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The plaintiff opposed the motion, "arguing that his conduct was not willful and contumacious and therefore the penalty of precluding him from offering testimony against [the defendant] was not warranted.
The Kozel test, to which the court was referring in Ham, requires the trial court to consider 1) whether the attorney's disobedience was willful, deliberate, or contumacious, rather than an act of neglect or inexperience; 2) whether the attorney has been previously sanctioned; 3) whether the client was personally involved in the act of disobedience; (19) 4) whether the delay prejudiced the opposing party through undue expense, loss of evidence, or in some other fashion; 5) whether the attorney offered reasonable justification for noncompliance; and 6) whether the delay created significant problems of judicial administration.
it had been repressed by dogmatic, utilitarian, essentially contumacious doctrines of liberalism and scientism.
The vices opposed to this virtue would be fatalistic docility on the one hand, and controlling, contumacious, sometimes even Machiavellian manipulativeness on the other.
The cumulative effects of these scenarios, the tome noted, will be challenge to entrenched territorial governments by contumacious groups in those nations poised to form transnational networks with a view to imposing radical Islamic governments.
When are these contumacious leaders brought to heel by their most reverend fathers in God?
Judge Rakoff further stated that: "[A]ny doubt about the defendants' [the Uzans'] hypocrisy and contumacious intent was laid to rest when the Court suggested that, in place of the transfer of Telsim stock, defendants simply post a bond in this Court .
The administrative judge shall have the power to regulate the conduct of a hearing, limit the number of witnesses where testimony would be repetitious, and exclude any person from the hearing for contumacious conduct or misbehavior that obstructs the hearing.
1), the bond can still be seen in the early fourth century to be of vital importance when an advocate in court makes a desperate attempt to save his contumacious Christian brother from execution.
Specifically, Perley's management, from above, of contumacious workers may be seen as a direct response to bourgeois fears, voiced notably in the MBSL Reports, that had working-class leaders arisen during the strike-torn summer of 1870, working-class revolt and riot would have followed.
The fundamental deterrent to such contumacious behavior, and the deterrent that rests at the foundation of all others, is the fear of initiating a breakdown in the entire cooperative arrangement and thereby causing a "trade war" (i.
Cullen treated O'Keeffe's conduct as constituting contumacious disregard of the citations he had caused to be served on him.