The Executive further agrees that if any part of the agreements set forth in this Agreement or its application is construed as invalid or unenforceable, then the remainder of the Agreement or Agreements shall be in full force and effect without regard to any invalid or unenforceable portions thereof. But some redundancy phrases are so common that you might as well point them out. Today I talked to a friend about power and effect. I then checked EDGAR and found that the phrase appeared in 2,991 "substantive contracts" filed last month. This makes power and effect an integral part of the contractual landscape. Garner`s Dictionary of Legal Usage says it has "become part of the legal idiom." 11. Governing Law; Divisibility. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal or unenforceable, the parties agree that the court shall have the authority to modify, amend, or alter such provision(s) to make the Agreement legal and enforceable. If this Agreement cannot be modified to be enforceable, except for the general disclaimer, this provision will immediately become null and void, so that the remainder of this Agreement will remain in full force and effect. If the general wording of the release is found to be illegal or unenforceable, the Board member agrees to make an appropriate binding replacement release or, at the request of the Company, to return amounts paid under this Agreement. The protesters went into effect when the president arrived in Stockholm. "Power and effect." Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/force%20and%20effect.

Retrieved 11 October 2022. If for any reason any provision of this Agreement or part of a provision is held to be invalid, . and each of such other provisions and parts thereof shall remain in full force and effect in accordance with the law. Garner suggests that "the emphasis on force and effect may justify the use of the term, in drafting (treaties and statutes) rather than in court opinions." But this ignores the nature of contract language – it serves to convince anyone of anything, so this kind of emphasis has no place in a contract. This warranty will remain in full force until .. 7. Governing Law and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any action to enforce or violate this Agreement shall be subject to the exclusive jurisdiction of the Circuit Court located in and for Palm Beach County, Florida.

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal or unenforceable and cannot be modified to be enforceable, except for the general release provision, that provision shall immediately become null and void, and the remainder of this Agreement shall remain in full force and effect. The parties acknowledge that this Agreement is the result of negotiations and agree that it shall not be construed against any party on the basis of sole authorship. The parties agree that in any dispute relating to this Agreement (as determined by the competent court(s)), the prevailing party shall be entitled to recover its reasonable attorneys` fees and related costs, including attorneys` fees and costs associated with an appeal. Appropriate force is the degree of violence that is appropriate and not excessive to defend one`s person or property. A person who uses such force has the right to do so and is not criminally or civilly responsible for the conduct. and each of the agreements and obligations contained in the loan agreement and other loan documents is hereby affirmed with the same force and effect as if each had been separately set forth herein and entered into as of the date of this agreement; But the ubiquity of the phrase cannot hide the fact that you`d better get rid of violence and/or full force, as the case may be. 5. Agreement in force and in full effect. Unless expressly modified by this Second Amendment, the terms of the Agreement shall remain in full force and effect, and the Agreement as modified by this Amendment and all of its terms, including, but not limited to, warranties and representations, are hereby ratified and confirmed by the Trust and Daylight Saving Time from the Effective Date.

The expression is used without force or effect and with the same force and effect, but more often than not, you see it in full force and effect.

In addition to the general principles of good labour relations practice, dismissals, reductions and severance payments are governed by the provisions of the Reduction and Severance Pay Act. The provisions of this Act apply only to employees who meet the legal definition of "employee" under the Industrial Relations Act and who have completed at least one (1) year of service. Employment contracts are governed by the principle of contract law according to which a contract cannot be modified without the consent of the opposing party. Therefore, caution should be exercised when drafting all employment contracts. In addition, appropriate procedures should be followed when it becomes necessary to renegotiate any aspect of the employment relationship. In addition to the employment contract, certain terms and conditions of employment and/or obligations and rights of the employer and employee may also be required by statute or implied under common law, including those relating to, for example, minimum wage, severance reductions and severances, maternity leave, and health and safety. In addition to its political stability, strategic location and significant natural resources (especially natural gas), Trinidad and Tobago is attractive to foreign investors because of its skilled and productive workforce. The population is educated and has a high level of literacy. As the most industrialized Caribbean nation, Trinidad and Tobago has an experienced workforce in various activities, including all aspects of the oil, gas and petrochemical industries. An arbitral award or a decision of the Labour Court may be challenged only on the grounds that the Labour Court did not exercise its jurisdiction or exceeded its jurisdiction, that the order was obtained fraudulently, that it was vitiated by an error of law or that there was a specific illegality in the course of the proceedings. The Labour Court`s finding that an employee was dismissed in circumstances that were not in accordance with the principles of good labour relations practice is not subject to appeal. If the court finds that an employee was wrongly dismissed, it may award the employee reinstatement and/or financial damages, including damages and punitive damages.

