The court rejected an argument by Affinity that the PTO's invalidity determination was based on a flawed claim construction.
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Continuous invalidity of how the other partner feels about a situation is just as effective as saying their perceptions are wrong.
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And, the challengers conclude, because the individual mandate is intertwined with a multitude of ACA provisions, its invalidity sinks the whole law.
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Cox Communications filed suit in federal court in Delaware in 2012, seeking a declaration of noninfringement and invalidity of 12 of Sprint's patents.
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"I mean, for me, what saves this [is] even a patent invalidity finding can be appealed to a court," Justice Sonia Sotomayor said.
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After a brief discussion about what it feels like to hear those words and the invalidity of the notion, the offender asked for forgiveness.
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" Scalia was, however, clear that the Court's ruling should not be read to declare "the invalidity of laws regulating the storage of firearms to prevent accidents.
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The latter is especially ironic since Judge Kavanaugh has taken criticism from the right that his theory of invalidity for the Affordable Care Act was too anemic.
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This suggests to me that, if the question of the validity or invalidity of a presidential self-pardon were presented to a court, the stronger argument favors validity.
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Zain Saudi said the judgement was not enforceable for 60 days, during which time the company had the right to apply to the competent court for invalidity of the judgement.
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There's no question that Trump turned McCabe's firing into a political cudgel, gleefully tweeting about his ouster and claiming it as more proof of the invalidity of the Russia investigation.
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It would allow patentees to avoid invalidity challenges by narrowly defining the relevant technology and bring infringement claims based on weak patents that never should have been issued in the first place.
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"The Commissions decision is inconsistent with the recent unanimous jury verdict finding infringement of the same patent after Apple abandoned its invalidity defense at the end of trial," Qualcomm said in a statement.
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"The Commission's decision is inconsistent with the recent unanimous jury verdict finding infringement of the same patent after Apple abandoned its invalidity defense at the end of trial," Qualcomm said in a statement.
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"If I were a defendant indicted with the signature of this acting attorney general, I'd give real thought to making a motion to dismiss based on the alleged invalidity of his appointment," Sandick said.
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It was a hell of a way to end the evening, only made more so by the fact that it accidentally vindicates Marisa Tomei after 24 years of whispers about the invalidity of her Oscar.
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Invalidity Insurance (Agriculture) Convention, 1933 (shelved) is an International Labour Organization Convention. It was established in 1933: > Having decided upon the adoption of certain proposals with regard to > compulsory invalidity insurance,...
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Invalidity Insurance (Industry, etc.) Convention, 1933 (shelved) is an International Labour Organization Convention. It was established in 1933: > Having decided upon the adoption of certain proposals with regard to > compulsory invalidity insurance,...
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Invalidity Benefit has had both a positive and negative reactions.
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An invalidity opinion, also called "validity opinion", is a legal opinion provided by an attorney on how a court might rule on the validity of an issued patent. Invalidity opinions are often sought prior to patent litigation. See Patent infringement.
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Invalidity, Old-Age and Survivors' Benefits Convention, 1967 is an International Labour Organization Convention. It was established in 1967, with the preamble stating: > Having decided upon the adoption of certain proposals with regard to the > revision of the Old-Age Insurance (Industry, etc.) Convention, 1933, the > Old-Age Insurance (Agriculture) Convention, 1933, the Invalidity Insurance > (Industry, etc.) Convention, 1933, the Invalidity Insurance (Agriculture) > Convention, 1933, the Survivors' Insurance (Industry, etc.) Convention, > 1933, and the Survivors' Insurance (Agriculture) Convention, 1933,...
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A study published in the British Medical Journal suggested that the decline in manual employment was the main reason for rising levels of Invalidity claims, as men who had been in a manual occupation were the most likely to be claiming Invalidity Benefit. The authors of the study also suggested that people who had lost their job found claiming Invalidity Benefit preferable to claiming Unemployment Benefit because it paid more and did not carry the same stigma as being unemployed.
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Funeral benefit "shall be payable to the right holders of the insurance holder who deceased when receiving permanent incapacity income due to work accident or occupational disease, invalidity, duty disability or old-age pension or when minimum 360 days of invalidity, old-age and survivors insurance premiums are notified" for themselves.
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Steinberg, Danny D. "Competence, performance and the psychological invalidity of Chomsky's grammar." Synthese 32, no. 3 (1976): 373-386.
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The author claimed that this supported the view that the government was using Invalidity Benefit to conceal unemployment levels.
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Invalidity insurance is a mandatory social insurance (with premiums) "that allows insurance holders to have invalidity pension provided that the status of invalidity is determined and certain conditions, are met." If the insured person is determined by the ISS Health Committee to have lost working power (or a minimum 60% earning power in their profession due to work accident or occupational disease), they may be eligible for a pension or lump- sum payment dependent on other factors such as how long they have held insurance.
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This concept contained in the convention were revised and included in ILO Convention C128, Invalidity, Old-Age and Survivors' Benefits Convention, 1967.
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The concepts included in the convention were revised and included in ILO Convention C128, Invalidity, Old-Age and Survivors' Benefits Convention, 1967.
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The concepts included in the convention were revised and included in ILO Convention C128, Invalidity, Old-Age and Survivors' Benefits Convention, 1967.
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The concepts included in the convention were revised and included in ILO Convention C128, Invalidity, Old-Age and Survivors' Benefits Convention, 1967.
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The concepts contained in the convention were revised and included in ILO Convention C128, Invalidity, Old-Age and Survivors' Benefits Convention, 1967.
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The concepts included in this convention were revised and included in ILO Convention C128, Invalidity, Old-Age and Survivors' Benefits Convention, 1967.
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Sigismund was unanimously elected. He accepted his election, tacitly admitting to the invalidity of his election in September of the previous year.
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"The only condition for the validity is the full freedom of the decision. Speculation about its invalidity is simply absurd," he wrote.
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The Tosefta taught that invalidity of either the onyx stones or the stones to be set described in invalidated the other.Tosefta Menachot 6:11.
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There have been claims that the government was using Invalidity Benefit to lower the unemployment statistics. A report by Sheffield Hallam University showed that Invalidity Benefit claims started to rise when unemployment rose in the late 1970s and early 1980s, and argued that this indicated that many claimants were not too unwell or disabled to work, as the number of people with serious illnesses and disabilities would be expected to be constant. An earlier paper by two of the same authors made a similar argument, and showed that people living in areas where there had been a high number of job losses (such as traditional industrial areas) had the biggest growth in people claiming Invalidity Benefit. As well as this, a paper published in the Journal of Public Health Medicine argued that people with mild mental disorders were increasingly likely to claim Invalidity Benefit, and showed that the rate of people claiming Invalidity Benefit where their main disability was Depression or Anxiety had grown rapidly between 1985 and 1995, but that there was a much smaller increase in claims over the same period for potentially more disabling mental disorders, such as psychosis.
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Community indicators are a localized response to the perceived invalidity of the traditional predominantly economic indicators, such as GDP, that are used for measuring human progress. This invalidity takes two forms. First, economic indicators account for all money transactions as beneficial for quality of life, whereas some of these can be seen as decidedly negative (e.g., money spent on environmental cleanup of pollution that could have been prevented).
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The two most common defenses to a claim for patent infringement are non-infringement and invalidity. The defense of non-infringement is that at least one element of an asserted claim is not present in the accused product (or in the case of a method claim, that at least one step has not been performed). The defense of invalidity is a counter-attack on the patent itself., i.e.
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Men under the age of 65 and women under 60 were entitled to claim Invalidity Benefit. To be eligible for Invalidity Benefit, claimants needed to have claimed a short-term sickness benefit, such as Statutory Sick Pay for 28 weeks prior to the claim and have paid National Insurance contributions. The claimant's age and qualifications were taken into consideration when deciding if the claimant was capable of working.
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The specific statutory interpretation performed by Justice Story became obsolete when the Patent Act of 1836 took effect, Ex parte Wood has never been cited in a Supreme Court opinion. It has however resurfaced in recent debates over the jury trial right in patent cases. In the 1995 case of In re Lockwood, the Federal Circuit used it to distinguish invalidity proceedings from inequitable conduct proceedings, arguing that the proceedings under section 10 of the Patent Act of 1793 were more similar to proceedings of the inequitable conduct kind, and therefore the jury-trial right did not extend to modern invalidity proceedings.Andrew W. Bateman, Reconsidering in Re Technology Licensing Corporation and the Right to Jury Trial in Patent Invalidity Suits, 82 Chi.
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In Washington State Grange v. Washington State Republican Party,552 U.S. 442 (2008). the U.S. Supreme Court stated several reasons for disfavoring facial challenges. > Claims of facial invalidity often rest on speculation.
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Howard never forgot her many kindnesses both to himself and his extended family, and her growing sickness and invalidity did much to cement his view of existence as heartless, unfair, and ultimately futile.
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Pakistani passports bear an inscription outlining the invalidity of the passport in regards to Israel.Canada Immigration Info' - FAQs, Info' available as answer for the question "Are some passports better to have than others?".
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Humphrey, 512 U.S. 477, 129 L. Ed. 2d 383, 114 S. Ct. 2364 (1994). That was a US Supreme Court decision that held that a plaintiff is barred from prosecuting a 42 U.S.C. 1983 action if the successful resolution of the action would necessarily imply the invalidity of a criminal conviction of the plaintiff. The issue was whether a finding in favor off Yount on his 42 U.S.C. 1983 claim would "necessarily imply the invalidity" of his criminal conviction for resisting arrest.
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A paper published in the Economic Journal suggested that changes to the benefits system encouraged claimants to go onto Invalidity Benefit rather than Unemployment Benefit. It argues that changes to the criteria for receiving Unemployment Benefit made it harder to receive. The paper also says that people who were near retirement age were possibly incentivised to stay on Invalidity Benefit because they could claim the benefit for five years after their retirement, and unlike the state pension, it was not taxed.
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The second category includes teachings on such matters as the illicitness of euthanasia, prostitution and fornication, and on what are called "dogmatic facts", such as the canonization of saints and the invalidity of Anglican ordinations.
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Nkabinde J concluded that the definition of rape should be extended so as to include anal penetration of a female, but that the question of non-consensual penetration of the penis into the anus of another male should be left open. That being so, there was no need for the court to address the declaration of invalidity of the statutory provisions made by the High Court. In conclusion, then, Nkabinde J declined to confirm the declarations of invalidity in paragraph 3 of the order.
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Depending on the grounds, the result of a will contest may be: # Invalidity of the entire will, resulting in an intestacy or reinstatement of an earlier will. # Invalidity of a clause or gift, requiring the court to apply principles of intestate succession, or to decide which beneficiary or charity receives the charitable bequest by using the equitable doctrine of cy pres. # Diminution of certain gifts and increase of other gifts to the widowed spouse or orphaned children, who would now get their elective share.
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The presented object is perceived elsewise and the represented object exists elsewhere. They further maintain that knowledge is not intrinsically valid but becomes so on account of extraneous conditions (paratah pramana during both validity and invalidity).
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"Medal For Kent Heroine", Daily Mail, 18 May 1918. However her grateful nation did not approve an invalidity pension for Lethbridge because she had lied about her age in order to work at the munitions factory.
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The 19 October 1945 Order built a system for illness, maternity, invalidity, old age, death. A law in 1946 extended the family allowances to the entire population and another law incorporated injury at work to Social Security.
