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harassment of any other party in the courtroom, including committing an assault against the defendant in a criminal case. There have been instances during murder trials that grieving family members of murder victims have attacked the defendants in courtrooms in plain view of judges, bailiffs, and jurors, leading to said family members to be charged with contempt. Direct contempt is an unacceptable act in the presence of the judge (
825:" This stance is not universally agreed with by other areas of the legal world, and there have been many calls to have contempt cases to be tried by jury, rather than by judge, as a potential conflict of interest rising from a judge both accusing and sentencing the defendant. At least one Supreme Court justice has made calls for jury trials to replace judge trials on contempt cases.
849:, with extremely limited exceptions, unless the media outlet is a party to the case, a media outlet cannot be found in contempt of court for reporting about a case because a court cannot order the media in general not to report on a case or forbid it from reporting facts discovered publicly. Newspapers cannot be closed because of their content.
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involve acts of omission. The judge will make use of warnings in most situations that may lead to a person being charged with contempt if the warnings are ignored. It is relatively rare that a person is charged for contempt without first receiving at least one warning from the judge. Constructive contempt, also called
804:
could be held indefinitely for his failure to produce $ 2.5 million as a state court ordered in a civil trial. Chadwick had been imprisoned for nine years at that time and continued to be held in prison until 2009, when a state court set him free after 14 years, making his imprisonment the longest on
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is generally not considered to be a criminal offense, with the party benefiting from the order also holding responsibility for the enforcement of the order. However, some cases of civil contempt have been perceived as intending to harm the reputation of the plaintiff, or to a lesser degree, the judge
229:
Contempt of court is essentially seen as a form of disturbance that may impede the functioning of the court. The judge may impose fines and/or jail time upon any person committing contempt of court. The person is usually let out upon an agreement to fulfill the wishes of the court. Civil contempt can
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trusts, where the court has ordered a settlor of an asset protection trust to repatriate assets so that the assets may be made available to a creditor. A court cannot maintain an order of contempt where the imposed party does not have the ability to comply with the underlying order. This claim when
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definition of contempt (which was previously based upon a presumption that any conduct could be treated as contempt, regardless of intent), to only instances where there can be proved an intent to cause a substantial risk of serious prejudice to the administration of justice (i.e./e.g., the conduct
600:
has issued guidance as to when he believes this to be the case, and there is also statutory guidance. The clause prevents the newspapers and media from publishing material that is too extreme or sensationalist about a criminal case until the trial or linked trials are over and the juries have given
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Indirect contempt occurs outside the immediate presence of the court and consists of disobedience of a court's prior order. Generally a party will be accused of indirect contempt by the party for whose benefit the order was entered. A person cited for indirect contempt is entitled to notice of the
471:
Disorderly, contemptuous or insolent behaviour toward the judge or magistrates while holding the court, tending to interrupt the due course of a trial or other judicial proceeding, may be prosecuted as "direct" contempt. The term "direct" means that the court itself cites the person in contempt by
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Failure to comply with a court order. A copy of the order, with a "penal notice"—i.e., notice informing the recipient that if they do not comply they are subject to imprisonment—is served on the person concerned. If, after that, they breach the order, proceedings can be started and in theory the
196:
A finding of being in contempt of court may result from a failure to obey a lawful order of a court, showing disrespect for the judge, disruption of the proceedings through poor behavior, or publication of material or non-disclosure of material, which in doing so is deemed likely to jeopardize a
237:
Indirect contempt is something that is associated with civil and constructive contempt and involves a failure to follow court orders. Criminal contempt includes anything that could be considered a disturbance, such as repeatedly talking out of turn, bringing forth previously banned evidence, or
828:
The United States
Marshals Service is the agency component that first holds all federal prisoners. It uses the Prisoner Population Management System /Prisoner Tracking System. The only types of records that are disclosed as being in the system are those of "federal prisoners who are in custody
561:", added search criteria which localised her search and brought to light another charge against the defendant. Because she then shared this information with the other jurors, the judge stated that she had compromised the defendant's right to a fair trial and the prosecution was abandoned.
748:) 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. After giving the person the opportunity to respond, the judge may impose the sanction immediately.