The Labour Court has the power to make an award which it considers fair and just, having regard to the interests of the persons directly concerned and the community as a whole, the merits of the case before it and the principles of good labour relations practice. The Act also provides for mandatory mediation of labour disputes between an employer and its employees concerning the dismissal, employment, non-employment, suspension, refusal of employment, reinstatement or reinstatement of such workers and includes disputes relating to conditions of employment. According to the law, a labour dispute can only be initiated by (i) the employer, (ii) the majority recognized union for the collective bargaining unit to which the employee belongs, or (iii) if there is no recognized majority union, a union in which the employee(s) involved in the dispute are honourable members. For employees who do not belong to a trade union or for matters that do not fall within the jurisdiction of the Labour Court, disputes are usually settled amicably or by a traditional action for termination of the employment contract. The Labour Court established under the Industrial Relations Act has jurisdiction to hear and resolve "commercial disputes" between an employer and its employees, including disputes relating to the dismissal of employees, through compulsory arbitration. The Court shall exercise its jurisdiction in accordance with the principles of fairness, good conscience and good practice in industrial relations. However, this specialised court does not replace the traditional jurisdiction of the High Court for actions for breach of contract of employment or unfair dismissal. Ideally, employment contracts should be in writing, but there is no general rule to that effect. In practice, they are often done partly orally, partly in writing. Often, the basic terms and conditions of employment are set out in a letter of appointment, which usually includes a job description or an indication of the duties required, as well as a general provision that the employee must perform all other necessary duties.

If workers are represented by a recognised majority trade union, the terms of a collective agreement between the employer and the union may also govern the employment relationship. In addition to this general customary legal obligation, the Occupational Safety and Health Act (OSHA) establishes a legal framework for occupational health and safety. The scope of the law goes beyond traditional industrial operations to include stores, offices and other workplaces. The employer has a general customary duty to take reasonable care of the safety of its employees during the period of their employment, including the obligation to provide competent personnel, appropriate facilities and equipment, a safe workplace and a safe work system. Compliance with these regulations is critical because, in addition to certain criminal penalties, OSHA gives workers the right to refuse work if there is a danger to safety or health. Health, safety, health and safety, occupational health and safety Under the Workers` Compensation Act, an employer is required to pay compensation for injury or death to an employee as a result of a workplace injury. The value of this benefit is calculated according to a prescribed formula and depends in part on a medical assessment of the worker`s permanent partial disability. In the event of death or serious and permanent incapacity, the employer remains liable, even if the accident may have been caused by serious and intentional misconduct on the part of the employee. The amounts payable for workers` compensation are relatively modest. However, paying workers` compensation to an employee does not preclude the employee from bringing any other action he or she may have against the employer (for example, negligence).

However, in determining the compensation due to the worker, the Court takes into account the amount paid to him as workers` compensation. The Act prohibits discrimination on the basis of "status," which includes: (i) sex (but not sexual preference or orientation), (ii) race, (iii) ethnic origin, (iv) origin, including geographic origin, (v) religion, (vi) marital status, (vii) disability (including mental or mental illness or disorder). Age is not a category protected by law. Discrimination occurs when an employer treats an employee or potential employee less. However, the regulation does not apply to employees who receive an hourly rate of at least 1.5 times the minimum wage. Explanatory memorandum - Nationality, Immigration and Asylum Act 2018 Contributions are calculated on the basis of a formula set out in the Social Security Act. Essentially, the legislation sets out several "categories of earnings," each of which involves "assumed average weekly earnings." Earnings include more than salary or base salary, but include acting allowances, overtime, scholarships, allowances, commissions, production or efficiency bonuses, on-call service payments, hazard or dirt allowances, and dependents` allowances. The contribution payable for an individual employee is based on the assumed average weekly earnings of the class to which the individual employee belongs and a statutory rate adjusted from time to time. Effective September 2016, the legislated rate was increased to 13.2% of insurable earnings. Although these conditions are prima facie void because they are contrary to public policy, they may be enforceable if they are proportionate both between the parties and in the public interest. A restriction that purportedly takes effect after the termination of the employment relationship is not appropriate unless it protects certain legally recognized property interests of the employer. Even where those recognised interests are concerned, the restriction imposed on the employee must not exceed what is reasonably necessary to protect that interest, failing which they shall be null and void.

