86 Sentences With "ascertainable" | Random Sentence Generator

The price of those teeth is also an ascertainable amount.

But those questions are outside the bounds of the requirement that class membership be ascertainable.

" As to the lewd conduct ordinance, the appeals court said it was not vague, but was "ascertainable to a person of ordinary intelligence.

This American provision assists tax authorities going after "a particular person or ascertainable group or class of persons" whom they suspect of financial wrongdoing, but whose identities are unknown.

The visual effect described by Mr. Jones is the result of motion compensation video compression, which would have been readily ascertainable at the time Mr. Jones made his claims.

Further to what we now know about ascertainable probabilities in such unprecedented circumstances, there is no reliable way to figure out exactly, or even "probably," how it would all end.

U.S. District Judge Alison Nathan in Manhattan said Belgium's Royal Park Investments SA/NV failed to show it was more likely than not that the proposed class was "sufficiently ascertainable" to justify class-action status.

Uber is expected to argue it developed all of its autonomous vehicle technology and know-how independently and that the information Waymo claims are trade secrets are generally known or ascertainable by Uber's own experts.

"It is enough for Plaintiff's to allege a numerous and ascertainable class with a well-defined community of interest, as well as a pattern or practice of gender discrimination across all Covered Positions in Google," Wiss wrote in her order.

It also can't be "readily ascertainable by proper means" by other people who might get something out of its value — in other words, if you can legally reverse engineer the technology after buying it off the shelf, that technology isn't a trade secret.

Lake County Circuit Court judge Luis Berrones issued a permanent injunction blocking the measure from being enforced, finding that the gun owners who sued have "a clearly ascertainable right to not be subjected to a preempted and unenforceable ordinance," The Chicago Tribune reported.

Because this type of financial information is so personal, federal law requires the I.R.S. to show a reasonable basis that an "ascertainable group" may have failed to comply with the tax laws and that the information is not readily available from other sources.

"The vagueness of the standard for inclusion in the TSDB, coupled with the lack of any meaningful restraint on what constitutes grounds for placement on the Watchlist, constitutes, in essence, the absence of any ascertainable standard for inclusion and exclusion, which is precisely what offends the Due Process Clause," wrote Judge Trenga.

That answer wasn't good enough, so they hired an attorney who was willing to type out a complaint alleging that the couple "sustained an ascertainable loss" with their slightly more expensive visit to Taco Bell, including their "wasted time," the gas it took to make the six mile round trip, and that crucial $2.18.

"The vagueness of the standard for inclusion in the TSDB, coupled with the lack of any meaningful restraint on what constitutes grounds for placement on the Watchlist, constitutes, in essence, the absence of any ascertainable standard for inclusion and exclusion, which is precisely what offends the Due Process Clause," Judge Anthony Trenga wrote in his 218-page ruling.

Utah) (1892) (disallowing penalties when the amount of damages is reasonably ascertainable).

There was a Godman by name HH Mahant Swamiji. His era is not ascertainable. Maybe around 500 to 600 years back. His Samaadhi is there in Bhoj.

As a historical dictionary, the Oxford English Dictionary features entries in which the earliest ascertainable recorded sense of a word, whether current or obsolete, is presented first, and each additional sense is presented in historical order according to the date of its earliest ascertainable recorded use. Following each definition are several brief illustrating quotations presented in chronological order from the earliest ascertainable use of the word in that sense to the last ascertainable use for an obsolete sense, to indicate both its life span and the time since its desuetude, or to a relatively recent use for current ones. The format of the OED's entries has influenced numerous other historical lexicography projects. The forerunners to the OED, such as the early volumes of the Deutsches Wörterbuch, had initially provided few quotations from a limited number of sources, whereas the OED editors preferred larger groups of quite short quotations from a wide selection of authors and publications.

Hugh's origins are unknown, and the date which he received his fief is only "ascertainable within broad limits" as c. 980. He is not known to have ever styled himself Count of Ponthieu.

A vested remainder may not be certain to become possessory. An example of this: O conveys "to A for life, then to A's children." A has one child, B, so B has a vested remainder because B is ascertainable.

Neither the origin nor the meaning of Kriens is clearly ascertainable. It probably comes from the Indo-Germanic word (s)keri, that meant something like "separate" (4th century AD). It was then probably transferred into the Celtic Crientas. In a 9th-century document the Alemannic word Chrientes is mentioned.

News report by Landesbibliothekszentrum Rheinland-Pfalz A dataset includes the following information (if ascertainable): name forms, sex, life dates, places of life and work, occupations, fields of expertise, relations to other persons (inside and outside of the RPPD), own works, sources, biographical text. All this information can also be researched.