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Where the confirmation of an order of constitutional invalidity was under consideration by the court, O'Regan held, the abandonment of an appeal did not put an end to the proceedings. The court still had to decide whether to confirm or vary or set aside the order. Moreover, the Court had to determine what ancillary orders should be made, if any. The relevant government department was best placed to assist the court in crafting such ancillary orders, by informing it of the potential disruption that an order of invalidity might cause.
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For example, an applicant may choose to attack an old-order law for inconsistency with the right to freedom of economic activity,s 26 of the interim Constitution. rather than relying on the narrower right to professional freedom.s 22 of the 1996 Constitution. "Logically speaking," Currie and De Waal Handbook 52. the doctrine of objective invalidity means that in the case of old-order legislation, invalidity must first be assessed in terms of the interim Constitution, notwithstanding that the cause of action may have arisen during the operation of the 1996 Constitution.
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31 and they could not be saved by s 1 of the Charter. The trial judge thus granted Insite a constitutional exemption and issued a suspended declaration of invalidity regarding s 4(1) and 5(1) of the CDSA.SCC, par.
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Newegg Inc., No. 11-1009 (Fed. Cir. January 22, 2013) The ruling of invalidity put a stay on the remaining lawsuits in progress.How Newegg crushed the “shopping cart” patent and saved online retail, by Joe Mullin - January 27, 2013, arstechnica.
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On remand, the Sixth Circuit ordered a new sentencing hearing "based on the purported invalidity of an aggravating circumstance found by the jury."Cone v. Bell, 556 U.S. at 463 (citing Cone v. Bell, 359 F.3d 785 (6th Cir. 2004).
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A validity opinion, also called "invalidity opinion", is a legal opinion provided by an attorney on how a court might rule on the validity of an issued patent. Validity opinions are often sought prior to patent litigation. See Patent infringement.
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Select clauses of the Patentstyret Trademark Act, such as § 2. and § 14. 7., were cited in Infernus' favour throughout the dispute and determined the eventually concluded illegality and invalidity of King's trademark application, which also failed to satisfy § 8.: > § 2.
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Previous case law which addressed retrospective effect has also upheld the principle that there needs to be limitations on this effect. The Constitution requires that there needs to be a distinction between a declaration of invalidity and retrospective effects of such declarations. A declaration of invalidity should not be applied to all existing previous decisions as this would be disadvantageous to an ordered society, victims of those cases and a coherent legal system. The general principle has always been that a declaration of unconstitutionality will not affect judicial decisions which has already reached a final stage of decision.
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Three referendums were held in Switzerland during 1925.Nohlen, D & Stöver, P (2010) Elections in Europe: A data handbook, p1909 The first was held on 24 May on a popular initiative calling for insurance for invalidity, old age and bereavement, and was rejected by voters. The second was held on 25 October on a federal resolution on the settlement and residence of foreigners, and was approved by a majority of voters and cantons. The third was held on 6 December on a federal resolution on insurance for invalidity, old age and bereavement, and was also approved by a majority of voters and cantons.
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As to the power of the court to give retrospective effect to its order of invalidity, Sachs held that a general declaration of invalidity with retrospective effect would impact negatively on good government by rendering unlawful all searches conducted after the retrospective date specified. This could create considerable uncertainty regarding the validity of proceedings conducted on the basis of evidence obtained as a result of such searches. It could also give rise to delictual claims by persons subjected to searches and seizures after that date, adding further burdens to a health budget already under considerable strain.Para 41.
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In September 1971, Keith Joseph, then Secretary of State at the Department of Health and Social Security, introduced Invalidity Benefit in the National Insurance Act 1971. The caseload grew rapidly from the middle of the 1980s. In 1995, the Conservative Secretary of State for Social Security, Peter Lilley, abolished Invalidity Benefit for fresh claims and replaced it with Incapacity Benefit. The Prime Minister of the day, John Major, had complained about the burgeoning caseload, saying: "Frankly, it beggars belief that so many more people have suddenly become invalids, especially at a time when the health of the population has improved".
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The next question to be considered was whether or not the declaration of invalidity, referred to the Constitutional Court in terms of section 172(2)(a), should be confirmed. In deciding whether to develop the definition of rape, noted Nkabinde J, the Court was obliged to confine itself to the facts of the case: "It follows therefore that the Court cannot confirm the declaration of invalidity to the extent that it is based on conclusions relating to the gender-neutral nature of the crime, an issue that does not arise on the facts of this case." The relevant declaration of invalidity concerned statutory provisions in the Act and the Criminal Procedure Act, as well as their respective Schedules, to the extent that they were gender-specific. Having decided to extend the definition of rape to include anal penetration of both males and females, the High Court in consequence made an order reading the word "person" into the statutory provisions wherever reference is made to a specific gender.
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The Agreement allows migrant workers and their families to have access to the benefits of social security by allowing nationals of one Member State to have accounted for their working time in another Member State for the purpose of granting retirement, invalidity or death benefits.
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Because the nullity of the marriage is clear from the circumstances there is no need for a canonical process to issue a Declaration of Nullity. The correction of this invalidity requires the couple to exchange their consent according to canonical form (commonly called "convalidation").
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32 of the cases were registered as "grave", 20 of them as "total invalidity". Later the same year, a similar incident affected the Schwyz Gebirgsmitrailleurkompanie IV/72 where at least 17 soldiers suffered permanent health damage after a salad was prepared with cooling oil.
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An elevated need for closure prompts the tendency to "seize" on initial evidence and then "freeze" on the judgments it suggests. Time pressure has been found to increase participants' tendency to seize on "anchors" provided before a task, while fear of invalidity reduced this behavior.
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The legal principle is applied resulting in the conforming lot being deemed to be infected because of the illegal condition created on the other lot and the creation of the two lots is deemed invalid. Infectious invalidity affects both zoning and property ownership rights.
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The court held that the declaration of invalidity had to be made retrospective to 27 April 1994, but that it did not apply to any completed transfer of ownership to an heir who had no notice of a challenge to the legal validity of the statutory provisions and the customary- law rule in question. Furthermore, anything done pursuant to the winding-up of an estate in terms of the Act, other than the identification of heirs in a manner inconsistent with this judgment, would not be invalidated by the order of invalidity in respect of section 23 of the Act and its regulations.Para 129.
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Altvater v. Freeman, 319 U.S. 359 (1943), was a decision by the Supreme Court of the United States which held that, although a licensee had maintained payments of royalties, a Declaratory Judgment Act claim of invalidity of the licensed patent still presented a justiciable case or controversy.
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Voss based the opinion on the type species, H. schinzii, being nomen dubium, with its holotype fossil, an isolated molar, having no diagnostic value.Voss, Manja. "On the invalidity of Halitherium schinzii Kaup, 1838 (Mammalia, Sirenia), with comments on systematic consequences." Zoosystematics and Evolution 90 (2014): 87.
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Example 1 One way to demonstrate the invalidity of this argument form is with a counterexample with true premises but an obviously false conclusion. For example: :If Bill Gates owns Fort Knox, then Bill Gates is rich. :Bill Gates is rich. :Therefore, Bill Gates owns Fort Knox.
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Dickson, p. 320. The constitutional invalidity of the Stanley plan led new governor of Virginia, James Lindsay Almond Jr., also a Democrat, to propose "passive resistance" to school integration in 1959. The Supreme Court declared portions of "passive resistance" unconstitutional in 1964 and again in 1968.
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An editorial in the British Journal of General Practice published in 1990 argued that GPs felt pressured into giving patients sick notes because they did not have time to fully assess the patient's fitness to work, which was contributing to the rise in Invalidity Benefit claims.
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Thereafter Thomas proclaimed the excommunication of Otto's followers, while Pope Clement V declared the invalidity of the coronation. 1307 seal of Thomas Pope Clement confirmed Thomas' election and sent his pallium on 31 January 1306. Prior to this, Thomas borrowed a lot of money to achieve this goal.
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The poorest individuals can apply for the Basic Solidarity Pension of Invalidity (Pensión Básica Solidaria de Invalidez PBSI). Those who have not contributed to the Social Security system can apply for disability pensions. As of 2015, the pensions only cover around 23 percent of people with disability in Chile.
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On 11 May 2012, the Court of Criminal Appeal quashed the conviction of Ted Cunningham on all ten charges, citing an invalidity of the warrant used to search his house. The invalidity referred to the fact that the warrant was issued by the senior Garda in charge of the investigation, as allowed for by section 29 (1) of the Offences against the State Act, a state of affairs which the Court found to be repugnant to the Constitution of Ireland. The Court ordered a retrial on nine of the ten original counts of money laundering. It directed that the tenth, relating to a sum of money allegedly found in Cunningham's home was not to be retried.
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The effect of section 232(3) of the Constitution would be to give effect to the principle of "reading down" the provisions in issue, permitting a pared- down construction of the legislation so as to rescue it from a declaration of invalidity. Importantly, however, it did not require restricted interpretation of fundamental rights so as to interfere as little as possible with pre- existing law. Nor was it the function of the court to fill in lacunae in pre- constitutional statutes to save them from invalidity. As to the applicability of the provisions of section 33(1) of the Constitution, which justify the limitation of a fundamental right, the court set out a two-stage approach.
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This is an objective consideration: "The actions of the beneficiary of the right can have no influence on the invalidity of unconstitutional law or conduct."Currie and De Waal Handbook 39. That is why a person cannot validly undertake to behave unconstitutionally; such an undertaking will have no force and effect.
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A decree of January 6, 1955 modified articles A.186-2 and A.186-3 of the Code of military invalidity pensions and victims of war to include political internees and deportees of the First World War and introduced a “1914-1918” clasp to the medal in both its variants.
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An illustration of a mere aggregation would be the "combination" of a bathtub and a pencil sharpener. More recently, the "mere aggregation" ground of invalidity for a machine claim has been subsumed under obviousness.See 35 U.S.C. § 103; Sakraida v. AG Pro, Inc., 425 U.S. 273, 282 (1976); Anderson's-Black Rock, Inc. v.
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A Family Fund was set up to provide assistance to families with children who had congenital conditions, while new benefits were introduced benefiting hundreds of thousands of disabled persons whose disabilities had been caused neither by war nor by industrial injury. An Attendance Allowance was introduced for those needing care at home, together with Invalidity Benefit for the long-term sick, while a higher Child Allowance was made available where invalidity allowance was paid. Widow's Benefits were introduced for those aged between forty and fifty years of age, improved subsidies for slum clearance were made available, while Rent Allowances were introduced for private tenants. In April 1971, the right to education was given to all children with Down's syndrome for the first time.
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He appealed that decision, and his appeal was dismissed by the NSW Court of Appeal.Kable v Director of Public Prosecutions (1995) 36 374. It was from that decision that the appeal was brought to the High Court, on grounds of constitutional invalidity. He was represented by Sir Maurice Byers, a former Solicitor-General of Australia.
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To give the Government of Canada time to respond, the declaration of invalidity was suspended for one year. In 2014, the Government of Canada enacted the Protection of Communities and Exploited Persons Act (PCEPA). This legislation is modelled after the Nordic Model, and criminalizes buyers of sexual services as well as third-party supporters.
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Invalidity Benefit was a benefit from the United Kingdom's National Insurance scheme that was introduced in 1971 by Edward Heath's government. It was paid to people who had been invalided out of their trade or occupation after sustaining an injury or developing a long-term illness. It was replaced by Incapacity Benefit in 1995.
