justicedonedirtcheap@gmail.com



 




Representations of the Lady of Justice in the Western tradition occur in many places and at many times. She sometimes wears a blindfold, more so in Europe, but more often she appears without one. She usually carries a sword and scales. Almost always draped in flowing robes, mature but not old, no longer commonly known as Themis, she symbolizes the fair and equal administration of the law, without corruption, avarice, prejudice, or favor.


CLICK ON HEREIN BELOW PROVIDED: LAW SCHOOL BOOK IMAGES, SIMPLY SELECT THE SUBJECT OF YOUR INTEREST AND ENTER OUR HUMBLE LAW LIBRARY; THIS IS A CHRONOLOGICAL ARRANGEMENT OF OUR MERITORIOUSLY RESEARCHED TORT LAW (TO REDRESS A WRONG DONE) THEN LISTED A DETAILED ACCOUNT OF THE PRACTICAL EXPERIENCES OF OUR CONTRIBUTING SELF REPRESENTED LITIGANT'S, CONCERNING:
the study, theory and practice of litigation
as it relates to The Court of Queen's Bench of New Brunswick, Provincial Court and The Court of Appeal of New Brunswick; Filing, and Procedure, in general.















       Please find - here below - this Link: My Brief Story - Introduction: Welcome, this is a 'Justice' Blog intended to benefit all;   'Self Represented Litigants'.


=================================================================================================

2013 New Year's Resolution:
To however, cause the Judiciary of New Brunswick to uphold the Canadian Charter of Rights and Freedoms.
Reason being, that, the Charter is applicable in New Brunswick, just as all provinces are bound by the Constitution.
Despite the Canadian Charter of Rights and Freedoms was adopted in 1982, it was not until 1985, that, the main provisions regarding equality rights (section 15) came into effect. The delay was meant to give the federal and provincial governments an opportunity to review per-existing statutes and strike potentially unconstitutional inequalities.

=================================================================================================

NOTICE: above provided image is a link to the 'RANT' area of contributing Self Represented Litigants
========================================
=========================================================


Welcome, this is a 'Justice' Blog intended to benefit all;
'Self Represented Litigants'. follow this link to New Brunswick Legal Procedure 101


NOTICE: above provided image is a link to the 'Public Forum regarding our legal and judicial system


NOTICE: above provided image is a link to the 'RANT' area of contributing Self Represented Litigants

Back to Justice Done Dirt Cheap Front Page

Thursday, April 05, 2012

Procedural Fairness and or Natural Justice

 

 

Procedural Fairness and or Natural Justice

Procedural Fairness and or Natural Justice is a term that denotes specific procedural rights in the English legal system and the systems of other nations which may be based on this. While the term natural justice is often a general concept, it has largely been replaced and extended by the more general term: "duty to act fairly". What is required to fulfill this 'duty fairly' of course, depends on the context in which the matter arises.


There are two rules that natural justice should be concerned with.
The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of:
  1.  actual bias;
  2. imputed bias; 
  3. apparent bias.  
 Actual bias is very difficult to prove in practice, while imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias.
The inherent right to a fair hearing by the Judiciary, requires that individuals should not be penalized, for that reason affecting their rights or legitimate expectations, unless they have been first given prior notice of the case, a fair opportunity to answer it, and the opportunity to present their own case.

The mere fact that a Judge's decision affects rights or interests is sufficient to subject the Judge's decision to the procedures required by natural justice.

Ex parte hearings cannot be considered fair!

No comments:

Next Post Previous Post Home