Her teeth were in poor condition, and there were no wisdom teeth. Her eye color was no longer ascertainable. The victim had probably been in the water for 12–14 hours. Death occurred as a result of two bluntly fractured ribs that injured the lungs and spleen, no more than three days before the discovery of the body.

It is often, for example, real estate, shares or cash. # Objects. The beneficiaries of the trust must be clearly identified, or at least be ascertainable (Re Hain's Settlement). In the case of discretionary trusts, where the trustees have power to decide who the beneficiaries will be, the settlor must have described a clear class of beneficiaries (McPhail v Doulton).

Trade secrets are a type of intellectual property that comprise formulas, practices, processes, designs, instruments, patterns, or compilations of information that have inherent economic value because they are not generally known or readily ascertainable by others, and which the owner takes reasonable measures to keep secret. In some jurisdictions, such secrets are referred to as confidential information.

To regard every picture seen in the astral light as a spiritual experience is like becoming drunk. Such indulgence only results in becoming satiated with a store of illusory appearances. True progress is dependent upon purity of motive, and conquest of known or ascertainable defects. The dangers of astral intoxication or delusion are greatest for the person who revolves selfishly around himself.

However, there had been no ascertainable trend in the amount of writedowns taken. Firms have reported discounts ranging from 0-73% of par value. IncrediMail, Ltd. proved the most extreme example of this as it booked an impairment of 98% off face value for its ARS holdings, while Berkshire Hathaway took no impairment on its more than $3.5 billion of these securities.

As annual payments from extracted ore are paid, they can be apportioned as return of capital and later profit. The liability for income tax can be fairly determined without resort to conjecture. The initial promise has no ascertainable fair market value, so the transaction was not closed. Mrs. Logan may never have recouped her initial investments from payments that were promised to her.

Some of the early Janas of the Rig Veda can be strongly attributed to Punjab. Although their distribution patterns are not satisfactorily ascertainable, they are associated with the Porusni, Asikni, Satudri, Vipas, and Saraswati. The rivers of Punjab often corresponded to the eastern Janapadas. Rig Vedic Janas such as the Druhyus, Anus, Purus, Yadus, Turvasas, Bharatas, and others were associated in Punjab and the Indo-Gangetic plain.

Second, the trust must have some "definite beneficiary"UTC Section 402(a)(3).a person or class of persons whose identity can be determined in some fashion. The persons' specific identities need not be "known" at the time the grantor creates the trust; it will be sufficient if the persons can be "readily ascertainable" within a certain time period.UTC Section 402, comment, p. 53.

139–141 However, the date of her death is not ascertainable with any certainty. Zahi Hawass, former Director of Egyptian Antiquities, believes Cleopatra died in 8 AD.Roller, p. 250 Selene was placed in the Royal Mausoleum of Mauretania in modern Algeria, built by her and Juba east of Caesarea and still visible. Juba died in 23 AD and was buried in the same tomb.

The Court held that the Fifth Amendment does not require that the United States pay a public condemnee compensation measured by the cost of acquiring a substitute facility that the condemnee has a duty to acquire, when the market value of the condemned property is ascertainable and when there is no showing of manifest injustice. Rather, "Just compensation" under the Fifth Amendment normally is to be measured by the market value of the property at the time of the taking, and this case is not one in which an exception is required because fair market value is not ascertainable. The testimony at trial established that there was a fairly robust market for sanitary landfill properties. The Court did also not believe that an award of compensation measured by market value here to be fundamentally inconsistent with the basic principles of indemnity embodied in the Just Compensation Clause.

Treasury Regulation 1.263(a)-4(b) requires the taxpayer to capitalize listed intangible assets. Specifically, the taxpayer must capitalize #Amounts paid to acquire or create intangible assets. #Amounts paid to create or enhance separate and distinct intangible assets – i.e. property interests with ascertainable value protected under state, federal, and foreign law, that are capable of being sold, transferred, or pledged, and are separate from a trade or business.

Until the 20th century, traditional choice of law rules were based on the principle that legal rights vest automatically at legally significant and ascertainable times and places. For example, a dispute regarding property would be decided by the law of the place the property was located.7 Restatement (First)of Conflict of Laws, §§208--310. Disputes in tort would be decided by the place where the injury occurred.

The old creamery building burned in 1940, and the town meetings were moved to the school house. In 1966 the bridge collapsed and later that year, the school house was burned down by vandals. Huot Store continued in operation for a few more years, but in 2008, Huot is barely recognized or ascertainable as a village. The tiny community appears by name on some maps as the site of the Old Crossing Treaty Park.