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The Restatement (2d) of Property, which is a treatise describing general legal principles applied by the courts in the United States states that > Infectious invalidity means that the failure of certain transfers may cause > interests that are otherwise valid to fail also. This approach was taken in > New England Trust Co. v. Sanger, 337 Mass.
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By 1527, Henry wanted his marriage to Catherine annulled.:"Henry wanted an annulment—a formal and legal declaration of the marriage's invalidity. Yet the word contemporaries used, divorce, captures better the legal and emotional turmoil." She had not produced a male heir who survived longer than two months, and Henry wanted a son to secure the Tudor dynasty.
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On the invalidity of Halitherium schinzii Kaup, 1838 (Mammalia, Sirenia), with comments on systematic consequences. Zoosystematics and Evolution 90(1):87-93.M. Voss, B. Berning, and E. Reiter. 2016. A taxonomic and morphological re-evaluation of “Halitherium” cristolii Fitzinger, 1842 (Mammalia, Sirenia) from the late Oligocene of Austria, with the description of a new genus.
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What individuals may do is to waive the right to exercise a fundamental right. The individual may undertake not to invoke the constitutional invalidity of state or private conduct. Although, "from a constitutional point of view, such a waiver is hardly ever decisive of an issue," nonetheless "it is also seldom irrelevant."Currie and De Waal Handbook 39.
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The cow's eye, teeth, and tongue could cause no invalidity. And a dwarf-like cow was nonetheless valid. If the Red Cow had a sebaceous cyst and they cut it off, Rabbi Judah ruled the cow invalid, but Rabbi Simeon ruled it invalid only if no red hair grew in its place.Mishnah Parah 2:2, in, e.g.
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The district court granted summary judgment against the defendants on the antitrust charges, but dismissed the invalidity claims on the ground that the Government lacked standing to challenge patent validity. The district court also denied the Government’s request for mandatory selling of the bulk chemical and compulsory licensing, on reasonable terms. The Government then appealed to the Supreme Court.
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The Court held that: :1 licensee adequately raised and preserved its contract claim; :2 licensee was not required to terminate or breach license agreement prior to seeking declaratory judgment of patent invalidity, abrogating Gen–Probe Inc. v. Vysis, Inc.; and :3 Supreme Court would not address whether action was subject to dismissal on discretionary grounds. Reversed and remanded.
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Kentucky, . The term "Batson challenge" is used to refer to the act of arguing for the invalidity of a trial on the basis that peremptory challenges during jury selection resulted in the exclusion of a cognizable group. Batson′s authority has also recently been reinforced in a pair of 2005 decisions, Miller-El v. Dretke, , and Johnson v.
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H.R. 2795 would have also established post-grant opposition proceedings, a feature that is common in foreign patent regimes. Oppositions allow a wide range of potential invalidity arguments and are conducted through adversarial hearings that resemble courtroom litigation, but because they limit discovery and involve a lower burden of proof, oppositions are cheaper and faster than lawsuits.
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Courts would give time to authorities for compliance, by suspending or delaying declarations of invalidity. In 2003, the Supreme Court of Canada in Doucet-Boudreau v Nova Scotia (Minister of Education) held that, in constitutional cases a court could keep the final outcome in a case pending in a post-judgment supervisory jurisdiction, and would not become functus officio.
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For Alfonsi, there existed a difficulty in proving Christianity through the invalidity of Judaism since the basic tenets of Christianity originate in the Old Testament. At the time, some believed if a polemicist proves the nullification of binding of the Mosaic ("Old") Law, then ipso facto he or she also proves the invalidity of Christianity. He attempted to avoid this problem by challenging the Talmud and rabbis. This work presented a point of view contrary to previous Christian philosophy because Christians claimed that the Jews were blindly practicing the Old Law. Petrus Alfonsi initiated a differing idea that “the Jews no longer followed the Old Law; they follow a new and heretical law, that of the Talmud.” Petrus’ belief was that the Jewish leaders were knowingly and willfully leading their flock astray.
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The Court continued: > We do not believe that Congress contemplated that such a taxpayer, without > risking criminal prosecution, could ignore the duties imposed upon him by > the Internal Revenue Code and refuse to utilize the mechanisms provided by > Congress to present his claims of invalidity to the courts and to abide by > their decisions. There is no doubt that Cheek, from year to year, was free > to pay the tax that the law purported to require, file for a refund and, if > denied, present his claims of invalidity, constitutional or otherwise, to > the courts. See 26 U.S.C. 7422. Also, without paying the tax, he could have > challenged claims of tax deficiencies in the Tax Court, 6213, with the right > to appeal to a higher court if unsuccessful. 7482(a)(1).
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There are further reasons for invalidity concerning the postal vote: Both votes are invalidated if the envelope for the postal vote is empty, if it contains several differently marked ballot papers or if it actually should have been rejected (including also those ballot paper envelopes which differ from the rest in a way that endangers the election secrecy.) In contrast, the votes of voters who die or lose their right to vote before the ballot vote takes place explicitly remain valid. Invalid votes, equally to non posted votes, have no effect on the result of the poll. Nevertheless, their number is officially counted and published. According to § 4 of the election statistics act, the cause of invalidity is also a census criterion to be mentioned in the official election statistics.
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Applying the doctrine of > infectious invalidity to avoid a distortion of the settlor's "clear desire," > the court held that the second trust should govern the trust distribution. > It stated that by striking down all the gifts, valid and invalid, made in > the first trust, and by giving effect to the second trust, the settlor's > plan for the income gifts was substantially carried out. [§ 1.5 comment 7] In zoning law, infectious invalidity is a principle where a parcel of land that itself complies with zoning requirements is considered to be in violation of zoning laws because of the circumstances of its creation. The situation arises when a parcel of land is improperly divided into two lots, resulting in one of the new lot conforming to the applicable zoning standards and one lot not conforming.
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A person may not inherit who, by fraud, duress or undue influence, has induced the testator to make a disposition in his or her favour. The amount of pressure which leads to the invalidity of a disposition on the ground of undue influence depends on various factors, such as the mental state of the testator and the relationship between the persons concerned.
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Today, the Supreme Court quotes Justice Holmes in Mahon for the recognition of the invalidity of a government regulation that so severely burdens private property that it constitutes a taking under the Fifth Amendment. The cited cases include: Goldblatt v. Hempstead, 369 U.S. 590, 594 (1962); Penn Central Transportation Co. v. New York City, 438 U.S. 104, 127 (1978); Agins v.
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The Domestic Relations Division hears matters concerning the family, including: dissolution of marriage, legal separation, invalidity of marriage, civil orders of protection, child support, child custody and visitation, parentage, and enforcement and modification of previously entered judgments in these matters. This division does not hear adoption or guardianship cases, which are heard in the County Division and Probate Division, respectively.
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At an advanced age and in poor health Krishna Dasa commenced work on his magnum-opus the Chaitanya Charitamrita (c. 1557) after being repeatedly petitioned by the devotees in Vrindavana who had never met Chaitanya and who were eager for details. He vividly describes in the text itself: “I have now become too old and disturbed by invalidity. While writing, my hands tremble.
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Douglas College (1990), see also Cuddy Chicks v. Ontario (1991) However, even if the tribunal is a court of competent jurisdiction it cannot make a declaration of invalidity for any invalid law, it can only treat it as no force or effect.ibid. Overall, section 24's "competent jurisdiction" limit on which courts may award remedies, in R. v. 974649 Ontario Inc.
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This area includes the banking business of Laboral Kutxa, the insurance company Seguros Lagun Aro, and the Voluntary Social Welfare Body Lagun Aro, which had an asset fund totalling €5,566 million at the end of 2014. The yield obtained from this fund is used to cover long-term retirement, widowhood, and invalidity benefits, complementary to those offered by the Spanish social security system.
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9, 28 and she was responsible for designing the Italian Garden at Glamis.Forbes, p. 28 She was deeply religious, a keen gardener and embroiderer, and preferred a quiet family life. During World War I, Glamis Castle served as a convalescent hospital for the wounded, in which she took an active part until she developed cancer and was forced into invalidity.
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If the invalidity is proven, an annulment can be granted. Only marriages which have the appearance of validity are considered putative. Consequently, if form is altogether lacking, then the marriage is not considered putative, and the marriage does not enjoy the presumption of validity. If the impediment is removed, or a dispensation granted, and if consent perdures, the marriage can be convalidated.
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The Supreme Court granted certiorari to decide the question, "Should the holding of Triplett v. Lowell, 297 U. S. 638, that a determination of patent invalidity is not res judicata as against the patentee in subsequent litigation against a different defendant, be adhered to?"—even though Blonder-Tongue had asked the Court to rule only on the merits of the patentee's infringement case.
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The range of applicability and validity or invalidity of these 'principles' has been examined and debated by many others,Lavenda, B.H. (1978). Thermodynamics of Irreversible Processes, Macmillan, London, Martyushev, L.M., Seleznev, V.D. (2006), Maximum entropy production principle in physics, chemistry, and biology, Physics Reports, 426: 1-45.Grandy, W.T., Jr (2008). Entropy and the Time Evolution of Macroscopic Systems, Oxford University Press, Oxford, .
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On 9 March 2020, the ECAA released an interim report on the crash. This report stated that the left and right angle of attack (AOA) values deviated by 59°. The AOA disagree message did not appear. The left minimum operating speed and left stick shaker speed was computed to be greater than the maximum operating speed without any invalidity detection.
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Despite having been on the Labour back benches since 1972 and not part of the shadow cabinet, in 1974, after Harold Wilson's defeat of Edward Heath, Castle became Secretary of State for Health and Social Services. While serving in this position, Castle introduced a wide range of innovative welfare reforms, including the introduction of the mobility allowance, the Invalid Care Allowance (July 1976) for single women and others who give up their jobs to care for severely disabled relatives, the introduction of a non-contributory invalidity pension for disabled persons who had not qualified for invalidity pension, reforms in child allowances, and the linking of most social security benefits to earnings rather than prices.Anthony Seldon and Kevin Hickson (eds), New Labour, Old Labour: The Wilson and Callaghan Governments, 1974–79. In the 1975 referendum debate she took a Eurosceptic stance.
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Incapacity Benefit was a British social security benefit that was paid to people facing extra barriers to work because of their long-term illness or their disability. It replaced Invalidity Benefit in 1995. The government began to phase out Incapacity Benefit in 2008 by making it unavailable to new claimants, and later moved almost all the remaining long-term recipients onto Employment and Support Allowance.
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Justice Hartzenburg, in the Transvaal High Court, declared that a provision of the Defence ActAct 44 of 1957. prohibiting members of the Defence Force from becoming members of a trade union, and from engaging in any “protest action” as defined in the Act, was unconstitutional. To have any force and effect, however, the declaration of invalidity had to be confirmed by the Constitutional Court.
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Canon law presumes that all marriages are valid until proven otherwise.1983 Code of Canon Law, Canon 1060 Annulment respondents who want to use canon law to defend their marriage against declarations of invalidity have the right to have a competent advocate assisting them. An advocate is like a lawyer. Respondents have the right to read the petition (called libellus, meaning "little book") of the petitioner.
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54, No.4 at 1368. and clarified that a court may judge the invalidity of patent in a patent infringement lawsuit. Summary of the judgment: > In the event there is clear and convincing evidence that a patent is > invalid, a claim for injunction, damages, or other claims based on such > patent is beyond the scope of rights intended by the act, except in > extenuating circumstances.
