Tribunal

LEGAL ARGUMENT STANDARD OF APPELLATE REVIEW In reviewing the enforceability of a preliminary injunction an appellate court is not bound by the trial court 's findings of fact, but may weigh the evidence anew and enter its own findings of fact and conclusions of law. Kennedy v. Kennedy, 160 N.C. App. 1, 8, 584 S.E.2d 328, 332 (2003). Thus, if we must consider the facts anew, the court has to determine the enforceability of a preliminary injunction just as how the trial court determines it. Preliminary injunctions may be issued by order by a judge: “When, during the litigation, it appears by affidavit that a party thereto is doing or threatens or is about to do, or is procuring or suffering some act to be done in violation of the rights of another party to the litigation respecting the subject of the action, and tending to render the judgment ineffectual; Or” North Carolina General Statutes § 1-485 (West 1973). A trial court issues a preliminary injunction only “(1) if a plaintiff is able to show likelihood of success on the merits of his case and (2) if a plaintiff is likely to sustain irreparable loss unless the injunction is issued, or if, in the opinion of the Court, issuance is necessary for the protection of a plaintiff 's rights during the course of a litigation.” Triangle Leasing Co., Inc. v. McMahon, 327 N.C. 224, 227, 393 S.E.2d 854,856-857 (1990) (Citing Waff Bro., Inc. v. Bank, 289 N.C. 198, 221 S.E.2d 273 (1976)). There is no dispute between parties that the…

Throughout the history, many awards have been created in order to recognize the best achievements. According to Oxford Dictionary, award is “the action of giving a payment, compensation, or prize”. Besides, prizes are awarded usually to people who accomplish to be the best in any specific category such as sports, school, artistic or even literature. In addition, within these categories, it can also find other different recognitions, since the awards tend to be dedicated to a concrete genre. For…

Belgrave, Michael, Historical Frictions: Maori Claims and Reinvented Histories, Auckland, 2005. In this book, Belgrave explores the changes that have occurred in the last hundred and fifty years regarding Waitangi Tribunal claims, the role of the Waitangi Tribunal and the relationship between Maori and non-Maori in New Zealand. Belgrave sheds light on nuances of the Treaty of Waitangi and the Waitangi Tribunal that are not commonly known. Belgrave provides evidence on various historical case…

equality for all its citizens. In Canada, the Constitution is the supreme law of the land. Any laws or actions of government not in accordance with the constitution are unlawful. This ensures that public officials do not abuse their powers. Historically, Courts have been at the forefront of holding public officials responsible for abuse of power, for example in SCC case Roncarelli v. Duplessis. However with the recent rise of Administrative tribunals, this role has been increasingly assumed by…

The Bangladesh War Crime Tribunal has currently been putting criminals on trial for genocide without letting the accused defend them selfs or in Abdul Kalam Azad case, held the trial without him present. Afghanistan believes that Bangladesh War Crime Tribunal need to be reformed because of the unfair and injustice prosecution that these Jamaat-e-Islami leaders have faced. Even though the leader sported the Pakistani military when a mass murdered about three million people, they still should…

Tokyo Tribunal The International Tribunal for the Far East (Tokyo Tribunal), on the other hand, did convict Japanese war criminals on charges of rape. However, it stopped short of considering the military sexual slavery of comfort women . In the case before the Tokyo Tribunal , General Matsui Iwane was indicted for charges that included “mass murder, rape, pillage…”, as he had been the commander-in-Chief of the Japanese Forces, and was commander of Japan’s Central China Expeditionary Force.…

HUMAN RIGHTS TRIBUNAL TRIBUNAL ASSIGNMENT LAWS 228 Section 002 Kuangli Zou 300783156 The tribunal I visited is Human Rights Tribunal of Ontario, which is located at 655 Bay Street, 14th Floor. It is one of the seven tribunals, which form the Social Justice Tribunals Ontario (SJTO, 2015); and the other six tribunals are Child and Family Services Review Board, Criminal Injuries Compensation Board, Landlord and Tenant Board, etc. The case I heard is about sexual…

Self Interest in International Courts and Tribunals International justice and law is a tool used by powerful states directed against smaller states. I would go even further and argue that international bodies, when controlled by powerful states, is a tool meant to intervene specifically in conflicts where those same powerful states could benefit. International tribunals, specifically the ICC, have motives that make the pursuit of justice desirable. Through the lens of a realism, I see the ICC…

PRESENTATION SELF-REFLECTION 1. Your Name: Carly Stansfield 2. Adjudicative Tribunal researched: Social Benefits Tribunal. 3. What did you contribute to this group assignment? My contribution to the group assignment was creating a slide that gave a brief description of the Social Benefits Tribunal. I researched the information on the Social Benefits Tribunal’s website and by reviewing the enabling legislation. I also provided the information for types of matters the tribunal deals with. I was…

Convention is forced to take severe action quickly against the defiance of the law. In order to maintain control, it is necessary for lawbreakers to be punished even if it requires death. As a result, in December 1793, “counterrevolution in western France [was] near collapse” (Doc A). To control the areas of resistance, the idea of strict punishments combined with terror was required to contain the chaos. Thus, when considering the benefit of the country as a whole, taking such measures was not…