This can be done in several ways: # The price would be regarded as readily ascertainable if it could be fixed by reference to some independent circumstances. # The price may be left to a named third party agreed upon by the parties to the contract.See Odendaalsrus Municipality v New Nigel Estate Gold Mining Co Ltd 1948 (2) SA 656 (O) 663, 665.See also Mufamadi and others v Dorbyl Finance (Pty) Ltd 1996 (1) SA 799 (A).

Algorithms may take into account convergence (how many iterations are required to achieve a specified precision), computational complexity of individual operations (i.e. division) or iterations, and error propagation (the accuracy of the final result). Procedures for finding square roots (particularly the square root of 2) have been known since at least the period of ancient Babylon in the 17th century BCE. Heron's method from first century Egypt was the first ascertainable algorithm for computing square root.

Furthermore, nothing was truly paid, a fact ascertainable on further investigation. Neither did the court consider other textbook errors in the two successive lenders' decisions to lend to the borrower who, without short of actual notice, was the fraudster against the previous, very vulnerable, registered owner."Defining the scope of actual occupation under the LRA 2002", Barbara Bogusz, [2011] 75 Conv. 268 The Law Commission has called the statutory term 'actual occupation' "notorious and much- litigated".

With the exception of charitable trusts, and some specific anomalous non-charitable purpose trusts, all trusts are required to have ascertainable beneficiaries. Generally speaking, there are no strictures as to who may be a beneficiary of a trust; a beneficiary can be a minor, or under a mental disability (in fact many trusts are created specifically for persons with those legal disadvantages). It is also possible to have trusts for unborn children, although the trusts must vest within the applicable perpetuity period.

Any skillful > mechanic, with [the prior art] before him, would readily construct the > requisite machinery.55 U.S. at 180. Nelson argued that the Court ought to "construe specifications benignly, and to look through mere forms of expression, often inartificially used, to the substance, and to maintain the right of the patentee to the thing really invented, if ascertainable upon a liberal consideration of the language of the specification." These inventors did not suppose that their invention was the arrangement of machinery.

F. X. Reid's most widely known work is "The Song of Hakawatha," a parody of Henry Wadsworth Longfellow's poem The Song of Hiawatha containing references to hacking, Unix and compilers. F. X. Reid has also been mentioned in computer science books. Reid has been quoted as saying In program proving, only the presence of bugs in one's proof is ascertainable, not their absence, similar to but not the same as a well-known quotation by E. W. Dijkstra about software testing.

United States v. 50 Acres of Land, 469 U.S. 24 (1985), was a United States Supreme Court case regarding whether a public condemnee is entitled to consequential damages measured by the cost of acquiring a substitute facility if it has a duty to replace the condemned facility. The Court declined to award the costs of the substitute facility, holding that the Fifth Amendment does not require consequential damages when the market value of the condemned property is ascertainable and when there is no showing of manifest injustice..

On 5 May 1652 it was reported to the council of state that he had spoken 'dangerous words' against the existing government, and measures were devised to keep him under closer surveillance. On 25 February 1653–4 he petitioned the judges sitting at Salters' Hall for the payment of £1,333. 13s. 4d. owing to him from persons concerned with him in farming the wine duty. On 7 June 1655 a passport to Holland was given to him, but nothing seems ascertainable of his subsequent career.

The UTC also covers a trust created for the purpose of caring for an animal that was alive at the time of a grantor's deathUTC Section 408(a). or a trust for a non-charitable purpose but does not have an ascertainable beneficiary (such as a cemetery trust.)UTC Section 409. The Code imposes several limits on such trusts. First, the trust can only last as long as the lifetime of the animal (or the last surviving animal in a group)UTC Section 408(a).

Although there is some research that supports the notion that eye movement can indicate visual and auditory (but not kinesthetic) components of thought in that moment, the existence of a preferred representational system ascertainable from external cues (an important part of original NLP theory) was discounted by research in the 1980s. note: "psychological fad" p.625 Some still believe the PRS model to be important for enhancing rapport and influence. Others have de-emphasized its relevance and instead emphasize that people constantly use all representational systems.

The precise period in which the Salihids, or more specifically, their Zokomid ruling house, dominated the Arab foederati of the Byzantine Empire is not ascertainable. According to historian Warwick Ball, the Salihids became Byzantium's chief Arab ally by the end of the 4th century following the decline of the Tanukhids, whose power and favor deteriorated particularly as a result of a failed revolt in 383.Ball, p. 108. It is apparent that their heyday was between the reigns of emperors Arcadius (395–408) and Anastasius (489–518).