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He went on to say that because of their invalidity, those who held shares of the company's stock without them, were not eligible to attend the annual stockholders' meeting. Osgood was upheld in this opinion by the company's board of directors. Determined to attend the meeting, Gates hired a special train to get to the meeting in Denver. John Osgood was prepared for Gates' arrival.
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In Catholic canon law, there are a number of requirements for a valid Catholic marriage. However, a Catholic marriage is considered valid unless and until it is proved otherwise.Canon 1060. In consequence, children born as a result of a marriage which is found to be void are considered legitimate, and the spouses cannot marry others without first obtaining an annulment by proving its invalidity.
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In 1979, an invalidity stopped him to continue his career at the Eagle squad and he subsequently could only carry on in the reserve team. Totally he amounted 225 Bundesliga appearances, netting nine times. Bundestrainer Helmut Schön capped him twice for Germany. On 20 December 1975, he came in as a substitute for Bernard Dietz in the 74th minute in a friendly against Turkey.
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Infectious invalidity is a doctrine of property law that provides that under certain defined circumstances because one action is improper another action is invalid. If applicable, the failure of certain transfers may cause interests that are otherwise valid to fail also. This approach was taken in the Massachusetts case of New England Trust Co. v. Sanger, 337 Mass. 342, 149 N.E.2d 598 (1958).
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The Minister of Defence and the Chief of the Defence Force (the respondents in this matter), opposed confirmation of the order of invalidity only in respect of the prohibition on joining trade unions. The South African Defence Force Union (the applicant) accepted that strike action was inappropriate in the military context, but argued that this should not prevent members of the Defence Force from joining a trade union.
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The company was founded by Ludwig Schunk and Karl Ebe in 1913 in Fulda to produce carbon brushes. In 1918 the company moved to Heuchelheim near Giessen. The childless founder Ludwig Schunk (1884–1947) bequeathed the company's entire assets to the Providential Fund for Company Members. That fund was meant to provide voluntary financial support to employees and former employees or their relatives in case of neediness, invalidity or old age.
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Apple has similarly appealed the decision vacating the injunction on Samsung's sales. Leading up to a December 4, 2014 hearing at the United States Court of Appeals for the Federal Circuit, Samsung had noted that the USPTO had released preliminary and/or final findings of invalidity against some of the patents relevant to the first case, namely the so-called pinch-to- zoom patent 7,844,915., fosspatents.com, December 5, 2014.
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During the Enlightenment, belief in astrology amongst intellectuals fell away, though it had a popular following supported by almanacs. One English almanac compiler, Richard Saunders, followed the spirit of the age by printing a derisive Discourse on the Invalidity of Astrology, while in France Pierre Bayle's Dictionnaire of 1697 stated that the subject was puerile. The Anglo- Irish satirist Jonathan Swift ridiculed the Whig political astrologer John Partridge.
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One way to eliminate the invalidity of conducting research in a lab and therefore creating a false atmosphere is experience sampling. This is a research method in which participants report on their emotions in the instance they are occurring. By giving participants a method of recording their feelings as they occur throughout the day, such as a Palm Pilot or journal, it is possible to gather more accurate data.
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The current director of SENADIS is María Ximena Rivas. Individuals wishing to access services for people with disabilities must be certified by the Preventive Medicine and Disability Commission (Comisiones de Medicina Preventiva e Invalidez COMPIN). There are two types of pensions in Chile. The Invalidity Pension (Pensión de Invalidez PI) is part of the private pension system and can be accessed by people who are unable to work.
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In the mid-1850s Stein moved to the South East of South Australia. For the next twenty years, in contrast to the sharp dress, wealth, and eminence of his early life, Stein’s life was marked by destitution and then invalidity. Nevertheless, he was an aristocrat to the end, recognised for maintaining a proud, gentlemanly, and genial demeanour, while still being visited by influential friends.Pastoral Pioneers of South Australia, Vol 2.
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Later, Ross and Blair converse with each other about everything that has happened lately. Meanwhile, Téa is shunned by Todd after having a huge argument with him about the invalidity of their marriage and flees to La Boulaie to confront Blair about the matter. She badgers Téa to admit the truth about yet another secret. Téa confesses she has been hiding the fact she has a child with Todd.
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On 7 June 2003, for the first time, the military court of Tours granted an invalidity pension to a veteran of the Sahara tests. According to a poll made by the AVEN with its members, only 12% have declared being in good health. An international symposium on the consequences of test carried out in Algeria took place on 13 and 14 February 2007, under the official oversight of President Abdelaziz Bouteflika.
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In response to LeFauve's first article, Lisak stated that he stands by his research, indicating that Reason got several points wrong and may have mixed up several of his statements. However, in her article on the validity (or rather, invalidity) of Lisak's "Frank" video and the conclusions he draws about serial rapists, LeFauve retorts that Lisak "misstated what the articles said" in his response to her first article.
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This Beel-cabinet set the course for the political and economic development of the post war Netherlands. In social policy, temporary measures were introduced in December 1946 entitling wage- earners to an allowance for the first and second child under the age of 18. The Old Age Pensions Emergency Provisions Act of May 1947 provided means- tested pensions for all persons over the age of 65 regardless of the previous employment record, and the Pensioners’ Family Allowances Act of July 1948 introduced family allowance for those in receipt of invalidity, old age, or survivors’ benefits "according to the Invalidity Insurance Act 1919."Growth to Limits: The Western European Welfare States Since World War II, Volume 2 edited by Peter Flora In 1948 parliamentary elections were again required for a constitutional renewal, which was thought necessary to solve the problems emerging in the Dutch East Indies, where the nationalists Sukarno and Hatta had proclaimed the independence of their country immediately after the Japanese surrender.
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One of the alleged grounds of invalidity was lack of novelty. The Supreme Court of Canada employed a two-part test for anticipation. In order for there to be a finding of anticipation, the prior art must satisfy both of the following branches: #prior disclosure; and #enablement. The test for disclosure is whether a person skilled in the art, reading the prior patent, would understand that it discloses the special advantages of the second invention.
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The CDP was a leftwing christian democratic party. It was a reformist and rejected both class conflict and the privileged position of some classes over others. Unlike the ARP it did not reject cooperation with non-religious parties. It had a traditional leftwing program, involving the extension of suffrage to all householders, the implementation of mandatory insurance against sickness and invalidity (an early form of the welfare state), progressive taxation and stronger rights for workers.
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Similarly, the Tosefta taught that invalidity of any of the cups, knops, or flowers of the menorah described in invalidated the others. Issi ben Judah listed the words "like almond blossoms" in among five passages in the Torah whose grammatical structures are unclear. Issi ben Judah taught that it is unclear whether "like almond blossoms" refers to the cups mentioned before or the knobs and flowers mentioned after.Mekhilta of Rabbi Simeon Amalek 54:2:6.
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Biologists conduct research using the scientific method to test the validity of a theory in a rational, unbiased and reproducible manner. This consists of hypothesis formation, experimentation and data analysis to establish the validity or invalidity of a scientific theory. There are different types of biologists. Theoretical biologists use mathematical methods and develop models to understand phenomena and ideally predict future experimental results, while experimental biologists conceive experiments to test those predictions.
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The church does not recognise divorce as ending a valid marriage and allows state- recognised divorce only as a means of protecting the property and well being of the spouses and any children. However, consideration of particular cases by the competent ecclesiastical tribunal can lead to declaration of the invalidity of a marriage, a declaration usually referred to as an annulment. Remarriage following a divorce is not permitted unless the prior marriage was declared invalid.
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A common or frequent issue arising in such matters was the time the department would need to replace the unconstitutional provision.Para 15. Section 8(2) of the Constitutional Court Complementary ActAct 13 of 1995. provides that, when an order of constitutional invalidity is referred to the Constitutional Court for confirmation, the President of the Court may request the Minister of Justice to appoint counsel to present argument to the court at the confirmation proceedings.
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A purpose trust is a trust created for the fulfilment of a purpose, not for the benefit of a person. While charitable trusts are also for the benefit of an abstract purpose, charitable purposes for the public benefit are an exception to the standard rule regarding purpose trusts, which is that they are void.Edwards (2007) p.187 The invalidity of purpose trusts is commonly said to have been set in Morice v Bishop of Durham.
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The invalidity pension () is for people who cannot fully work for health reasons. Three levels of disability are distinguished. If the decrease in ability to work is 35–49%, then it falls under the first degree of disability. If a person has decrease in ability more than 50% but less than 69%, it falls under the second degree of disability and cases with 70% or more decrease in ability fall under the third degree.
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A patent can be found invalid on grounds described in the relevant patent laws, which vary between countries. Often, the grounds are a subset of requirements for patentability in the relevant country. Although an infringer is generally free to rely on any available ground of invalidity (such as a prior publication, for example), some countries have sanctions to prevent the same validity questions being relitigated. An example is the UK Certificate of contested validity.
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In United States patent law, the doctrine has been overturned. In 1969, the U.S. Supreme Court, in Lear v. Adkins, held the doctrine inconsistent with a federal policy that the invalidity of specious patents should be unmasked in order to permit full and free competition in technology ideas that belong in the public domain. The strong public interest in invalidating patents, allowing public access to non-patentworthy technology, justified permitting licensees to challenge patents.
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Doctors diagnosed a personality disorder and alcoholism and he received an invalidity pension. In 1998 he was convicted of threatening a bus driver employed by the Zug transport company. Leibacher was upset by his treatment, and wrote frequently to the authorities with letters of complaint. The passage of time did not diminish his grievance as Leibacher began to believe he was the target of a government conspiracy led by Robert Bisig, a Cantonal Minister.
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In the 1980s Olmerová performed with the Metropolitan Jazz Band, the Steamboat Stompers and with the Senior Dixieland, and occasionally sang with folk and country musicians (Wabi Ryvola among others). In 1986 she recorded the album Dvojčata ("The Twins") with Jitka Vrbová and Hot Jazz Prague. Her health was rapidly deteriorating, due her alcoholism and associated lifestyle. She lived in poor domestic conditions on a low rate of invalidity pension, but continued singing.
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450 U.S. at 679-680. In this analysis, Brennan suggested greater deference to the state legislature and better examination of the legislative history of the statute in dispute, rather than giving credence to the factual record created at trial by the State’s attorneys. However, protectionist legislation such as this, which shifts burdens and expenses to other states, does not require such deference. Brennan would create a per se invalidity rule for such laws.
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The government had long been reluctant to intervene in economic affairs, dominated as it was by liberals, but Luxembourg was to follow the model of its neighbour to the East.Thewes (2011), p. 58 The law of 1891 gave a legal basis to mutual aid societies. In the early 20th century, a series of laws introduced obligatory insurance for workers: health insurance in 1901, accident insurance in 1902, and invalidity and old age insurance in 1911.
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Maternity insurance refers to the sickness and invalidity statuses of an insured woman or the spouse of a male insurance holder working on service contract or who receives income or pension caused by the pregnancy or maternity status. Maternity insurance "starts from the date of pregnancy up to the first eight weeks or, in case of multi-delivery, up to the first ten weeks following delivery." They are also eligible for Temporary Incapacity Allowance.
