BakerHostetler’s Post

Legislatures and Parliament may not be able to preclude a judicial review application by enacting a limited right of appeal. To learn more, read my latest article in LexisNexis Canada Inc.'s Law360 Canada. #judicialreview #appeal #appeallawyer

Honoured to have penned the first blog piece of The Socratic SideBar, a publication by Mount Kenya University Students Law Review. In it I weigh in on the recent happenings around the Supreme court. This is but the first of many more to come !! Unlock infinite legal commentary, one article at a time! #MKUSLARedition1

Associates Nicholas Bellos and Marianne Bradley write about the complexities of navigating the Uniform Interstate Depositions and Discovery Act. Now adopted by 46 states, the UIDDA has significantly streamlined the interstate subpoena process, but procedural pitfalls and strategic considerations still remain. Nick and Mare share important practice tips and advice for lawyers in The Legal Intelligencer. https://lnkd.in/ez7GMbka #HASPS

Master's office implementing new procedures in dealing with litigation The Acting Chief Master released a new directive, Chief Master Directive 1 of 2024 setting out the process that should be followed when various offices receives court documents. In many cases the offices do not act timeously and this leads to cost orders and adverse findings. The Acting Chief Master has now prescribed specific procedures that the offices must follow to report served documents to the Head of Departments and the Office of the Chief Master. Specific timeframes and requirements are now prescribed to decrease legal costs and litigation. #ChiefMaster 2024-01_CHM-directive.pdf (justice.gov.za)

🎓 #CriminalJusticeMinute: Understanding the American Court Structure ⚖️ Did you know the U.S. has a dual court system? This means each state has its own judicial system and there’s also a federal system! 🏛️ A court’s jurisdiction defines its authority to hear and decide cases, and it can vary by location and type of case. Here’s a quick breakdown: Original Jurisdiction: Where cases start. Appellate Jurisdiction: Reviews for legal errors. General Jurisdiction: Handles any case. Special Jurisdiction: Only specific cases. Subject Matter Jurisdiction: Focuses on particular issues. Personal Jurisdiction: Involves the people in the lawsuit. Stay tuned for more insights! 💡 #MoraineValleyCRJ #CRJ101 #CourtStructure #KnowYourSystem

In a recent statement, Justice Muneeb Akhtar raised significant concerns regarding Chief Justice Qazi Faez Isa's handling of the 63-A review matter. He remarked that despite being in the minority within the judges' committee, Chief Justice Isa chose to form a bench, sidelining the committee's decision and including himself in the process. Akhtar further claimed that instead of addressing the constitutional and legal questions posed by Justice Mansoor Ali Shah's letter, Isa seemed more focused on self-aggrandizement, becoming part of a campaign allegedly rooted in bad faith against him. This raises critical questions about judicial conduct, bench formation, and the impartiality of decision-making at the highest levels of the judiciary. #JudicialIndependence #BenchFormation #RuleOfLaw #LegalIntegrity #SupremeCourt #JudicialConduct #LegalAnalysis #ConstitutionalLaw #Justice

Commenting in an article in the LexisNexis New Law Journal, associate Evie Smyth addresses the amendments to the Family Procedure Rules (#FPR) that took effect on 29 April 2024. These changes encourage the pursuit of non-court dispute resolutions (#NCDR). Evie acknowledges the need to keep proceedings out of court amidst the backlog of family court cases, but raises questions about the extent to which the courts will apply the new rules and whether this will mark a shift in the adoption of NCDR. Read more via the link below: 🔗https://lnkd.in/eNdp5m4M #FamilyLaw #FamilyProcedureRules

The scope of protector powers has been the source of considerable judicial scrutiny in different Courts in recent years. Bethan Byrne and Peter Steen explore some of the most prominent cases, including the recent judgment in 𝘐𝘯 𝘵𝘩𝘦 𝘔𝘢𝘵𝘵𝘦𝘳 𝘰𝘧 𝘵𝘩𝘦 𝘉 𝘛𝘳𝘶𝘴𝘵: https://lnkd.in/e93wdg36

I am pleased to announce the publication of my case summary on Dolly Rani v. Manish Kumar Chanchal, 2024 SCC Online SC 754. This case addresses significant legal principles and their application, offering valuable insights into contemporary judicial reasoning. I look forward to engaging with fellow professionals and scholars to discuss the implications of this case. #LegalResearch #CaseLaw #JudicialInsights #LawProfession

Proper clarification must be done