Medhurst initially intended to compile a complete English-Chinese dictionary, but he found that the available materials were insufficient, and it was necessary for him to first create a Chinese-English dictionary, after which the work would be "comparatively easy to reverse the whole", and then add further English terms. Medhurst acknowledges taking phrases from Morrison's Chinese-English Dictionary and elsewhere, and adopting Morrison's widely used orthography, with the addition of aspirated consonants and pitch accents or tones, "as far as they were ascertainable".

Similarly to the previous case, she could outlive B by more than 21 years, voiding the grant to their children (who also could not be lives in being because they would have been born after the devise was made). However, if the last interest were simply to B's children, rather than to B's children then living, it would vest upon B's death because at that time all of B's children would be ascertainable. In this instance, the devise would be valid under the Rule.

The age limitations for many of the Cadet and Junior World Championships are no longer easily ascertainable, and in many cases the ages listed below are unverified estimates. There were two Junior World Championships held in 1979 and 1980. In the lists below, champions whose names are colored in gold, silver, or bronze went also won the corresponding senior-level medal at the World Championships or Olympic Games in freestyle wrestling. Champions colored blue also represented their country at the senior level in the World Championships or Olympic Games in freestyle wrestling.

The Alabama Court of Appeals reversed the conviction on the grounds, inter alia, that 1159, as written, unconstitutionally imposed an "invidious prior restraint" without ascertainable standards for the granting of permits, and that the ordinance had been discriminatorily enforced. However, the Alabama Supreme Court in 1967 narrowly construed 1159 as an objective, even-handed traffic regulation which did not allow the Commission unlimited discretion in granting or withholding permits, and upheld petitioner's conviction. The case was taken to the U.S. Supreme Court, where Shuttlesworth was represented by the prominent civil rights attorney James Nabrit III.

In this interpretation of recurrence, as opposed perhaps to the Nietzschean interpretation, there is no metaphysics. Recurrences take place due to ascertainable circumstances and chains of causality. An example is the ubiquitous phenomenon of multiple independent discovery in science and technology, described by Robert K. Merton and Harriet Zuckerman. Indeed, recurrences, in the form of reproducible findings obtained through experiment or observation, are essential to the natural and social sciences; and, in the form of chance observations rigorously studied via the comparative method, are essential to the humanities.

In Cleveland v. Anderson, a 2013 Ohio Court of Appeals case, the Cuyahoga County Court of Appeals ruled that “As it is written, the disorderly assembly ordinance could be used to incriminate nearly any group or individual. With little effort, one can imagine many . . . assemblages which, at various times, might annoy some persons in the city of Cleveland… Neither the police nor a citizen can hope to conduct himself in a lawful manner if an ordinance which is designed to regulate conduct does not lay down ascertainable rules and guidelines to govern its enforcement.

The age limitations for many of the Cadet and Junior World Championships are no longer easily ascertainable, and in many cases the ages listed below are unverified estimates. There were two Junior World Championships held in 1979 and 1980. In the lists below, champions whose names are colored in gold, silver, or bronze went also won the corresponding senior-level medal at the World Championships or Olympic Games in Greco-Roman wrestling. Champions colored blue also represented their country at the senior level in the World Championships or Olympic Games in Greco-Roman wrestling.

The date of these events is exactly ascertainable. Flodoard (Annales, Anno 943) states that Count Herbert died in that year, and was buried by his sons at St. Quentin, that when they learnt that Raoul, son of Raoul de Gouy, was about to invade their father's territory, they attacked him and put him to death. The identity of the other personages of the story has also been fixed from historical sources. The third part of the poem, of which Bernier is the hero, is of later date, and bears the character of a roman d'aventures.

CTI's claims of trade secret misappropriation were also denied by the district court due to insufficient evidence. The district court found that CTI's claimed trade secrets did not fulfill the requirements of deriving independent economic value from not generally being known and not being readily ascertainable. In addition, the court concluded that there was no evidence that Software Artisans had copied CTI's claimed secret, which the court equated with misappropriation's requirement of "use" of the secret. Presented evidence of misappropriation was circumstantial: short development time and no documentation of the software design.

Depending on the characteristics of the beating device in use and the intensity of the beatings the emerging visible aftereffects remain ascertainable over a time frame of a few hours to several days. The receiving person usually remains able to walk without help right after the punishment. When the beating is executed with heavy sticks like clubs or truncheons according to the falaka method, bone fractures commonly occur as well as nerve damage and severe hematoma. The sustained injuries can take a long time to heal with even lasting or irreversible physical damage to the human musculoskeletal system.

