If the Fifth Amendment does not provide a criminal suspect in police custody with a substantive right
to remain silent, then what are the limits of the protection against self-incrimination?
The remedy of immediate possession approved by the court in Sage is only permitted after a judicial finding of a substantive right
to take and after meeting the rigorous requirements for an injunction.
A rule of court procedure that impacts a substantive right
It then decided that the client may well have had a legitimate expectation to stay in that accommodation for the rest of her life and that these legitimate expectations could fall into three broad categories including where "the assurance was so specific that it gave rise to a substantive right
to such an extent that to take a new and different course would amount to an abuse of power".
In Part II, this Comment examines the Alaska fee-shifting system and concludes that Alaska Civil Rule 68 is an integral part of Alaska's substantive right
to attorneys' fees.
Even when the customer has determined that an asset has been explicitly or implicitly specified, the asset is not considered identified if the supplier has a substantive right
to substitute another asset to fulfill its obligations under the contract.
According to Salvacion, such admission is highly prejudicial to her substantive right
as an accused.
Within days after commencing each proceeding, Mountain Valley moved for partial summary judgment on its substantive right
to take the easements by eminent domain and, in the same motions, sought preliminary injunctions granting immediate access and possession during the pendency of the proceedings.
Paragraph 22, however, instructs that Chase inform the Thompsons of their substantive right
to reinstate; it does not require that Chase describe in detail the procedure that the Thompsons must follow to exercise the right or the deadlines associated with the right.
A notice of lis pendens is fundamentally procedural because it merely serves as another form of pleading and does not confer any substantive right
. Therefore, the contractor needs to obtain a favorable termination reflecting the merits of the action associated with the notice of lis pendens before it can assert a malicious prosecution claim founded upon the filing of the notice of lis pendens.
In light of the weight of authority in Florida and the 11th Circuit categorizing the right to class actions as a procedural right, not a substantive right
, (39) it is unlikely a Florida court would invalidate an employer's class-action waiver for substantive unconscionability based solely on the fact that it restricted an employee to individual procedures.