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Searched persons are only entitled to a copy of the warrant after its execution, however. The State is not obliged to give notice of intention to apply for a warrant, as this could easily defeat the very purpose of the warrant An operation to remove a bullet from a leg is not covered by search and seizure provisions. See Minister of Safety & Security v Xaba. An overbroad warrant does not necessarily lead to total invalidity.
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Compared to European and Italian law, reality is somewhat behind. Eight years after Directive 1996/123/CE, there would be grounds for an infraction procedure against Italy. But since Italy enjoys the company of several other non-compliant Member States, they are all ‘safe’ for the time being. Though the letter of the CAD may be not be respected, it seems very unlikely that this may determine the invalidity or nullity of the acts for violation of Art.
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Steuart argued for "the invalidity of Lincoln's election, because of the negro votes cast and counted for him in the states of New York, Ohio, and Massachusetts".Letter from George H. Steuart to the National Intelligencer dated November 19, 1860, unpublished. In 1861, as war grew closer, Steuart established a family trust, administered by four of his sons, in order to look after his large family. The trust income consisted chiefly of ground rents from his estates.
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Although born in Inverness, to a Scottish mother, Crabb's upbringing was mostly in Haverfordwest, the county town of Pembrokeshire in Wales. His father began claiming long-term sickness benefit – known then as Invalidity Benefit – the year before Crabb was born. His mother separated from his father when Crabb was eight years old. She raised him and his two brothers on a council estate, living on benefits and receiving help from family, friends and the Baptist church.
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As the German Democratic Republic moved into its final phase, in 1989 Graffunder retired on grounds of invalidity. Nevertheless, following reunification, between 1990 and his death in 1994 he operated his own Architecture Bureau in Berlin. Commissions included two garden centres, several hotel developments and urban development projects. At this time he involved himself in plans for the preservation of the Palace of the Republic, now that its original purpose had been overtaken by political changes.
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They are about whether the laws Parliament has enacted on > how prostitution may be carried out pass constitutional muster. I conclude > that they do not. I would therefore make a suspended declaration of > invalidity, returning the question of how to deal with prostitution to > Parliament. Sign about Bill C-36 in a massage parlor in Montreal, September 2015 In a decision dated December 20, 2013, the Supreme Court of Canada struck down the laws in question.
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People who have paid sufficient Pay Related Social Insurance into the national Social Insurance Fund may qualify for Illness Benefit for one or two years. They may then qualify for Invalidity Pension, which can continue until age 66. Injury Benefit and Disablement Benefit may be payable to people disabled as a result of an accident at work or a prescribed disease contracted at work. Disability Allowance is payable to disabled people over 16 and under 66 years of age.
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Disability pension calculations vary depending on the country. Countries like Czech Republic, Estonia, Ireland, Greece, Croatia, Latvia, Hungary, Slovakia, Finland, Sweden and the United Kingdom apply a risk-based logic. In this case the length of the period when the individual was insured is not important, only that he or she was insured when the invalidity occurred. Other countries use a pro-rata method, were the pension is higher for people who had been insured for a longer time.
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Increases were made in pensions and other benefits during Wilson's first year in office that were the largest ever real term increases carried out up until that point.The Five Giants: A Biography of the Welfare State by Nicholas Timmins. Social security benefits were markedly increased during Wilson's first two years in office, as characterised by a budget passed in the final quarter of 1964 which raised the standard benefit rates for old age, sickness and invalidity by 18.5%.
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On 19 August 2015, at the final trial, the Supreme Court confirmed life imprisonment to Kim and his election as a Seoul Metropolitan Council member was officially annulled. The invalidity of his election caused a by-election, held along with the general election. The Democratic Party of Korea (successor of the NPAD) decided to not put a candidate on responsibility of the case. In the end, Kim Kyung-ja of the People's Party (splinter of the NPAD) was elected.
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The Court delayed its suspension of invalidity for a period of 12 months, to allow Parliament the opportunity to amend its laws if it so chose.Carter v. Canada (Attorney General), 2015 SCC 5 at para 128 In January 2016, the Court granted an additional four-month extension to the suspension to allow for further time. As an interim measure, it ruled that provincial courts can now begin approving applications for euthanasia pursuant to the criteria in the Carter decision.
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Garry Kitchen currently (2012–present) works as an independent technical expert in legal matters concerning video game and mobile app design and development, patent infringement & invalidity, copyright infringement, general software development, video game industry history and business issues. Kitchen has performed Expert Witness consulting for clients such as Nintendo, Sony Interactive Entertainment and Ubisoft. Kitchen is on the Board of Advisors of the National Video Game Museum as well as Fairleigh Dickinson University's FDUArts Advisory Board.
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On the other hand, the alleged infringer could do nothing to rectify the situation if no declaratory judgment existed. The alleged infringer would be forced to continue to operate his business with the cloud of a lawsuit over his head. The declaratory-judgment procedure allows the alleged infringer to proactively bring suit to resolve the situation and eliminate the cloud of uncertainty looming overhead. Common claims for declaratory judgment in patent cases are non-infringement, patent invalidity, and unenforceability.
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All questions as to the validity of a will must, notwithstanding that the will has been registered by the Master, be determined by the court. If a will is regular on the face of it—that is, if it is apparently in proper form and in compliance with the requirements of the law, and if there is no external sign or mark of any flaw in it—it is presumed to be valid; hence, if it is sought to establish the invalidity of the will, the onus of proving the cause or reason of the invalidity is upon the person endeavouring to set aside the will. This rule as to the onus of proof is applied whether the will is attacked on the ground of non-compliance with the formalities required by law, or of forgery, or of undue influence, or of incapacity of the testator, such as his insanity. Where an action is brought to have a will declared invalid, the executor and all the beneficiaries under the will must be joined as defendants in the action.
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Telstra submitted that this conclusion is not denied by the provisions of Section 152EB which deal expressly with the subject of just terms. If a Commonwealth law provides for the acquisition of property on unjust terms, then Section 51(xxxi) renders that law invalid, since it is beyond the legislative powers of the Commonwealth to create such a law, then Section 152EB, the final provision of Part XIC of the Trade Practices Act, acts to save that law from invalidity, via reasonable compensation by the Commonwealth.. Telstra argued that this provision did not save the impugned provisions from invalidity stating that relevant acquisitions "occur by the imposition of the standard access obligations on carriers or providers pursuant to Section 152AR" and not by any ACCC determination. Furthermore, any acquisition only comes into operation when a relevant request for the service is made by a provider, and not by any ACCC determination. Telstra stated that Section 152EB should be considered engaged only in respect to determinations that effect an acquisition, and that the only relevant determinations are those made by the ACCC.
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The government had long been reluctant to intervene in economic affairs, dominated as it was by liberals, but Luxembourg was to follow the model of its neighbour to the East. The law of 1891 gave a legal basis to mutual aid societies. In the early 20th century, a series of laws introduced obligatory insurance for workers: health insurance in 1901, accident insurance in 1902, and invalidity and old age insurance in 1911. The inspectorate of work and mines was established in 1902.
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The first application concerned the inconsistency of this with the Constitution and therefore its unlawfulness and invalidity. The second application, brought by the city of Cape Town, was for the review and setting aside of the first Mayor's decision to extend the contract of employment. In terms of the second application, the court dealt with the matter on the basis of the doctrine of legality. It was held that the first Mayor did not have the power to make his decision.
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Moreover, if applicants opt to receive this benefit, they cannot meet the conditions for receiving a standard old-age pension (in that case they will receive only old-age pension) and they have to have pension insurance for the stipulated periods. Like the old-age pension, the invalidity pension has two components. The first is a basic amount, which is 2700 CZK. The second component, a percentage amount, depends on the number of insured years and the degree of disability.
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SpeakerCraft moved for a summary judgment of invalidity. The district court of California held that the patents were invalid because they were anticipated by an in-wall speaker offered by Boston Acoustics Inc. more than a year prior to the application dates of each patent. The U.S. Court of Appeals held that the patents were not anticipated by the Boston Acoustics product and reversed the district court’s decision and remanded the case for further proceedings. The circuit court affirmed the district court’s decision.
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" Skinner's petition was heard by the Supreme Court on October 13, 2010 at 10:00. The oral argument was widely covered by, among other media, the Washington Post. On March 7, 2011, the decision of the Supreme Court agreed that the civil rights action was appropriate in this case. Justice Ruth Bader Ginsburg wrote that a Section 1983 suit was available in cases where the relief sought by the inmate would > not "necessarily imply the invalidity of his conviction or sentence.
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By 1843 they had established an outstation, Lap Lap, on Reedy Lake, and had heard of the run Coryule, near modern Drysdale. On 18 July they settled the sale of the property from Mr. Austin and by the late 1840s they were living there in the stone house Coryule, overlooking Port Phillip Bay, built by Melbourne architect, Charles Laing. In June 1852 Anne Drysdale suffered a stroke and, after a period of invalidity, died on 11 May 1853. Newcomb inherited the property.
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The Court rejected the patentee's argument that "the unrestricted right to relitigate patent validity is ... an essential safeguard against improvident judgments of invalidity" by courts ill-equipped to deal with complex technological issues. Rather, it would be sufficient just to require that the patentee have "a fair opportunity procedurally, substantively and evidentially to pursue his claim the first time." To determine that it would be sufficient to rely "on the trial courts' sense of justice and equity."402 U.S. at 330–34.
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Miller had by then retired from competitive eating and weighed considerably less than he did during his heyday. Miller believed he received his nickname when his father, who travelled the country with Bozo's mother in a vaudeville show, was performing as a clown. He married Janice Bidwell, a former Princess of the Pasadena Rose Bowl. She died on March 28, 2001 after many years of illness and invalidity stemming from a brain haemorrhage and through which Miller cared for her.
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Graph from The Trail of Blood, a popular Landmarkist book Landmarkism is a type of Baptist ecclesiology developed in the American South in the mid-19th century. It is committed to a strong version of the perpetuity theory of Baptist origins, attributing an unbroken continuity and unique legitimacy to the Baptist movement since the apostolic period. It includes belief in the exclusive validity of Baptist churches and invalidity of non-Baptist liturgical forms and practices. It led to intense debates and splits in the Baptist community.
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As in other countries at the time, the social question was being raised by the development of modern industry. The neighbouring German Empire under Bismarck had, in the 1880s, started expanding the role of the state through the enactment of laws introducing health insurance, accident insurance and old age and invalidity insurance. Eyschen had been chargé d'affaires in Berlin and had been friends with the Chancellor's son, and was well aware of this legislation. When he became prime minister, he set about introducing something similar in Luxembourg.
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The Gillette Defence is a way of arguing non- infringement by proving invalidity without requiring the patent claims to be construed. The defence is based on an early 1900s decision from the House of Lords and allows the defendant to plead that their alleged infringing actions are part of the prior art, and thus either the patent is invalid for claiming the prior art or if the patent is valid, the defendant does not infringe.Gillette Safety Razor Company v. Anglo-American Trading Company Ltd.
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A copy of the 2002 edition of the National Routeing Guide. The National Routeing Guide is a document, the definitive resource on the validity (and invalidity) of rail tickets for the purpose of rail travel in England, Wales, and Scotland (that is, the United Kingdom except Northern Ireland). As stated by the Rail Regulator, "[it] sets out passengers' rights to use the network flexibly". It is a book produced by the Rail Delivery Group, which should always be carried by any rail ticket inspector.