Luzzatto states that each earthly phenomenon is assigned to a specific star, which controls it. Quoting the Talmudic dictum in Shabbos 156a – "for Israel, there is no mazal ("luck", literally "planet" or "constellation")", he also states that higher powers (i.e. God or angels) may overcome the influences of this system, and that they typically do so for Jews.Derech Hashem Section II, chapter 7 Luzzatto notes that the laws and rules governing this system of astrological influence are extremely complex, and not easily ascertainable through direct observation; thus astrologers are rarely able to predict the future accurately or clearly.

He was President of the Royal Statistical Society, 1886–88. He also wrote a biography of his grandfather, The Life and Times of George Joachim Goschen, publisher and printer of Leipzig (1903). This culminated a long- standing project to refute allegations of Jewish ancestry, giving his earliest ascertainable ancestor as a Lutheran pastor named Joachimus Gosenius, recorded in 1609. (It did not apparently prevent his family being classed as of Jewish origin in the German genealogical work known as The Semi Gotha, first published 1913.) Chivalric Orders website, which notes the veracity of some of the genealogies contained are questioned by scholars.

Sir Ernest Guy Richard Lloyd, 1st Baronet, DSO (7 August 1890 – 22 September 1987) was an English-descent Scottish Unionist Party politician. The son of a Shropshire family, a paternal uncle, George Butler Lloyd had been Member of Parliament for Shrewsbury.His earliest ascertainable Lloyd ancestor lived in Alberbury, Shropshire, in 1583; a son of the latter founded a dynasty based in Shrewsbury. Lloyd was born in 1890, son of Major Ernest Thomas Lloyd (1860-1935), formerly of the Bengal Civil Service, and his wife Ethel Mary (died 1961), second daughter of Sir Richard Dansey Green-Price, 2nd Baronet.

Two inscriptions from Thirupparankunram in Madurai giving a list of nayaks in Gingee state they migrated originally from Maninagapura in northern India to Vijayanagara and subsequently settled in Gingee under Vaiyappa Nayak. An inscription of Surappa Nayak of the Gingee line mentions him with the title of 'lord of Maninagapura'. Maninagapura is supposedly Manikhpur (near Allahabad, UP) with the immigration supposed to have taken place in 1370 AD. However, neither the cause of migration could be established nor any other evidence exists to prove they originally came from Maninagapura. Circumstances leading to the foundation of the Gingee governorship are also not ascertainable.

There was, then, no single period ascertainable through observations of the solar surface. By equatorial spots the circuit was found to be performed in about two and a half days less than by spots at the (ordinarily) extreme north and south limits of 45°. The assumed ‘mean period’ of 25.38 solar days applied, in fact, only to two zones 14° from the equator; nearer to it the time of rotation was shorter, further from it longer, than the average. Carrington succeeded in representing the daily movement of a spot in any heliographical latitude l, by the empirical expression 865′ ± 165 .

It was known that the Kafirs occupied the crest of the Hindu Kush eastwards of the Khawak, but how far they extended north of the main watershed was not ascertainable. The southern limits of Badakhshan became definite again at the Dorah Pass. The Dorah connects Zebak and Ishkashim at the elbow, or bend, of the Oxus with the Lutku valley leading to Chitral. From the Dorah eastwards the crest of the Hindu Kush again became the boundary until it effects a junction with the Muztagh and Sarikol ranges, which shut off China from Russia and India.

Burnet v. Sanford & Brooks Co., 282 U.S. 359 (1931), was a case heard before the United States Supreme Court dealing with accounting for purposes of federal income tax and the Sixteenth Amendment to the United States Constitution. The case held that an annual accounting system is a practical necessity if the federal income tax is to produce revenue ascertainable and payable at regular intervals.. The case was decided at a time when losses could not be carried forward to future years. Section 172 of the Internal Revenue Code now generally allows losses to be carried back 2 years and forward 20 years.

Secondly, the recognition of ACL is circumscribed by its consistency with the Constitution and any legislation concerning ACL. The CC drew specifically on s 211(3) of the Constitution. Applying these principles, the Court found that the Community did indeed have (indigenous) rights in land in 1913, which were left unaltered by British annexation. It then added an important third principle – that customary law in the Constitution really referred to the living form of that law: :…It is important to note that indigenous law is not a fixed body of formally classified and easily ascertainable rules.