The terms of the employment contract should be carefully considered, as they clarify many important issues, such as the notice period required for dismissal and the conditions that the employer deems necessary to protect its intellectual property rights and trade secrets. Where appropriate, the contract may contain restrictive agreements prohibiting a former employee from setting up a competing business or working for a competitor in a given territory for a certain period of time. MOTOR VEHICLES AND ROAD TRAFFIC ACT (ENFORCEMENT AND ADMINISTRATION) CHAPTER 48:52 Current authorized pages Authorized safety: This includes regulations on the supply of clothing and protective devices, dust and smoke suppression, and machinery protection; The Equality Act generally prohibits employers from discriminating against employees or prospective employees on the basis of their gender, race, ethnicity, geographical origin, religion, marital status or disability.

What Does C Mean in a Court Case Number

CURATOR – A person appointed by a court to administer the estate of a protected person. APPEAL TO VARY – A complaint filed to vary an existing order or judgment due to a change in circumstances. For example, change complaints are often used in family relationship cases to review custody arrangements as children grow and their needs change. CONTEMPT OF COURT – An act or omission that violates a court order, interferes with the operation of the court, or does not respect the authority of the court. Contempt of court can be civil or criminal and can result in fines and/or imprisonment. Civil penalties for contempt are generally intended to induce someone to obey the instructions of the court. Criminal sanctions for non-compliance are generally intended to punish past misconduct. CAPIAS – Latin for “you take”. A warrant of arrest issued by the judge when a defendant in a civil case or a witness in a civil or criminal case who has received a summons to appear does not appear in court when necessary. CHILD SUPPORT ENFORCEMENT DIVISION (CSE) – A Ministry of Revenue (DOR) that provides services to custodial and non-custodial parents, including the collection of child support.

CSE lawyers appear in court to establish paternity and to establish, enforce and vary child support orders. CSE lawyers represent the ORD, not a parent. B) Full Insolvency Case Number – The full number is inserted by the Registry into the electronic file, insolvency notice and electronic filing notification (“NEF”) that CM/ECF users receive when a document is submitted on the electronic waybill. A complete bankruptcy file number includes the division of the court where the case was filed, the year it was filed, the type of case, five additional digits, and the initials of the judge assigned to the case. An example of a full number is: 2:11-BK-12345-SK, indicating that the case was filed in the Los Angeles division in 2011, is a bankruptcy case (not an opposing case), is numbered 12345 in that year`s order, and is assigned to the Honourable Sandra R. Klein. CONTINUATION WITHOUT CONCLUSION (CWOF) – If a judge in a criminal case concludes that there is sufficient evidence to support a guilty verdict, he or she may pursue the case for a period of time without reaching a guilty verdict. The indictment is dismissed at the end of this period without conviction if the accused meets the conditions imposed.

Often referred to as “CWOF” (pronounced “quaff”). COURT OFFICER – Judicial officers and auxiliary officers of the court are responsible for order and security in the courthouse. In collaboration with the judge, court officials ensure order in the courtroom. They also operate the barrier and escort people in custody through the building. Court officials also deal with jurors, register people when they arrive for jury duty, explain their obligations to them, escort groups of jurors around the courthouse and respond to their needs. Assistant court officers occupy the entrances to each courthouse, use metal detectors and assist the public in entering the courthouse. In other jurisdictions, bailiffs are often referred to as “bailiffs”. CHILD SUPPORT – In the case of family relationships, payments made by one parent, usually the non-custodial parent, to the other parent or custodial guardian to meet a child`s financial needs, including medical, dental, educational and child care expenses. The amount is determined by agreement or order of the court in accordance with the guidelines issued by the trial court for child support.