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to arrange for the arrest of the individual, and imprisonment until the date and time the court appoints to next sit. In practice a groveling letter of apology to the court is sufficient to ward off this possibility, and in any event the warrant is generally "backed for bail"—i.e.,
670:
Criminal contempt: Under
Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever
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In addition, certain appeal boards are given the statutory authority for contempt by them (e.g., Residential Care Home, Hotel and
Guesthouse Accommodation, Air Pollution Control, etc.). For contempt in front of these boards, the chairperson will certify the act of contempt to the
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commented that "punishment of an advocate for what he or she says in court, whether a criticism of the judge or a prosecutor, amounts to an interference with his or her rights under article 10 of the ECHR" and that such limits must be "prescribed by law" and be
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or similar court officer) is limited in its imposition for so long as the disobedience to the court's order continues: once the party complies with the court's order, the sanction is lifted. The imposed party is said to "hold the keys" to their own cell, thus conventional
327:
Under
Federal Court Rules, Rules 466, and Rule 467 a person who is accused of Contempt needs to be first served with a contempt order and then appear in court to answer the charges. Convictions can only be made when proof beyond a reasonable doubt is achieved.
331:
If it is a matter of urgency or the contempt was done in front of a judge, that person can be punished immediately. Punishment can range from the person being imprisoned for a period of less than five years or until the person complies with the order or fine.
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of the court, and "the requirement of a jury does not apply to 'contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United
666:
Civil contempt: Under
Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a
646:
person involved can be sent to prison. In practice this rarely happens as the cost on the claimant of bringing these proceedings is significant and in practice imprisonment is rarely ordered as an apology or fine are usually considered appropriate.
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describing the behaviour observed on the record. Direct contempt is distinctly different from indirect contempt, wherein another individual may file papers alleging contempt against a person who has willfully violated a lawful court order.
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to refuse to disclose his sources, unless the court has considered the evidence available and determined that the information is "necessary in the interests of justice or national security or for the prevention of disorder or crime".
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Under the
Contempt of Court Act it is criminal contempt to publish anything which creates a real risk that the course of justice in proceedings may be seriously impaired. It only applies where proceedings are active, and the
234:, is when a person fails to fulfill the will of the court as it applies to outside obligations of the person. In most cases, constructive contempt is considered to be in the realm of civil contempt due to its passive nature.
567:
also have powers under the 1981 Act to order to detain any person who "insults the court" or otherwise disrupts its proceedings until the end of the sitting. Upon contempt being admitted or proved the (invariably)
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or against a magistrate is in breach of section 99 of the
Magistrates Ordinance (Cap 227) which states the magistrate can 'summarily sentence the offender to a fine at level 3 and to imprisonment for 6 months.'
166:
There are broadly two categories of contempt: being disrespectful to legal authorities in the courtroom, or willfully failing to obey a court order. Contempt proceedings are especially used to enforce
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pending criminal proceedings." The records of "alleged civil contempors" are not listed in the
Federal Register as being in the system leading to a potential claim for damages under The Privacy Act,
520:
Contempt "in the face of the court" (not to be taken literally; the judge does not need to see it, provided it took place within the court precincts or relates to a case currently before that court);
720:, acts of contempt are generally divided into direct or indirect, and civil or criminal. Direct contempt occurs in the presence of a judge; civil contempt is "coercive and remedial" as opposed to
384:
along with members from the various tribunals and
Coroner's Court all have the power to impose immediate punishments for contempt in the face of the court, derived from legislation or through
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wrote in a dissent, "It is high time, in my judgment, to wipe out root and branch the judge-invented and judge-maintained notion that judges can try criminal contempt cases without a jury."
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that declares a person or organization to have disobeyed or been disrespectful of the court's authority, called "found" or "held" in contempt. That is the judge's strongest power to impose
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Civil contempt is only appropriate when the imposed party has the power to comply with the underlying order. Controversial contempt rulings have periodically arisen from cases involving
1133:
348:, a person who is found to be in contempt may be imprisoned for a period of less than two years or fined. Similar procedures for serving an order first is also used at the Tax Court.
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of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the court. A similar attitude toward a legislative body is termed
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charge and an opportunity for hearing of the evidence of contempt and, since there is no written procedure, may or may not be allowed to present evidence in rebuttal.
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or, in more serious cases, imprisonment) is imposed unconditionally. The civil sanction for contempt (which is typically incarceration in the custody of the
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1318:"Obstruction of Justice: An Overview of Some of the Federal Statutes That Prohibit Interference with Judicial, Executive, or Legislative Activities"
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It will be contempt to bring an audio recording device or picture-taking device of any sort into an
English court without the consent of the court.
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can only issue a summons to an offender for contempt, which will be dealt with by a judge, even if the offence was done in the face of the justice.