The latter sense of the term causes some overlap with the concept of complications. For example, in longstanding diabetes mellitus, the extent to which coronary artery disease is an independent comorbidity versus a diabetic complication is not easy to measure, because both diseases are quite multivariate and there are likely aspects of both simultaneity and consequence. The same is true of intercurrent diseases in pregnancy. In other examples, the true independence or relation is not ascertainable because syndromes and associations are often identified long before pathogenetic commonalities are confirmed (and, in some examples, before they are even hypothesized).

Under the TSCA, the EPA needs to collect data to assess the potential risks of chemicals and requires developing substantial evidence in order to withstand judicial review and policy making. Due to the section 6(a) of TSCA, the EPA has difficulty proving that certain chemicals pose unreasonable risks. In order to regulate those chemicals, the EPA must find reasonable basis including the effects of substance on human and environment, magnitude of exposure, benefits and uses of the chemical, and availability of the substance. The EPA also needs to determine the reasonably ascertainable economic consequences of the rule, after considering the effect to the national economy and businesses.

According to the common law, there is no contract of lease if there is no agreement on rent. Furthermore, the RHA requires rent to be agreed upon for the purposes of a rental agreement. The rent is usually a sum of money, in which case it must be either fixed in a definite sum or fixable by a method or standard, but may be in some other form, like a certain quantity, weight or measure of fruits or produce, or a certain proportion of the gross produce of the property. Whatever form the rent takes—and it cannot take the form of services—it must be definite or ascertainable.

Similarly, the term córus (law in accordance with proper order) occurs in some places, and even in the titles of certain texts. The laws tell stories of how truth could apparently cure a person and falsehood could cause blisters. These were two very real concepts to the jurists and the value of a given judgment with respect to them was apparently ascertainable. McLeod has also suggested that most of the specific laws mentioned have passed the test of time and thus their truth has been confirmed, while other provisions are justified in other ways because they are younger and have not been tested over time.

According to Leach, "the nicely ordered ranking of lineage seniority conceals a vicious element of competition."E. R. Leach, Political Systems of Highland Burma, 194. In fact, Leach was sensitive to "the essential difference between the ritual description of structural relations and the anthropologist's scientific description."E. R. Leach, Political System of Highland Burma, For instance, in his book, Leach argues, "the question that whether a particular community is gumlao, or gumsa, or Shan is not necessarily ascertainable in the realm of empirical facts; it is a question, in part at any rate, of the attitudes and ideas of particular individuals at a particular time."E.

The former refers to any distinction in gene frequencies between populations; the latter is "a matter of judgment". He further observed that even when there is clinal variation, "Race differences are objectively ascertainable biological phenomena ... but it does not follow that racially distinct populations must be given racial (or subspecific) labels." In short, Livingstone and Dobzhansky agree that there are genetic differences among human beings; they also agree that the use of the race concept to classify people, and how the race concept is used, is a matter of social convention. They differ on whether the race concept remains a meaningful and useful social convention.

The definition of the COMI is left to member states in their implementation of the Regulation, but paragraph (13) of the preamble states: 'The "centre of main interests" should correspond to the place where the debtor conducts the administration of his interests on a regular basis and is therefore ascertainable by third parties.' If the COMI of an entity is outside of the European Union then the insolvency proceedings are not subject to the Regulation.Re the Arena Corporation Ltd [2003] EWHC 3032 (Ch.), affirmed on appeal ([2004] EWCA Civ 371). In relation to companies there is a presumption that the registered office is the COMI of the company, but this presumption can be (and often is) rebutted.

Several rare but painful episodes of assassination, attempted assassination and school shootings at elementary, middle, high schools, as well as colleges and universities in the United States, led to a considerable body of research on ascertainable behaviors of persons who have planned or carried out such attacks. These studies (1995–2002) investigated what the authors called "targeted violence," described the "path to violence" of those who planned or carried out attacks and laid out suggestions for law enforcement and educators. A major point from these research studies is that targeted violence does not just "come out of the blue".Fein, R.A., Vossekuil, B. & Holden, G. Threat Assessment: an approach to prevent targeted violence.

Employee Retirement Income Security Act (ERISA) legislation has said that nongovernmental plans must be limited to some group of more highly compensated employees. The level of compensation required is not specified by ERISA, but it must be according to some ascertainable standard that the employer sets. The same highly compensated limit ($115,000 a year for the preceding year of 2014 and $120,000 for the preceding year of 2015) in place for 401(k) discrimination testing would likely be acceptable, as would restricting the plan to some class of employees such as directors or officers. Because of this limitation to higher-compensation employees, 457(b) plans are occasionally referred to as "top hat" plans.