See CHILD SUPPORT POLICY. COURT SERVICE CENTRES – Court service centres provide information and support (but not legal advice) to self-represented litigants, lawyers and members of the public. They improve access to justice and the efficiency of judicial activities, including by helping self-represented parties understand and prepare for the judicial process. COMMIT – The act of sending a person to a prison, prison, psychiatric hospital or other facility under a court order. CHAIN OF CUSTODY – Documentation of the custody of real evidence, such as drugs or weapons. The party offering an item as evidence in court must prove where the item was from the time it was seized until it is presented as evidence in court (e.g. who transported the item from the place where it was found to the evidence record, who entered it in the locker, who took it out of the locker and when, and who brought it into the courtroom). This ensures that the evidence has not been altered. CHILD SUPPORT GUIDELINES – Official guidelines issued by the Chief Justice of the trial court, including a mathematical formula used by the court to determine an appropriate amount of child support. The income of the non-custodial parent and the non-custodial parent are taken into account.

CARI – “Information on Judicial Files”. A computerized database maintained by the Office of the Commissioner of Probation which contains a register of all criminal cases and certain civil cases involving a particular person. An ACIR report lists the involvement of a particular individual as a party in all Commonwealth courts. See CORI, CJIS, WMS. CERTIFICATE OF SERVICE – A statement signed by a party making an application or making a pleading attesting that all parties to the matter have been duly informed that the application or pleading has been filed and that a copy of the application or pleading has been served on them. CROSS-CLAIM, COUNTERCLAIM – In civil proceedings involving multiple plaintiffs or defendants, an action brought by a plaintiff against another plaintiff or by a defendant against another defendant. LEGAL GROUND – The legal issues underlying a case that allow a court to hear it. ACTIONS, BUSINESS OR CIVIL ACTIONS – Generally non-criminal matters involving the claim of a private person or company (e.g., a corporation) against another private person or entity, or the state, to protect a private civil right or to enforce a civil remedy, such as the payment of monetary damages. Examples of civil cases include personal injury cases, consumer protection cases, forced evictions, and abuse prevention orders.

COMMON LAW – A legal system that originated in England and has evolved from its beginnings to the present day, consisting of ancient and accepted customs, precedents and court decisions, old English laws and other unwritten but accepted norms. Common law is the basis of the legal system in all states of the United States except Louisiana. In Massachusetts, the common law is still in effect unless it has been amended or repealed by law. CLERK OF THE COURTS – The clerk of the Supreme Court department is an elected position, similar to the position of clerk of the court. The court clerk is an officer of the court with limited judicial powers and also heads the office of the registrar, which accepts pleadings, applications, examinations for discovery, etc., for submission, issues the trial, and maintains and retains court records. The clerk of the court serves not only as clerk for the superior court department in a county, but also as clerk of the Supreme Judicial Court if he serves in that county, and in counties where county government still exists, as well as clerk of county commissioners. In Suffolk, two law clerks are elected, one for civil cases and one for criminal matters. There is also an elected clerk of the Supreme Court of Suffolk County. (The Registrar of the Supreme Court is not elected, but appointed by the judges of the SJC for a five-year term.) CROSS-APPEAL – In an appeal, the appellant asks the tribunal to review aspects of the lower court`s decision that were not raised by the appellant in order to rescind and rescind those aspects while upholding the remainder of the decision. CHANGE OF NAME – An application to change a person`s name is heard by probate court and family court.

Court approval is not required to change the name, as long as the change is made for an honest purpose and without fraudulent intent. For example, people often change their names without court intervention when they get married. However, sometimes people want or need an official document confirming that they have changed their name. CONTINUATION – Postponement of proceedings pending before the courts. Registrar MAISTRATE – A registrar is an officer of the court who accepts documents such as pleadings, applications, examinations for discovery, etc. for filing; problem process; and maintains court records. A magistrate is a civil servant with limited judicial powers. In Massachusetts, a person can serve both clerks, as in the District Court, Boston City Court, Housing Court, and Trial Court departments. Magistrates are appointed by the governor. A) Small number of bankruptcy cases – A debtor, trustees and other parties should use a short code when submitting subsequent documents such as amended forms, requests, responses, opposing procedures, proof of claim, etc. The short number contains only the division, the year in which the bankruptcy or adversarial proceedings were initiated, the five-digit number of the bankruptcy or adversarial proceedings and the two letters of the judge assigned to the case.

If the court prepares orders after a judge has made a decision, the short code is on the first page of the decision. An example of a short code is 2:12-98751-VZ – This means that the bankruptcy case was filed in the Los Angeles division in 2012 and assigned to the Honourable Vincent Zurmolo.

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