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 sider 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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Side 2292
... trial de novo , but it is the only manner in which a record having some evidence subject to a judicial review can be accumulated . There fore , the court , reviewing this evidence and hearing arguments of law , can then decide whether a ...
... trial de novo , but it is the only manner in which a record having some evidence subject to a judicial review can be accumulated . There fore , the court , reviewing this evidence and hearing arguments of law , can then decide whether a ...
Side 2293
... trial . It is interesting to note that the 12 largest district courts , concentrated in metropolitan areas , aver age 20 months ' lag on their dockets . The number of cases that would be involved in veterans ' appeals would further add ...
... trial . It is interesting to note that the 12 largest district courts , concentrated in metropolitan areas , aver age 20 months ' lag on their dockets . The number of cases that would be involved in veterans ' appeals would further add ...
Side 2304
... trial court , and so the ABA proposes with respect to the trade court which is the subject of S. 1275. We would recommend a similar trial court or independent board for veterans ' affairs . Such a court would not , of course , preclude ...
... trial court , and so the ABA proposes with respect to the trade court which is the subject of S. 1275. We would recommend a similar trial court or independent board for veterans ' affairs . Such a court would not , of course , preclude ...
Side 2309
... trial court de novo . I believe that this is what we ought to have for veterans ' appeals . Now let me tell you why . That court would not , of course , preclude existing procedures within the agency for the settlement of claims . When ...
... trial court de novo . I believe that this is what we ought to have for veterans ' appeals . Now let me tell you why . That court would not , of course , preclude existing procedures within the agency for the settlement of claims . When ...
Side 2310
... trial de novo . " I say flatly to you , " There is no escape from a trial de novo . " Let us not worry about the records that were made up in the Veterans ' Administration . Let us not impose a burden of records , taking evidence ...
... trial de novo . " I say flatly to you , " There is no escape from a trial de novo . " Let us not worry about the records that were made up in the Veterans ' Administration . Let us not impose a burden of records , taking evidence ...
Vanlige uttrykk og setninger
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
Populære avsnitt
Side 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.
Side 2287 - ... record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.
Side 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.
Side 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...
Side 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...
Side 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.
Side 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.
Side 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.
Side 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...
Side 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...