Like the UNCITRAL Model Law on Cross-Border Insolvency, the EC Regulation also employs the concept of a centre of main interest (or "COMI"). The definition of the COMI is left to member states in their implementation of the Regulation, but paragraph (13) of the preamble states: 'The "centre of main interests" should correspond to the place where the debtor conducts the administration of his interests on a regular basis and is therefore ascertainable by third parties.' If the COMI of an entity is outside of the European Union then the insolvency proceedings are not subject to the Regulation.Re the Arena Corporation Ltd [2003] EWHC 3032 (Ch.), affirmed on appeal ([2004] EWCA Civ 371).

Time magazine subsequently reported that the New York Attorney General had "thrown the book" at Darvas, charging that his story was "unqualifiedly false" and that it could find "ascertainable" profits of only $216,000. The action was the first to be taken under a broadened state law that banned fraud or misrepresentation in giving investment advice. In a follow up, dated 13 January 1961, Time reported that the probe was blocked by the court, which ruled that the investigation by Attorney General Louis J. Lefkowitz was an "unwarranted invasion of the free press". Time also reported that state investigators admitted that they had not been able to track down all of the dancer's brokerage accounts.

Generally speaking, protection for intellectual property extends to intellectual creations in order to incentivize innovation, and depends upon the nature of the work and its characteristics. The main types of intellectual property law are: copyright, which protects creative works; patent, which protects invention; trade secret, which protects information not generally known or readily ascertainable that is valuable to the secret holder; and trademark, which protects branding and other exclusive properties of products and services. Any matter that meets these criteria can be protected. However, sui generis statutes exist in many countries that extend intellectual property protection to matter that does not meet characteristic definitions: integrated circuit layouts, ship hull designs, fashion designs in France, databases, or plant varieties require sui generis statutes because of their unique characteristics.

Between 1903 and 1911, the Melville Henry Massue produced volumes titled The Blood Royal of Britain - which attempted to name all the then-living descendants of King Edward III of England (1312–1377) - were published. He gave up the exercise after publishing the names of about 40,000 living people, but his own estimate was that the total of those of royal descent who could be proved and named if he completed his work at that time was 100,000 people. His work, however, was heavily dependent upon those whose names were readily ascertainable from works of genealogical reference, such as Burke's Peerage and Landed Gentry. The English geneticist Professor Stephen Jones estimates that 25% of the British population is descended from the Plantagenets.

Items displayed for sale are invitations to treat.. An offer is also distinguished from "mere puff". An offer may be made to become liable to anyone who, before it is withdrawn, accepts the offer. It may be restricted to certain classes of people; where an application for shares directed to provisional directors of company about to be formed was held to be offer to company when formed. or on the other hand be made to anyone who, before it is withdrawn, accepts the offer, including unascertained persons,Westminster Estates Pty Ltd v Calleja [1970] 1 NSWR 526; (1970) 91 WN (NSW) 222 LawCite in which an offer to "A or his nominee" was effective and may be accepted by the nominee once appointed, even though nominee's identity was not ascertainable at time when offer made.

In the former Yugoslavia, cheek kissing is also very commonplace, with your ethnicity being ascertainable by the number of kisses on each cheek. Typically, Croats and Bosniaks will kiss once on each cheek, for two total kisses, whereas Serbs will kiss once, but three times as a traditional greeting, typically starting at the right cheek. In Serbia and Montenegro, it is also common for men to kiss each other on the cheek three times as a form of greeting, usually for people they have not encountered in a while, or during the celebrations (wedding, birthday, New Year, religious celebrations, etc.). In Bulgaria cheek kissing is practiced to a far lesser extent compared to ex-Yugoslavia and is usually seen only between very close relatives or sometimes between close female friends.

Accordingly, while sentences that fall farther outside the Guidelines range must be justified with appropriate reference to the other factors, no "rigid mathematical formula" can dictate the precise extent of that justification. Such a formula smacks of a presumption of unreasonableness for sentences imposed outside the Guidelines range, an approach the Court rejects and that the Government had conceded was inconsistent with Booker. With respect to the sentence the district court had imposed on Gall, it is of course true that custodial sentences are qualitatively more harsh than noncustodial ones, even taking into account the restrictions on freedom that any program of probation will entail. Yet the Court concluded that it was nearly unworkable to arrive at "some ascertainable method of assigning percentages to various justifications" district courts might proffer for various sentences.