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"This, however, does not happen in practice."Currie and De Waal Handbook 52. In Ex parte Women's Legal Centre: In re Moise v Greater Germiston Transitional Local Council (Moise II), the court dealt with an application to amend the order that it had made earlier, in Moise v Greater Germiston Transitional Local Council (Moise I). In Moise I, the court had confirmed the declaration of invalidity by a High Court of section 2(1)(a) of the Limitation of Legal Proceedings (Provincial and Local Authorities) Act.
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Judge Kalodner dissented. First, he said, the majority decided the case on the basis of the preponderance of evidence but it should have used the "clear and convincing evidence" standard.The majority opinion took issue with this assertion, which was based with a colloquy with counsel. The trial court's conclusions of law stated that "[u]pon our examination of the record, we have concluded that Rohm and Haas has met its burden of proving invalidity by clear and convincing proof." 456 F.2d at 601 n.
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Ilm al-Aqa'id and Ilm al-Kalam are comprehensive sciences in Islamic theology and philosophy. They are important because upon these understandings, one may understand issues such as invalidity of attributing the literal meaning of some ayah to God. In this case, one will be required to interpret the ayah as in ‘the hand of Allah is over their hand’. Other key issues required to be addressed through comprehension of theology and philosophy includes that of free will and determinism, or the infallibility of the prophets.
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However, Lennox states that in evolution as conceived by Darwin, it is true both that evolution is the result of mutations arising by chance and that evolution is teleological in nature. Statements that a species does something "in order to" achieve survival are teleological. The validity or invalidity of such statements depends on the species and the intention of the writer as to the meaning of the phrase "in order to." Sometimes it is possible or useful to rewrite such sentences so as to avoid teleology.
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There she worked in the city centre as a district leader for the "National Association of Workplace Invalidity Victims" ("Zentralverband der Arbeitsinvaliden"). The political context changed abruptly after January 1933 when the Nazis took power and lost no time in transforming Germany into a one-party dictatorship. After the Reichstag fire at the end of February 1933, those with a political past involving the (now banned) Communist Party found themselves at the top of the government's target list. Many were arrested (or worse) or fled abroad.
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On 6 June 2016, the suspension of invalidity expired and the law was struck down. On 17 June 2016, a bill to legalize and regulate assisted dying passed in Canada's Parliament.BBC News, Canada's parliament passes assisted suicide bill 18 June 2016. The current law's requirement that a natural death must be "reasonably foreseeable" or "incurable", has been controversial for how it vastly limits the original Supreme Court of Canada ruling mandating assisted dying be made available to all adults with "grievous and irremediable" medical conditions.
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The exercise of arbitration as a judicial function was first challenged in Waterside Workers' Federation of Australia v J W Alexander Ltd,. where the majority, Barton, Isaacs, Powers and Rich JJ held that a judge of a federal court was required to be appointed for life. Because the President of the Arbitration Court was appointed for seven years, the Arbitration Court could not exercise federal judicial power. This raised the issue as to whether the invalidity extended to awards that had been made under the arbitration power.
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Archbishop Arundel investigated Purvey's teachings and found several counts of heresy including the invalidity of wrongful excommunication, and the ineffectuality of papal law. Because of his accusations of heresy, he was imprisoned in 1390. Nonetheless he continued to write various works, including commentaries, sermons and treatises condemning the corruption of the Catholic Church. By 1401, he was brought before convocation and, unable to face death by burning, like that of William Sawtrey, he recanted at St Paul's Cross in London and returned to orthodoxy.
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Desirability or Debasement base rate scores of 75 or greater indicate that the examiner should proceed with caution. Personality and Clinical Syndrome base rate scores of 75–84 are taken to indicate the presence of a personality trait or clinical syndrome (for the Clinical Syndromes scales). Scores of 85 or above indicate the persistence of a personality trait or clinical syndrome. Invalidity is a measure of random responding, ability to understand item content, appropriate attention to item content, and as an additional measure of response style.
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Jacobsen v. Katzer was a lawsuit between Robert Jacobsen (plaintiff) and Matthew Katzer (defendant), filed March 13, 2006 in the United States District Court for the Northern District of California. The case addressed claims on copyright, patent invalidity, cybersquatting, and Digital Millennium Copyright Act issues arising from Jacobsen under an open source license developing control software for model trains. In ruling on summary judgment motions the Northern District Judge ruled that liability for an open source copyright violation nevertheless did not support Plaintiff's claim for damages.
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A "motion to quash" an indictment, based upon a former adjudication that a previous indictment for the same offense was barred by the statute of limitations, held, in substance, a plea in bar.. Under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246, the right to review decisions and judgments sustaining special pleas in bar is not limited to cases in which the decisions or judgments are based upon the invalidity or construction of the statutes upon which the indictments are founded., and , explained and distinguished.
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His proclamation, therefore, was on face of it irrational, and the doctrine of objective invalidity rendered it void ab initio. Furthermore, the proclamation issued to correct the errors in the first proclamation was also void. The court thus considered also the power of the State President to issue a proclamation correcting an error made in an earlier proclamation. Although the court found that the President was empowered to withdraw the offending proclamation, it held that he may not amend a proclamation issued in error where the original proclamation was void ab initio.
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These roughly fall into three categories: # Non- infringement, asserting that the defendant does not make, use or sell the patented invention; # Invalidity, asserting that the patent should not have been granted in view of prior art; # Defences based on user rights, statutory or otherwise. Remedies in Canadian patent law generally track both common law and equitable remedies. Equitable remedies include injunctions (both final and interlocutory) and an accounting of profits. Common law remedies include damages aimed at putting the plaintiff in the position he would have occupied had the infringement not occurred.
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Admitted to École spéciale militaire de Saint-Cyr in 1912, he graduated in 1914 part of the "promotion de Montmirail" with the rank of Sous-lieutenant. On 5 August 1914, he joined the 60th Line Infantry Regiment () and ended the war with the rank of captain. He was made a Chevalier of the Légion d'honneur and 11 citations, wounded 7 times and subsequently retired with 90% invalidity because of a thigh fractured by a bullet, a broken arm due to a grenade, trepanning wounds and gas burns to his eyes.
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The original profession of Jean Duclos was horticulturist but, like many men of his generation, the First World War marked him morally as well as physically. Grievously wounded in September 1916, he retained for the rest of his life scars on his face and damaged vision. At the end of the war, decorated with the Légion d'honneur, Croix de guerre, Médaille militaire, but invalided out with an invalidity rate of 100%, he could not perform his job. He adhered to two organisations: the Association républicaine des anciens combattants ( ARAC ) and the French Communist Party.
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As a result, Stanford was entitled to only those rights that remained after the Government declined to exercise its option. According to the Court, Stanford therefore lacked standing to sue Roche, the district court lacked jurisdiction over Stanford's infringement claim, and the district court should not have addressed the validity of the patents. Accordingly, the Court vacated the district court's finding of invalidity and remanded the case for dismissal due to lack of standing. Stanford appealed to the Supreme Court based on its argument that Bayh-Dole overrides normal ownership of inventions.
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Plans of the original Fort Madison, 1810. Black Hawk participated in the 1809 and 1812 sieges; the fort was captured by British-supported Indians in 1813. During the War of 1812, Black Hawk, now 45, served as a war leader of a Sauk band at their village of Saukenuk, which fielded about 200 warriors. He supported the invalidity of Quashquame's Treaty of St. Louis (1804) between the Sauk and Fox nations and then-Governor William Henry Harrison of the Indiana Territory that ceded territory, including Saukenuk, to the United States.
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Titanosauroidea was tentatively retained as the opposite clade of titanosaurs, which included all other traditional titanosaurs, although it was noted because of the invalidity of Titanosaurus, Titanosauroidea should be considered an invalid name as well. While the original analysis didn't focus on titanosaurs, it was utilised during the descriptions of Savannasaurus and Diamantinasaurus, Yongjinglong, an osteology of Mendozasaurus, and redescribing Tendaguria. From these updates, an analysis of 548 characters and 124 taxa was published by Mannion et al. in 2019 for a redescription of Jiangshanosaurus and Dongyangosaurus, and additional revisions of Ruyangosaurus were made.
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Sauk warrior Black Hawk, the leader of a band of Sauks near Rock Island at Saukenuk, was a chief voice of opposition to the ceding of Native American lands to American settlers and the U.S. government. Black Hawk supported the invalidity of the Treaty of St. Louis of both the Sauk and Fox nations negotiated with the then Indiana Territory Governor William Henry Harrison. The treaty ceded territory, including Black Hawk's birthplace Saukenuk, to the United States. The Sauk traditionally had been a society that reached their decision-making via consensus.
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In his 1970 book, Stewards of the Lord: A Reappraisal of Anglican Orders, John Jay Hughes argued that there were enough flaws in and ambiguity surrounding the pope's apostolic letter to merit re-examination of the question of the invalidity of Anglican holy orders. Hughes himself had previously been an Anglican priest and was subsequently conditionally ordained in the Roman Catholic Church. Other Anglican theological critics argued that apostolic succession had never been broken in the first place, due to valid ordinations tracing back to Archbishop William Laud and beyond to Archbishop Matthew Parker.
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Laws in 1928 and 1930 set up insurance for the risks of illness, maternity, invalidity, old age and death for employees, plus a special scheme for farmers. In 1932, a law provided families with allowances to cover expenses, financed by employer. On the eve of World War II, France had a comprehensive protection system but its coverage lagged far behind Germany, Britain and smaller countries. More attention was paid to industrial labour in the mid-1930s during a short period of socialist political ascendency, with the Matignon Accords and the reforms of the Popular Front.
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The Court in Near left open the possibility of prior restraints for various exceptional purposes, such as national security, control of obscenity, and the like. It wrote: Near's dicta suggest that, while a constitutional prior restraint can exist, the high burden of proof necessary to demonstrate constitutionality results in a presumption of invalidity, and the government bears the burden of showing the restraint's constitutionality. In a later case (Nebraska Press Ass'n v. Stuart), the Court wrote: This shows the strong later acceptance of what had been a disputed decision when it was first handed down.
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The actions alleged infringement of several U.S. patents that they owned relating to software power management under operating system control. St. Clair asserted that Henry Fung had invented software power management under operating system control and alleged that these companies had infringed St. Clair's patents and therefore owed St. Clair royalty payments. Microsoft intervened on behalf of the defendants and filed a declaratory judgment against St. Clair on 7 April 2010, seeking judgments of non-infringement and invalidity of the Fung patents. (D.I. 1, C.A. No. 10-282).
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It can also adjudicate dispute cases between organs of the Federal Government regarding each of their duties and powers. Additionally, it may hear and settle cases pertaining to the President's impeachment trials, in accordance with Article 92. The date at which a verdict to nullify legislation comes into effect is, in turn, chosen by the Constitutional Court. With regard to legislation that is considered unconstitutional, the Court may determine the legislation to be void from either the time of judgement or enactment, or allow appropriate action pending invalidity from a specified future date.
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The principle of postliminium, as a part of public international law, is a specific version of the maxim ex injuria jus non oritur, providing for the invalidity of all illegitimate acts that an occupant may have performed on a given territory after its recapture by the legitimate sovereign. Therefore, if the occupant has appropriated and sold public or private property that may not legitimately be appropriated by a military occupant, the original owner may reclaim that property without payment of compensation.Lauterpacht, H., Oppenheim's International Law, Vol. II, pp.