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Failing to maintain a respectful attitude, failing to remain silent or failing to refrain from showing approval or disapproval of the proceeding
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Sanctions for contempt may be criminal or civil. If a person is to be punished criminally, then the contempt must be proven beyond a
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Federal Register on November 8, 1999 in Vol. 64, No. 215 page 60836 a "Revised Notice regarding its Prisoner Tracking System"
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Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
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In Canada, contempt of court is an exception to the general principle that all criminal offences are set out in the federal
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When a court decides that an action constitutes contempt of court, it can issue an order in the context of a court
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will be granted once the arrest has been made and a location where the person can be found in future established.
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who had researched information on the internet was jailed for contempt of court. Theodora Dallas, initially
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242:), and generally begins with a warning; it may be accompanied by the immediate imposition of a punishment.
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jurisdiction), the law on contempt is partly set out in case law (common law), and partly codified by the
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Interfering with the orderly administration of justice or impairing the authority or dignity of the court
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1134:"Islamic State recruiter's wife Moutia Elzahed may be first charged under disrespectful behaviour laws"
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468:. The maximum penalty for criminal contempt under the 1981 Act is committal to prison for two years.
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Where it is necessary to act quickly, a judge may act to impose committal (to prison) for contempt.
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Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or
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Hill, G. (2008). Contempt of Court. Retrieved April 12, 2008 from , Law.dictionary.com Web site:
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or social service for someone found guilty of contempt of court, which makes contempt of court a
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Hill, G. (2008). Contempt of Court. Retrieved April 12, 2008 from, Law.dictionary.com Web site:
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There have been criticisms over the practice of trying contempt from the bench. In particular,
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Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or
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A sheriff or bailiff not executing a writ of the court forthwith or not making a return thereof
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Scarce, Rik. "Contempt of Court: A Scholar's Battle for Free Speech from behind Bars" (2005) (
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A Belgian correctional or civil judge may immediately try the person for insulting the court.
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Where it is not necessary to be so urgent, or where indirect contempt has taken place the
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1263:"Contempt of Court, Reporting Restrictions and Restrictions on Public Access to Hearings"
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systems usually have more extensive power to declare someone in contempt than judges in
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will institute criminal proceedings on his behalf before a Divisional Court of the
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945:"contempt: definition of contempt in Oxford dictionary (American English) (US)"
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Direct contempt is that which occurs in the presence of the presiding judge (
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In civil proceedings there are two main ways in which contempt is committed:
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Different procedures exist for different provincial courts. For example, in
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1419:"In re Marciano - an analysis of the impossibility defense in contempt"
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In the United States, because of the broad protections granted by the
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155:(as in "to contemn a court order") and a person guilty of this is a
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made by the imposed party is known as the "impossibility defense".
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requiring attendance. In respect of the High Court, historically a
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who will then proceed with a hearing and determine the punishment.
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1295:(5th ed.). Thomson Reuters (Professional) Australia. 11-111.
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Bray, Samuel (2014). "The Myth of the Mild Declaratory Judgment".
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has ruled that this power can apply in these three circumstances:
139:", is the crime of being disobedient to or disrespectful toward a
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It will not be contempt according to section 10 of the Act for a
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There are limits to the powers of contempt created by rulings of
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who leaves without permission of the court during proceedings
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768:, but once the charge is proven, then punishment (such as a
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Breach of a duty imposed upon a solicitor by rules of court
254:, a judge may impose a fine or jail for contempt of court.
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1369:. Donlevy-Rosen & Rosen, P.A.: Westlaw. Archived from
508:, and Crown Courts have the power to punish contempt. The
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is not required. In federal and most state courts, the
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1252:, published 23 January 2012, accessed 21 November 2023
1140:. Australian Broadcasting Corporation. Archived from
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Section 2 of the Act defines and limits the previous
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947:. Oxforddictionaries.com. 2014-08-05. Archived from
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The use of insulting or threatening language in the
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Failing to perform duties as an officer of the court
296:
Willfully disobeying a process or order of the court
286:
Contempt of court includes the following behaviors:
1393:"The Importance of Proper APT Design & Counsel"
174:. In some jurisdictions, the refusal to respond to
60:. Unsourced material may be challenged and removed.
973:(2 ed.). Detroit: Thomson/Gale. p. 155.
840:
800:(3d Cir. 2002), a U.S. court of appeals held that
724:. In the United States, relevant statutes include
193:for acts that disrupt the court's normal process.
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1421:. Donlevy-Rosen & Rosen, P.A. Archived from
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1064:
1287:Londono, Patricia; Eady, David; Smith, A.T.H.;
1183:"Provincial Court Act Jurisdiction of justice"
926:Offence of scandalizing the court in Singapore
707:Offence of scandalizing the court in Singapore
27:Offense of disobedience or disrespect in court
1112:"Contempt & court reporting in Australia"
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661:In India, contempt of court is of two types:
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590:
1395:. The Asset Protection News. Archived from
971:West's Encyclopedia of American Law, Vol. 3
789:, a lower standard than in criminal cases.
