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Record W2948421026

INJUNCTIONS - THE ABILITY TO BIND NON-PARTIES

2002· article· en· W2948421026 on OpenAlexaboutno aff
Jeff Berryman

Bibliographic record

VenueThe Canadian Bar Review · 2002
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsContemptLawAction (physics)Political sciencePosition (finance)Order (exchange)Economic JusticeLaw and economicsStyle (visual arts)SociologyBusinessHistory
DOInot available

Abstract

fetched live from OpenAlex

A traditional rule of chancery practice has been that only parties to an action are bound to obey any injunction granted as a remedy in the proceedings . However, non-parties are required to obey a court order that they are made aware of on pain of being cited for contempt in that they have either aided or abetted a named defendant, or have interfered and impeded the administration of justice. In this respect, Canadian courts demonstrate a more willing propensity than their United Kingdom counterparts to hold non-parties liable for contempt. This results in the loss of many procedural safeguards normally granted named defendants in any proceedings. In this paper, the author argues for caution in moving directly to hold non-parties liable for contempt and that a better approach would be to regularize the position of non-parties by bringing them into the proceeding through the use of either a representative defendant action, or, incorporation within the John and Jane Doe style of cause.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.022
metaresearch head score (Gemma)0.036
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.991
Threshold uncertainty score0.117

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0220.036
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0030.001
Science and technology studies0.0070.031
Scholarly communication0.0080.010
Open science0.0040.013
Research integrity0.0090.008
Insufficient payload (model declined to judge)0.0100.003

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.069
GPT teacher head0.320
Teacher spread0.251 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2002
Admission routes1
Has abstractyes

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Same venueThe Canadian Bar ReviewSame topicLegal principles and applicationsFrench-language works237,207