in Turkish state security courts are incompatible with Article 6.

: " Previous research has argued that the innocence problem is minimal because defendants are risk-prone and willing to defend themselves before a tribunal.

Section 1 ( 4 ) has effect in relation to proceedings in the Court of Justice of the European Communities as it has effect in relation to a judicial proceeding in a tribunal of a foreign state.

The Supreme Court of Virginia said this in Santen v. Tuthill, 265 Va. 492 ( 2003 ), about the practice of an appeal from district court trial de novo to circuit court: " This Court has repeatedly held that the effect of an appeal to circuit court is to ' annul the judgment of the inferior tribunal as completely as if there had been no previous trial.

The issue must be presented to an international tribunal or arbiter ( usually specified in the treaty itself ) to legally establish that a sufficiently serious breach has in fact occurred.

" Afterwards, during a formal inquiry of the events, Polenin speaks highly of Captain Vostrikov, and rebukes the convened tribunal for the hostile interrogations of both Vostrikov, and the radiation afflicted crew, even going so far as to say: " None of you ... none of you ... has the right to judge Captain Vostrikov.

Each tribunal has a distinct cultural and historical flavor which affects play.

If there is a question of whether a person is a lawful combatant, he ( or she ) must be treated as a POW " until their status has been determined by a competent tribunal " ( GCIII Article 5 ).

In Canadian administrative law, whether an individual has standing to bring an application for judicial review, or an appeal from the decision of a tribunal, is governed by the language of the particular statute under which the application or the appeal is brought.

The Latin word basilica ( derived from Greek, βασιλική στοά, Royal Stoa, the tribunal chamber of a king ), has three distinct applications in modern English.

The tribunal has jurisdiction over genocide, crimes against humanity and war crimes, which are defined as violations of Common Article Three and Additional Protocol II of the Geneva Conventions ( dealing with war crimes committed during internal conflicts ).

So far, the tribunal has finished 50 trials and convicted 29 accused persons.

After a " competent tribunal " has determined that an individual detainee is an unlawful combatant, the " detaining power " may choose to accord the detained unlawful combatant the rights and privileges of a prisoner of war as described in the Third Geneva Convention, but is not required to do so.

If there is any doubt about whether a detained alleged combatant is a " lawful combatant " then the combatant must be held as a prisoner of war until his or her status has been determined by " a competent tribunal ".

But in all Commonwealth jurisdictions — as distinguished from its American counterpart — it has evolved into a general remedy for the correction of plain error, to bring decisions of an inferior court or tribunal or public authority before the superior court for review so that the court can determine whether to quash such decisions.

When the court, before whom the matter is pending, has ceased to exist, in that condition too, the writ of prohibition will not lie because there can be no proceedings upon which it can operate but on the other hand, if the court is functioning, the writ can be issued at any stage of the proceeding before the inferior court or tribunal.

It has a tribunal of first instance.

As head of the civil service in Wales, Morgan's administration has been faced with a number of legal issues including an employment tribunal when the service dismissed blogger Christopher Glamorganshire in the Autumn of 2007, and a civil court action from Christine Davies after an accusation of sexual harassment from a senior manager was ignored.

It also specifies that when there is any doubt whether a combatant belongs to the categories in article 4, they should be treated as such until their status has been determined by a competent tribunal.

The tribunal also has notaries who swear in witnesses and commit their testimony to writing.

This greatly promoted the independence of the See of Utrecht, so that no clergy or laity from Utrecht would ever be tried by a Roman tribunal.

The tribunal is a private undertaking with no power to arrest or pronounce a sentence ; its verdicts apparently are advisory only, intended to create an historical record.

David Crane the first Chief Prosecutor of the Sierra Leone tribunal, chose to interpret the statute so that the tribunal's policy was to prosecute those who recruited the children rather than the children themselves no matter how heinous the crimes they had committed.

Judge James Robertson of the U. S. District Court for the District of Columbia ruled in Hamdan v. Rumsfeld that no competent tribunal had found that Hamdan was not a prisoner of war under the Geneva Conventions.

The Moriarty tribunal found that, of the £ 270, 000 collected in donations for Brian Lenihan, no more than £ 70, 000 ended up being spent on Lenihan's medical care.

If no superintending tribunal of this nature were established, different courts might adopt different and even contradictory rules of decision ; and the distractions, springing from these different and contradictory rules, would be without remedy and without end.

These complaints were dismissed by the tribunal who claimed they had no jurisdiction over NATO.

It indicates that the effect follows even if no verdict ( in Latin, sententia ) is pronounced by an ecclesiastical superior or tribunal.

The tribunal came to the consensus that Neurath, though a willing and active participant in war crimes, held no such prominent position during the height of the Third Reich's tyranny and was therefore only a minor adherent to the atrocities committed.

The law therefore finds it necessary to subject this form of evidence to “ scrutiny or analysis calculated to discover and expose in detail its possible weaknesses, and thus to enable the tribunal ( judge or jury ) to estimate it at no more than its actual value ”.

He was also a supreme judge of appeal ; in cases which were brought before his court from a lower tribunal there was no further appeal to the Emperor.

" While we will not hesitate to send those found with cases to answer before the special military tribunal, no person will be kept in detention a-day longer than necessary if investigations have not so far incriminated him.

This has a major influence on the markets as the Earl is the freeholder and generally has no desire to sell ; although changes in legislation now mean the freeholder is obliged to sell lease extensions to a leaseholder at prices which are determined by the Leasehold valuation tribunal.

State Security cases were handled by a military tribunal from which there was no appeal.

* Déférés devant un tribunal d ' exception, no editor mentioned, Paris, 1968.

There is no inherent common law right to legal representation before a domestic tribunal.

Although only an alternate member of the tribunal without a vote, his voice was heard in all of its deliberations, his hand drafted a large and most important part of its judgment, and no one connected with the tribunal, member or otherwise, had a greater part than he in shaping the final result.

* Count II: conspiracy to commit crimes against peace and crimes against humanity: The count was dismissed, the tribunal finding that no evidence was offered.

Wrongful dismissal is the lesser type of unlawful dismissal, costing only what it would have done to keep the employee during the notice period, but it can be slightly dangerous for the employer due to the potential loss of restrictive covenants and due to the employee being able to start alleging all sorts of breaches of contract to try to use up the £ 25, 000 breach of contract allowance in a tribunal, and if he takes the employer to court instead there is no limit and it could end up paying significant costs.

Rex Murphy also criticized the OHRC, writing questioned " Did no one at this " human rights " tribunal look at the penalty of the ill-decided case and see that the consequences flowing from the penalty was itself the real violation of human rights?