969:Lehman, Jeffrey; Phelps, Shirelle (2005).
547:High Court of Justice of England and Wales
309:
279:. Contempt of court is the only remaining
293:Refusing or neglecting to obey a subpoena
201:. A judge may impose sanctions such as a
120:Learn how and when to remove this message
1595:Common law offences in England and Wales
1208:"CONTEMPT OF COURT A Consultation Paper"
1131:
408:or recording devices without permission)
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398:Interrupts the proceedings of the court
151:. The verb for "to commit contempt" is
14:
1567:
1391:Howard Rosen; Patricia Donlevy-Rosen.
526:Breaches of undertakings to the court.
479:. Reporting on contempt of court, the
392:Insult a judge or justice, witness or
335:
1293:Arlidge, Eady & Smith on Contempt
1132:Robinson, Natasha (9 December 2016).
621:Failure to attend at court despite a
270:
1416:
1038:
792:In civil contempt cases there is no
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417:Disobeying a judgment or court order
401:Interfere with the course of justice
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58:adding citations to reliable sources
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24:
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1154:Article 181 Belgian Judicial Code.
1095:"Sleepy Juror Gets Rude Awakening"
816:Contempt of court is considered a
738:Federal Rule of Criminal Procedure
629:would have been issued, but now a
549:. In January 2012, for example, a
523:Disobedience of a court order; and
404:Misbehaves in court (e.g., use of
25:
1606:
1542:
1246:Juror jailed over online research
1019:"Legal Dictionary | Law.com"
612:
486:necessary in a democratic society
315:This section applies only to the
1339:Fischer, James M. (2010-12-07).
1220:from the original on 2017-08-09.
1165:"Federal Court Rules Chapter 12"
1021:. Dictionary.law.com. 2010-12-09
916:Perverting the course of justice
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460:. Contempt may be classified as
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841:News media in the United States
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135:, often referred to simply as "
45:needs additional citations for
1479:Nebraska Press Assn. v. Stuart
1322:Congressional Research Service
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477:European Court of Human Rights
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787:clear and convincing evidence
557:for the meaning of the term "
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794:principle of proportionality
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696:Contempt of Court (Pakistan)
488:", citing Nikula v Finland.
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805:a contempt charge to date.
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633:is issued, authorizing the
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657:Contempt of court in India
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458:Contempt of Court Act 1981
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1575:Abuse of the legal system
1551:"Contempt of Court"
995:"Civil Contempt of Court"
591:Strict liability contempt
539:Crown Prosecution Service
265:
1446:United States v. Barnett
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1557:Encyclopædia Britannica
756:Contempt of court in a
438:Court of First Instance
346:Tax Court of Canada Act
317:Federal Court of Appeal
310:Canadian Federal courts
1585:Civil law (common law)
1560:(11th ed.). 1911.
1342:Understanding Remedies
921:Obstruction of justice
785:for civil contempt is
537:can intervene and the
506:Senior Courts Act 1981
232:consequential contempt
145:contempt of Parliament
543:King's Bench Division
420:Breach of undertaking
394:officers of the court
374:Court of Final Appeal
1367:"See In re Marciano"
835:§ 552a(e)(4)(I)
559:grievous bodily harm
362:justice of the peace
149:contempt of Congress
54:improve this article
1144:on 9 December 2016.
1114:. Thenewsmanual.net
951:on February 3, 2014
901:Judicial discretion
798:Chadwick v. Janecka
565:Magistrates' courts
429:magistrates' courts
342:Tax Court of Canada
336:Tax Court of Canada
69:"Contempt of court"
1316:C., Doyle (2010).
1232:"Nikula v Finland"
802:H. Beatty Chadwick
281:common law offence
271:Common law offense
168:equitable remedies
1504:Near v. Minnesota
1099:Los Angeles Times
716:In United States
504:according to the
492:Criminal contempt
450:England and Wales
444:England and Wales
352:Provincial courts
133:Contempt of court
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783:burden of proof
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283:in Canada.
172:injunctions
110:August 2020
1580:Common law
1569:Categories
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1429:2013-02-05
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1377:2013-02-05
1273:2019-07-08
1193:2009-05-20
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932:References
883:Law portal
863:Hugo Black
758:civil suit
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584:journalist
574:magistrate
514:High Court
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