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The occupational pension scheme is known as Berufliche Vorsorge in German, Prévoyance professionnelle in French, and Previdenza professionale in Italian. In daily life, it is more often referred to as “the second pillar” (German: die Zweite Säule, French: le deuxième pilier, Italian: il secondo pilastro). According to article 113 of the Swiss federal Constitution, “the occupational pension scheme, together with the Old-age, Survivors' and Invalidity Insurance, enables the insured person to maintain his or her previous lifestyle in an appropriate manner”. It is a funded pension plan.
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On appeal, the question was whether Mr Boddington was entitled to raise, as a defence, the invalidity of the by-law under which he had been convicted. The difficulty was that the normal path for having an administrative action declared unlawful and invalid is an application for judicial review – which Mr Boddington had not brought. The House of Lords held unanimously that he was entitled to bring a so-called collateral challenge in the criminal proceedings. Lord Irvine, then Lord Chancellor, and Lord Steyn gave the leading speeches.
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As in other countries at the time, the social question was being raised by the development of modern industry. The neighbouring German Empire under Otto von Bismarck had, in the 1880s, started expanding the role of the state through the enactment of laws introducing health insurance, accident insurance and old age and invalidity insurance. Eyschen had been chargé d'affaires in Berlin and had been friends with the Chancellor's son, and was well aware of this legislation. When he became prime minister, he set about introducing something similar in Luxembourg.
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Mann, IV, pg. 82 In January 898, Pope John IX rehabilitated Formosus against their will. Lambert convened a diet at Ravenna in February. Seventy bishops met and confirmed the pact of 891, the invalidity of Arnulf's coronation, and the validity of Lambert's imperial title.Mann, IV, pg. 95 They legitimised the election of John IX. They also solved the Formosan question and confirmed his rehabilitation.Mann, IV, pg. 94 Most significantly for Lambert, however, they reaffirmed the Constitutio Romana of Lothair I (824), which required the imperial presence at papal elections.
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Vicoprofen tablets were initially formulated and packaged by Knoll, with ibuprofen supplied by Albemarle Corporation and hydrocodone supplied by Mallinckrodt Pharmaceuticals. The validity of Knoll's patent on Vicoprofen has been challenged in federal court. In September 2002, the U.S. District Court for the Norther District of Illinois granted a motion of invalidity filed by Teva Pharmaceuticals against Knoll's patent on Vicoprofen, ruling the patent was invalid as obvious. This ruling paved the way for Teva's abbreviated new drug application to be approved by the FDA which would allow them to manufacture and market their own generic.
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But they must admit that probabilism is more probable than Æquiprobabilism, since the vast majority of theologians favour the milder view, and Æquiprobabilists do not reject external authority. Hence on their own principles they ought to admit the practical truth of probabilism. – Æquiprobabilists reply that extrinsic authority is of no avail when the arguments on which the authority rests have been proved to be invalid; and they claim that they have proved the invalidity of the probabilist arguments. Moreover, a reflex principle is useless unless its truth is proved with certainty, since its sole utility is to change speculative uncertainty into practical certainty.
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John Jay, author of Federalist No. 64 Federalist No. 64, titled "The Power of the Senate", is an essay published on March 5, 1788 by John Jay as part of the ongoing Federalist Papers. Throughout the Federalist Papers, Madison, Hamilton, and Jay emphasize, the special role in the field of foreign affairs (Golove). However, Federalist No. 64 specifically focuses more deeply on the concept of treaties and how they are formed. This specific essay in the Federalist Papers is very influential; while discussing with the concept of treaties, the mystery behind the author, and the invalidity of the Anti- Federalists' argument.
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Registered soldiers who were disabled in service received an invalidity pension, while similar provisions were made for the disabled and poor in general. Caliph Al-Walid I assigned payments and services to the needy, which included money for the poor, guides for the blind, and servants for the crippled, and pensions for all disabled people so that they would never need to beg. The caliphs Al-Walid II and Umar ibn Abdul-Aziz supplied money and clothes to the blind and crippled, as well as servants for the latter. This continued with the Abbasid caliph Al-Mahdi.
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A reverse inference infers that activation in a particular brain region causes the presence of a mental process. Fine argues that such inferences are routine in the neuroscience of sex differences, yet "the absence of neat one-to-one mapping between brain regions and mental processes renders reverse inferences logically invalid". She emphasises that mental processes arise from complex interactions between a multiplicity of brain regions; the inference from correlation to causation is invalid, because the interactions between brain regions and mental processes are vastly complex. The invalidity stems from brain region activation being multiply realisable.
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However, the Court limited this ability by denying the tribunal any power to strike down any part of the law. La Forest J said that "a formal declaration of invalidity is not a remedy which is available to the Board. Instead, the Board simply treats any impugned provision as invalid for the purposes of the matter before it".para. 17 This test has the same three criteria as the test for a "court of competent jurisdiction" under section 24(1) of the Charter, except here it does not matter if the tribunal is a "court" or not.
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The Directive is intended to approximate laws of the Member States of the European Union that relate to trade marks. The Directive was designed to harmonise disparities in the respective trade mark laws that had the potential to impede the free movement of goods and provision of services and distort competition within the European Union. The Directive provided a framework of minimum provisions applicable throughout the European Union but did not seek to impose onerous obligations on national trade mark registries. For example, the Directive did not stipulate how member states should deal with the registration, revocation and invalidity of trade marks.
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This relevant provision of the criminal law was not however made by the Oireachtas, but rather by private individuals, themselves participants in the industry being regulated. Consequently, in the Court's findings, the scheme of the 1946 Act conferred a high degree of sovereignty on participants to an ERO or an REA. This was done so in the sense that they had the power to make law for themselves and they were also empowered to make law for others which gave rise to the burdensome restraints on competition for potential employers and invasive control over potential employees. Therefore, a declaration of invalidity was granted.
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One way to demonstrate the invalidity of this argument form is with an example that has true premises but an obviously false conclusion. For example: :If you are a ski instructor, then you have a job. :You are not a ski instructor :Therefore, you have no job That argument is intentionally bad, but arguments of the same form can sometimes seem superficially convincing, as in the following example offered by Alan Turing in the article "Computing Machinery and Intelligence": However, men could still be machines that do not follow a definite set of rules. Thus, this argument (as Turing intends) is invalid.
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During the Ukrainian crisis between 2013 and 2014, the UN adopted Resolution 68/262 on March 27, 2014 entitled Territorial integrity of Ukraine by the sixty-eighth session of the United Nations General Assembly in response to the Russian annexation of Crimea. The non-binding resolution, which was supported by 100 United Nations member states, affirmed the General Assembly's commitment to the territorial integrity of Ukraine within its internationally recognized borders and underscored the invalidity of the 2014 Crimean referendum. Eleven nations voted against the resolution, while 58 abstained, and a further 24 states were absent when the vote took place.
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Also, the Constitution does not interfere with rights that vested before it came into force. The rule that the Constitution does not apply retrospectively affects challenges to violations of human rights that occurred before the commencement of the Constitution. Put another way, the rule means that a litigant can only seek constitutional relief for a violation of human rights by conduct that occurred after commencement. As we have seen, the implication of the doctrine of objective constitutional invalidity is that on the date of the Constitution's commencement, laws that are inconsistent with the Constitution cease to have legal effect.
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Frequently Asked Questions: Bill C-3 and Special Advocates On February 23, 2007, the Supreme Court of Canada ruled in Charkaoui that the security certificate provisions in the Immigration and Refugee Protection Act were unconstitutional because the process violated the rights of persons named in a certificate to a fair hearing. The Supreme Court of Canada suspended the declaration of invalidity for one year to give Parliament time to amend the security certificate legislation. The Government responded to Charkaoui with Bill C-3. This legislation adds a special advocate regime to security certificate and related proceedings under the Immigration and Refugee Protection Act.
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Of course, Cheek was > free in this very case to present his claims of invalidity and have them > adjudicated, but, like defendants in criminal cases in other contexts who > "willfully" refuse to comply with the duties placed upon them by the law, he > must take the risk of being wrong.Cheek, 498 U.S. 192, at 206. After a remand by the Supreme Court, Mr. Cheek was ultimately convicted, and the conviction was upheld on appeal. The Supreme Court refused to hear Mr. Cheek's petition for review of his conviction after the remand, and he was sent to prison.
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At the time of his removal, Kennedy had been a priest for over 40 years, 28 of which were spent at St Mary's. He had frequently come into conflict with church authorities. On 22 August 2008, Archbishop John Bathersby wrote to Kennedy to request that he address certain contentious practices in his parish. The issues, which were listed under the headings of "faith", "liturgy", "governance" and "authority", included questions of whether Kennedy encouraged belief in Jesus Christ and the Holy Trinity as well as objections to the potential invalidity of the Masses and baptisms Kennedy celebrated.
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The letter was circulated widely in Boston at the time, and it continues to be studied for its reasoned attack on the witchcraft trials in Salem. The "highly literate" and "satirical tone" of the letter was seen as writing beyond its time, leading Perry Miller to call it a "milestone in American literature." Brattle denounced the persecution of suspected witches, and his letter revealed a "chink in the armor" of Puritan ideology. Brattle presents a compelling argument against the legal premises and procedures involved in the afflictions, accusations, and executions, with a particular focus on the invalidity of spectral evidence in proceedings.
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A "validity search" is a prior art search done after a patent issues. The purpose of a validity (or invalidity) search is to find prior art that the patent examiner overlooked so that a patent can be declared invalid. This might be done by an entity infringing, or potentially infringing, the patent, or it might be done by a patent owner or other entity that has a financial stake in a patent to confirm the validity of a patent. Crowdsourcing, where a large number of interested people search for prior art, may be effective where references would otherwise be difficult to find.
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Solem discovered a strange polarization of the hydrogen atom that, contrary to intuition, drove electron orbits perpendicular to an applied electric field (1987). He elucidated the interpretation of geometric phase in quantum mechanics by showing the invalidity of superposition of quantal states, the distinction between rays and vectors in projective Hilbert space, and the meaning of resultant singularities (1993b). Using the symmetry of the Kepler Orbital Problem in operator formalism for both classical and quantum mechanics, Solem predicted a previously unknown elastic scattering process that will rotate the linear polarization of the scattered photon by ½\pi (1997a).
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Bright returned to the National Archives where he found a file on Unity sealed under the 100-year rule. He received special permission to open it and discovered that in October 1941, while living at the family home in Swinbrook, she had been consorting with a married RAF test pilot – throwing doubt on her reported invalidity. Bright then abandoned the investigation, until he mentioned the story to an executive from Channel 4 who thought it was a good subject for a documentary film. Further investigation was then undertaken as part of the filming for Hitler's British Girl.
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The pope only recognised the marriage in 1791, after the Vatican obtained theological and expert opinions as to the invalidity of Franziska's first marriage. This eventually also led to formal recognition of Franziska by Louis Eugene, Charles Eugene's middle brother, who was himself in a morganatic marriage. In this manner Franziska became "Herrin von Württemberg". Grave memorial with portrait bust, 1906 Franziska acquired a reputation in Württemberg as a kind and caring woman due to her charity work, donations and moderating influence on the Duke (initially unpredictable and pompous, she guided him into at the role of a caring father of his country).
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The numbers for a total of twelve categories of (partly) invalid ballot papers have been published at last (for the Federal Parliament elections in 2005). However, it only concerns combinations of the three basic categories “empty or crossed out”, “multiple crosses” and “other causes”, divided into first and second votes. Thus one can hardly deduce the reason for the invalidity; whether it was a matter of purpose, mistake or just ignorance of the voting right. For combinations of invalid and valid votes on a ballot paper, the belonging elected (major) parties have been deciphered as well.