'" Thus, the plaintiffs' "equal protection argument fails on the merits." As to the bill of attainder claim, the Court noted that bills of attainder are "legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial." The "bill of attainder concept of punishment ... does not include 'every Act of Congress or the States that legislatively burdens some persons or groups but not all other plausible individuals.'" The harm the plaintiffs claimed "is not punishment in the functional sense because it serves the nonpunitive purpose of steering heterosexual procreation into marriage, a purpose that negates any suspicion that the supporters of [the initiative] were motivated solely by a desire to punish disadvantaged groups.

Similarly, the term córus (law in accordance with proper order) occurs in some places, and even in the titles of certain texts. These were two very real concepts to the jurists and the value of a given judgment with respect to them was apparently ascertainable. McLeod has also suggested that most of the specific laws mentioned have passed the test of time and thus their truth has been confirmed, while other provisions are justified in other ways because they are younger and have not been tested over timeNeil McLeod, The Concept of Law in Ancient Irish Jurisprudence, in "Irish Jurist" 17 (1982) The laws were written in the oldest dialect of the Irish language, called Bérla Féini [Bairla- faina], which even at the time was so difficult that persons about to become brehons had to be specially instructed in it, the length of time from beginning to becoming a learned Brehon was usually 20 years. Although under the law any third person could fulfill the duty if both parties agreed, and both were sane.

In 1905, Sigmund Freud presented his theory of psychosexual development in Three Essays on the Theory of Sexuality, giving evidence that in the pregenital phase children do not distinguish between sexes, but assume both parents have the same genitalia and reproductive powers. On this basis, he argued that bisexuality was the original sexual orientation and that heterosexuality was resultant of repression during the phallic stage, at which point gender identity became ascertainable. According to Freud, during this stage, children developed an Oedipus complex where they had sexual fantasies for the parent ascribed the opposite gender and hatred for the parent ascribed the same gender, and this hatred transformed into (unconscious) transference and (conscious) identification with the hated parent who both exemplified a model to appease sexual impulses and threatened to castrate the child's power to appease sexual impulses. In 1913, Carl Jung proposed the Electra complex as he both believed that bisexuality did not lie at the origin of psychic life, and that Freud did not give adequate description to the female child (Freud rejected this suggestion).

It is important, therefore, to determine what the essentials of the contract of employment are. Stripped to its essence, the contract of employment today may be defined as an agreement between two parties, in terms of which one party (the employee) works for another (the employer) in exchange for remuneration. Although this definition appears to be simple, it contains a number of important principles, aspects and implications. When they are taken into account below, the definition of the employment contract may be expanded as follows: > The contract of employment is a voluntary agreement between two legal > personae (the parties) in terms of which one party (the employee) places his > or her personal services or labour potential at the disposal of the other > party (the employer) for an indefinite or determined period in exchange for > some form of fixed or ascertainable remuneration, which may include money > and/or payments in kind. This entitles the employer to define the employee’s > duties and to control the manner in which the employee discharges them.

As a matter of public policy, the courts have always operated under the doctrine of parens patriae to make the best interests of any children their first and paramount concern. From time to time, this doctrine has been included in statutes, the most recent relevant version being section 1 of The Children Act 1989 which requires the court to consider the "welfare checklist". Before making a section 8 order (i.e. a residence order) the court must consider: #The ascertainable wishes and feelings of each child concerned (considered in light of his or her age and understanding); #His or her physical, emotional and/or educational needs; #The likely effect on him or her of any change in the circumstances; #His or her age, sex, background and any other characteristics which the court considers relevant; #Any harm which he or she has suffered or is at risk of suffering; #How capable each of his parents and any other person in relation to whom the court considers the question to be relevant, is of meeting his or her needs; #The range of powers available to the court under the Children Act 1989 in the proceedings in question.

Cathedral exterior The documented presence of a bishop in Bari goes back to Gervasius, who attended the Council of Sardica in 347, and his successor Concordius, who was present at the Synod of Rome of 465, although names of their predecessors are preserved by tradition, beginning with Saint Maurus in the 1st century. The bishop was elevated to an archbishop in the 6th century, and the presence of a cathedral in Bari is ascertainable from the same period. Under the present nave are traces of an ancient church building with an apse, from the period before the first millennium, which had three aisles and square pilasters, and foundations on an axis slightly out of alignment with that of the present cathedral. One of the mosaic pavements bears an inscription with the name of Bishop Andrea (758 - 761) and it seems highly likely that these are the remains of the first cathedral, which was destroyed in the 9th or 10th century. In the first half of the 11th century the then archbishop (1025–1035) ordered the construction of a new episcopal church, which was finished under his successors Nicola I (1035–1061) and Andrea II (1061–1068).