Judicial Review of Veterans' Claims: Hearing Before a Special Subcommittee of the Committee on Veterans' Affairs, House of Representatives, Eighty-sixth Congress, Second Session, on H.R. 947 [and Others] ..., Apr;il 5, 6, 7, 11, 27, 28, 29, and May 3, 1960U.S. Government Printing Office, 1960 - 1000 páginas Considers H.R. 947 and similar bills, to establish legal apparatus for adjudicating veterans' claims and appeals and for reviewing decisions. Includes. a. "Rules of the U.S. Court of Claims," Dec. 2, 1957 (p. 2402-2592). b. "Origin and History of War Pensions Appeal Tribunals" England and Wales, by Harry J. Knapman, together with appendices of supporting documents, Sept. 1953 (p. 2821-3274) |
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Resultados 1-5 de 75
Página 2300
... statute expressly precludes judicial review and ( 2 ) agency action is by this law com- mitted to agency discretion ... statutes , may be brought against the United States in the U.S. Court of Claims ( 28 U.S.C. 1491 ) or in the ...
... statute expressly precludes judicial review and ( 2 ) agency action is by this law com- mitted to agency discretion ... statutes , may be brought against the United States in the U.S. Court of Claims ( 28 U.S.C. 1491 ) or in the ...
Página 2301
... statutes . While we have not made an exhaustive survey with respect to the finality of administrative decisions ... statute and ( 3 ) claims for damage to or loss of property of a foreign country or for personal injury or death to ...
... statutes . While we have not made an exhaustive survey with respect to the finality of administrative decisions ... statute and ( 3 ) claims for damage to or loss of property of a foreign country or for personal injury or death to ...
Página 2302
... " the Commissioner has denied to the plaintiff the right which in our opinion the statute creates , and to which the petitioner upon the facts set out in its petition is entitled , 2302 JUDICIAL REVIEW OF VETERANS ' CLAIMS.
... " the Commissioner has denied to the plaintiff the right which in our opinion the statute creates , and to which the petitioner upon the facts set out in its petition is entitled , 2302 JUDICIAL REVIEW OF VETERANS ' CLAIMS.
Página 2303
... statute , or that is arbitrary and capricious , has no place in our system of government . The Supreme Court has ... statutes from being judicially confined to the scope of authority granted or to the objectives specified . Its ...
... statute , or that is arbitrary and capricious , has no place in our system of government . The Supreme Court has ... statutes from being judicially confined to the scope of authority granted or to the objectives specified . Its ...
Página 2304
... statute foreclosed review , Congress was besieged with pleas for relief which eventuated in remedial legislation after a 3 - year struggle . Had judicial review been available , both Congress and various constituents would have been ...
... statute foreclosed review , Congress was besieged with pleas for relief which eventuated in remedial legislation after a 3 - year struggle . Had judicial review been available , both Congress and various constituents would have been ...
Términos y frases comunes
action Administrator of Veterans agency aggravation allowed amended American Legion application Article associate members attorney attributable award bill Board of Veterans Chairman claimant Clerk Commissioner committee compensation and pension condition Congress copy CORCORAN Court of Claims Death compensation decided decision degree of disablement deposition determination Disability compensation disease duty effect entitlement ERWIN MITCHELL evidence examination fact favor filed Government gratuity hearing injury issue judge judgment judicial review jurisdiction matter ment military forces Minister Ministry of Pensions MITCHELL MORSE motion notice opinion paragraph party Pensions Appeal Office Pensions Appeal Tribunals percent person petition plaintiff pleading present presumption pretrial procedure question QUIGLEY reasonable doubt recommendation record referred remanded representative request respect response Royal Warrant Rule SAYLOR service connection specific STANCIL statement statute summary judgment testimony tion trial trial de novo Tribunals Act United United States Code Veterans Appeals witness
Pasajes populares
Página 2485 - ... it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment.
Página 2287 - ... record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
Página 2434 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues.
Página 2466 - A party may interrogate any unwilling or hostile witness by leading questions. A party may call an adverse party or an officer, director, or managing agent of a public or private corporation or of a partnership or association which is an adverse party, and interrogate him by leading questions and contradict and impeach him in all respects as if he had been called by the adverse party, and the witness thus called may be contradicted and impeached by or on behalf of the adverse party also, and may...
Página 2432 - A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction...
Página 2450 - Any party may take the testimony of any person, including a party, by deposition upon oral examination or written interrogatories for the purpose of discovery or for use as evidence in the action or for both purposes.
Página 2434 - If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits.
Página 2419 - In computing any period of time prescribed or allowed by these rules, by order of court, or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included.
Página 2451 - Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party...
Página 2456 - The officer shall certify on the deposition that the witness was duly sworn by him and that the deposition is a true record of the testimony given by the witness. He shall then securely seal the deposition in an envelope indorsed with the title of the action and marked "Deposition of [here insert name of witness...