Stricken in Legal Terms

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Over the years, various types of strikes have been given distinctive names. Here are the most common types of strikes, some of which are illegal: Attend the most popular CLE seminar ever. More than 215,000 people – including lawyers, judges, trainee lawyers and paralegals – have benefited since the early 1990s. You`ll learn the keys to professional writing and learn no-frills techniques to make your letters, memos, and briefings more powerful. Normally, however, a strike is legal if workers use it to exert economic pressure on their employer to improve employment conditions. A strike is illegal if it is directed against someone other than the employer or if it is used for other purposes. Federal law prohibits most boycotts or pickets against a party not involved in the main dispute. These tactics are known as secondary boycotts or secondary pickets and are strictly limited so that companies that are innocent bystanders are not victims of a labour dispute they cannot resolve. Employees lose their right to keep their jobs if their strike is illegal. For example, public sector workers are generally prohibited from striking. If they do, they risk being fired. In 1981, President Ronald Reagan responded to an illegal strike by federal air traffic controllers by laying off more than ten thousand employees.

n. an application for an order by a judge to withdraw the pleading (complaint, response) of the objection in whole or in part for one of the following reasons. It is often used to have an entire cause of action removed („expungement“) from the court record. A motion to strike is also made orally at the hearing asking the judge to order „beaten“ answers from a witness that violate the rules of evidence (laws that govern what is allowed in the trial). Even if the jury is warned to ignore such an answer or comment, the jury heard it, and „once a bell has rang, it cannot be rung.“ Federal labour law requires a 60-day waiting period before workers can strike to force the termination or amendment of an existing collective agreement. The terms of the agreement remain in full force and effect during this period, and any employee who strikes can be terminated. The 60-day „cooling-off period“ begins when the union terminates the employer or the end of the existing contract. This provision is without prejudice to the right of workers to strike in protest against unfair labour practices of their employer. However, it helps prevent premature strikes. 1) v.

to withdraw a statement from the minutes of the judicial proceedings by order of the judge because a question, answer or comment to which an objection has been raised is inappropriate. Often, after a judge deletes a comment or statement (a response made before an objection stops the witness), he warns (warns) the jury to disregard the stricken tongue, but the jury finds it hard to forget because „a bell once rung cannot be rung.“ (2) order that the wording of a pleading (e.g. , a complaint or response) or has no effect, usually as a result of a request by the opposing party and an argument that the wording (which may be an entire plea) is incorrect, does not give rise to a cause of action (a valid claim under the law) or is not in due form. 3) n. The organized refusal of workers to remain in the workplace, usually accompanied by demands for a collective agreement, higher wages, better conditions or other desires, often with a picket line to give voice to workers` demands and to encourage or intimidate other workers and customers into entering the store, the factory or store. A strike is usually legal if it is peaceful. A strike is never a legal excuse for violence, and physical violence and property damage are considered criminal acts. Employers who use violence against strikers are subject to the same penalties. The development of trade unions in the nineteenth century was met with hostility from employers.

The concept of collective bargaining between employer and employee has been seen as contrary to the right of individual workers and their employers to negotiate wages and working conditions – a concept known as freedom of contract. When the unions went on strike, they had to deal with management without legal protection. Employers dismissed strikers and obtained court injunctions ordering unions to end the strike or risk contempt of court. Knitting Off Leave is a legal term used in the state of Illinois to refer to the state of court proceedings. It allows the judge to remove the case from the court`s list of cases for a specific reason and reserves the right to reopen or dismiss the case at a later date. Knitting refers to the outcome of a lawsuit and is sometimes referred to as „scuté with reset permission.“ This does not mean that the defendant has been convicted or acquitted of the charges.