In civil law, a penalty is the part of a statute that provides for a penalty for violating the provisions of the law. The most common civil penalty is a fine, but there are other types of penalties as well. Depending on the case, a sanction may be the suspension or revocation of a business, professional or hobby license, or a court order ordering a person to do or refrain from doing something. A sanction may even be adapted to the individual case. For example, under rule 37 of the Federal Rules of Civil Procedure, if a party refuses to comply with an order to investigate or an order to produce the evidence requested, the court may order that the evidence requested be automatically interpreted in favour of the requesting party, deny the disobedient party any claim or defence to the evidence, suspend or postpone the matter until the investigation order is executed, dismiss the application or render judgment on behalf of the requesting party, declare the party disobedient contempt of court or make any other order just in the circumstances. Sanctions may also be imposed by a State Bar Association if it is established or acknowledged that the lawyer has committed professional misconduct. These sanctions may include a reprimand, admonition, suspension, probation or temporary or permanent exclusion. Other sanctions and remedies that may be imposed are: n. (1) A fine imposed by a judge on a party or counsel for violating a rule of court, for obtaining a special deviation from a rule, or as a fine for contempt of court. In case of a fine, the penalty may be paid to the court or the opposing party to compensate the other party for inconvenience or additional legal work due to the violation of the rules. Examples: (a) Under local regulations, the junior lawyer is required to file a brief five days before the hearing in response to the opposition`s request, but is two days late.
The judge accepted the documents, but fined Petitile`s lawyer $200 for failing to file them on time. (b) Campbell`s lawyer wants to add a new expert to his witness list, but the deadline for inclusion on the list has passed. The judge admits the added witness, but allows the opposition to take over the expert`s testimony and imposes a penalty (fine) on Campbell to pay both parties` costs for the testimony and $500 in attorneys` fees to the opposing counsel. c) Accused Danny Dipper says “son of a bitch” in court when the judge fines him $100 for stepping on a jay. The judge fined Danny $200 and one day in jail for Contempt of Court. (2) V. impose a fine or penalty as part of a judge`s duty to maintain both order and fairness in court. (3) v. in international law, to impose economic restrictions on trade on a country that violates international law or violates human rights. 4) v. to authorize or approve.
This meaning, ironically, contrasts with other definitions of “sanction.” SANCTION. Part of a law that imposes a penalty for violation or provides a reward for compliance. There are two types of penalties that make amends for civil violations called civil penalties; and those who punish crimes, so-called criminal sanctions. 1 Hoffm. Leg. Outl. 279; Right. Ins. lib. 2, T.
1, § 10; Ruthf. Inst. b. 2, c. 6, p. 6; Toull. Titmouse. Prel. 86; Ferguss. Inst. von Mor.
Phil. p. 4, c. 3, p. 13 and p. 6, c. 1, ff.; 1 sheet Komm. 56. In general international law, a sanction can be defined as an act performed by one or more States against another State in order to compel it to comply with its legal obligations. In national law, a sanction refers to the sanction attached to a violation of a law as a means of enforcing it. SHAYGAN Farideh, La compatibilité des sanctions économiques du Conseil de Sécurité avec les droits de l`homme et le droit international humanitaire, Bruxelles, Bruylant, 2008, 686 p.
Contempt of court is a flexible form of punishment. Failure to comply with judicial sanctions may be civil or criminal in nature. The court may order a party to pay a fine or suffer a setback in the case (civil contempt), or it may order that the party be sent to jail (criminal contempt). The fundamental difference between the two is that criminal disrespect is an act of disrespect towards the court, while civil acts of disrespect tend to be less offensive offences, such as unintentional non-compliance with investigative orders or other court-ordered acts. A common form of sanction is the sanction of the administrative authority against a company. Companies must follow various rules adopted by federal, state, and local administrative agencies authorized by legislators to deal with specific matters of government interest. If an undertaking does not comply with the agency`s rules applicable to it, it may face sanctions from the administrative authority responsible for applying the rules. For example, federal and state environmental agencies have the legal authority to impose fines on companies that violate environmental laws and regulations.