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Each worker agreed to contribute a halfpenny per week, and in 1909 this was increased to a penny per week. By June 1911 the society was well regarded nationally. A delegation which included Sir Arthur Markham Bt. and T. Richards MPprobably Thomas Richards concluded that "the Tredegar Workmen's Medical Aid and Sick Relief Fund was far in advance and more beneficial in respect to its members than any of the other societies." The visit had been organised because of the 1911 Invalidity Bill, which increased the rights of workers in the event of them being unable to work.
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Holotype skeleton of Opisthocoelicaudia At the same time as Wilson & Upchurch redescribing the species of Titanosaurus, Saldago (2003) looked over the potential invalidity of the family Titanosauridae and redefined the internal clades of Titanosauria. Titanosauria was defined as more inclusive than Titanosauroidea, contrasting with earlier used by Upchurch (1995) and Sanz et al. (1999), as all taxa in Somphospondyli closer to Saltasaurus than Euhelopus. In order to create additional stability, Saldago also defined Andesauroidea for only Andesaurus, as every titanosaur closer to that genus than Saltasaurus, and also it's opposite Titanosauroidea as every titanosaur closer to Saltasaurus than Andesaurus.
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At the same time, he stated: Hume made these statements in relation to Graham Leonard, formerly a bishop of the Church of England, who became a Roman Catholic after retirement and, in 1994, was ordained a priest by Hume. This ordination was conditional due to "prudent doubt" about the invalidity of his ordination in the Church of England. Rome agreed with Hume's assessment that there was uncertainty in Leonard's case. He was later appointed a Chaplain of His Holiness and then a Prelate of Honour (both of which carry the title Monsignor) by Pope John Paul II on 3 August 2000.
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Physicists use the scientific method to test the validity of a physical theory. By using a methodical approach to compare the implications of a theory with the conclusions drawn from its related experiments and observations, physicists are better able to test the validity of a theory in a logical, unbiased, and repeatable way. To that end, experiments are performed and observations are made in order to determine the validity or invalidity of the theory. A scientific law is a concise verbal or mathematical statement of a relation that expresses a fundamental principle of some theory, such as Newton's law of universal gravitation.
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The social welfare system comprises many benefits, namely maternity, illness, work- related accidents, pension, disability, basic minimum income, child and family benefits, survivors' insurance, early retirement, and long-term care insurance. The broad entitlement programs of Luxembourg's citizens are managed by the state. The pension scheme has multiple types of users: children (orphans), the disabled, surviving partners, and insured elderly. Since 2009, the National Insurance Fund has taken over activities of four pension funds from the general social welfare system scheme: the Old-age and Invalidity Retirement Fund, Retirement Fund for Skilled Workers, Retirement for Private Employees, and the Agricultural Retirement Fund.
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Section 109 of the Constitution of Australia provides that: Section 109, together with section 5 of the Commonwealth of Australia Constitution Act 1900 (which is not part of the Australian Constitution) have been considered to be the foundation for the existence of the judicial review power in Australia. The section provides: "Invalidity of a State law" does not mean that the State law is invalid in the postitivist sense that the State Parliament lacks power to pass it. The State law, though enacted with full procedural validity, merely ceases to have operative force. Hence, in order for s.
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The early Anabaptists believed that their reformation must purify not only theology but also the actual lives of Christians, especially their political and social relationships.Gonzalez, A History of Christian Thought, 88. Therefore, the church should not be supported by the state, neither by tithes and taxes, nor by the use of the sword; Christianity was a matter of individual conviction, which could not be forced on anyone, but rather required a personal decision for it. Protestant ecclesial leaders such as Hubmaier and Hofmann preached the invalidity of infant baptism, advocating baptism as following conversion ("believer's baptism") instead.
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After thanking counsel for their assistance, Nkabinde J made the following order: # "The application for leave to appeal against the declarations of invalidity and the order and judgment of the High Court confirming the conviction of Mr Masiya of rape is granted. # "The application for leave to appeal against the conviction on the merits is dismissed. # "The order of the High Court is set aside in its entirety. # "The order of the regional court referring the criminal proceedings to the High Court for purposes of sentence in terms of s 52(1)(b)(i) of the Criminal Law Amendment Act 105 of 1997, is set aside.
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As such, the cession of Taiwan in the 1895 Treaty of Shimonoseki actually never took place in a de jure fashion. The PRC, as the successor to the Qing and ROC in that order, therefore inherited the sovereignty of Taiwan. # The return of the sovereignty of Taiwan to the ROC was confirmed on 25 October 1945, on the basis of the Cairo Declaration, Potsdam Proclamation, Japanese Instrument of Surrender, and the invalidity of the Treaty of Shimonoseki. According to United Nations General Assembly Resolution 2758, the PRC became the successor government to the ROC in representing China, and as such the PRC unquestionably holds the sovereignty of Taiwan.
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An issue which had a direct impact on the election was the working of the National Insurance Act of 1911, which came into effect in 1913.John Carrier & Ian Kendall Health and the National Health Service: Conflict and Change in Britain a New Audit, Continuum International Publishing Group, 1998, p88 This legislation was a key component of the social reforms introduced by the Liberal government after 1908 which also included the first Old Age Pensions. The Act covered sickness, invalidity and unemployment benefits and brought real improvement in getting access to a doctor for poorer patients.Ann Digby The Evolution of British Private Practice, 1850–1948, OUP, 1999 p.
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The fifth titulus in the Dialogi contra Iudaeos dealt specifically with polemics against Islam, and out of all twelve tituli, the fifth titulus was the only one that mentioned anything of Islam. Tolan argued that the fifth titulus was shorter and less developed than the other anti-Judaic tituli because he was just trying to convince a Jew of the invalidity of Islam; so there was no need to fully develop this titulus. Blackman argues differently about the fifth titulus, that it was written to associate Judaism with Islam. The fact that Petrus associated Moses with defending the Islamic faith makes this an argument against Judaism.
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Petrus does not directly say that this is his reason, but the Dialogi was written for Christians to read, not Jews. This document was one of the most important polemics written for Christians’ perception of Judaism. The Dialogi portrayed Judaism as defending Islam, so if Petrus could show Islam as invalid, then he could, through association, expose the invalidity of Judaism. Although Blackman believes that Petrus was motivated in part to write the Dialogi to help explain to Christians why Islam is false, if he really wanted to articulate a complete argument against Islam, he could have written a separate work that was against a Muslim and not a Jew.
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The Pay Board was abolished, while the Price Commission was provided with greater powers to control and delay price increases. In addition, the Housing Rents and Subsidies Act 1975 gave power over rents back to local authorities.New Labour, Old Labour: The Wilson and Callaghan Governments, 1974–79 edited by Anthony Seldon and Kevin Hickson To help those with disabilities, the government introduced an Invalid Care Allowance, a Mobility Allowance, a Non-Contributory Invalidity Pension for those unable to contribute through national insurance, and other measures. To combat child poverty, legislation to create a universal Child Benefit was passed in 1975 (a reform later implemented by the Callaghan government).
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His years in Istanbul were marked by the polemic debate in the Orthodox community about whether converts the Roman Catholic and Armenian Apostolic Churches needed to be re-baptised. These communities were particularly numerous after the Ottoman–Venetian War wherein the Ottoman Empire reconquered the Venetian-ruled Peloponnese. The supporters of the invalidity of Catholic and Armenian baptisms, and consequently of the need to re-baptize, were Patriarch Cyril V supported by some scholars such as Eugenios Voulgaris and Eustratios Argenti, and a large portion of the populace, instigated by the demagogic monk Auxentios. The opposition to re-baptism was formed by the larger part of the Metropolitans led by Callinicus.
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Anacker (2005: p. 34), in introducing his English rendering of the "Method for Argumentation (Vāda-vidhi)" of Vasubandhu (fl. 4th century)—a text composed in Sanskrit which is now only extant in a reconstructed composite extracted from Tibetan works, collated by Frauwallner (1957)—holds that: > Vasubandhu's criteria for a valid inference-schema are concise and precise, > and there is nothing essential omitted. Dignāga's 'wheel of justifications' > (hetu-cakra), sometimes held to be the first complete Indian formulation of > what constitutes the validity and invalidity of an argument, is in fact > nothing of the kind: it is a pedagogic device mapping out in detail what > Vasubandhu's criteria already presuppose.
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The court decided that the requirement of strict discipline would not necessarily be undermined by permitting Defence Force members to join a trade union, as the structure and scope of such a union might differ, given the military environment. A blanket prohibition on trade-union activity was therefore unjustifiable. The court decided that the order of invalidity in respect of trade-union membership would only come into force three months from the date of judgement. The court added as a proviso that, if the delayed order would cause either party substantial prejudice, such party might approach the Constitutional Court for a variation of the order.
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Dawood v Minister of Home Affairs is an important case in South African law, particularly in the areas of constitutional litigation, constitutional law and immigration law. The applicants were South African citizens and their spouses, who were neither citizens nor permanent residents of South Africa. The case examined the constitutional right of spouses to cohabit and the need for Parliament, when granting government officials powers that touch on constitutional rights, to lay down proper guidelines. The case concerned an application to the Constitutional Court for confirmation of an order of constitutional invalidity, but the government had withdrawn its opposition to the order of confirmation.
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Her parents were married at Rome, and afterwards at St George's, Hanover Square. Upon the death of their father, Augusta's brother Augustus d’Este claimed the dukedom; but the House of Lords decided against the claim, on the grounds of the invalidity of the prince’s marriage, it having been contracted without the consent of the Crown, as required by the Royal Marriages Act 1772 In 1845, when she was 44 years old and he was 63, she married as his second wife Sir Thomas Wilde, later 1st Baron Truro (7 July 1782 – 11 November 1858). They had no children together, although Lord Truro had three surviving children by his first marriage.
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Medical researchers who actively study addiction have criticized the DSM classification of addiction for being flawed and involving arbitrary diagnostic criteria. Writing in 2013, the director of the United States National Institute of Mental Health discussed the invalidity of the DSM-5's classification of mental disorders: > While DSM has been described as a "Bible" for the field, it is, at best, a > dictionary, creating a set of labels and defining each. The strength of each > of the editions of DSM has been "reliability" – each edition has ensured > that clinicians use the same terms in the same ways. The weakness is its > lack of validity.
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Linares began her career as an archaeologist mainly focused on studying lower Central America, in particular Panama. In part, her research was an effort to bring to light the validity or invalidity of popular assumptions that this region served solely as a corridor between Mesoamerica and South America. She deduced that historically, there were populations that lived, hunted and farmed in these regions, and that it was not merely a pathway connecting Central America to South America.Linares 1979: 21-22 One of Linares' earliest ventures was exploring occupation sequences in the Gulf of Chiriqui in central Panama from AD 300 to the 'Classic' Chiriquí Province culture.
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In May 1539 he argued in parliament in defence of the Six Articles, and in conjunction with others drew up the bill founded upon them. He was on the commission appointed in the spring of 1540 to examine the doctrines and ceremonies retained in the church, and on that which had to determine on the invalidity of the king's marriage with Anne of Cleves. From about 1540 he was patron to the struggling Roger Ascham. His support was not very generous, and was accompanied by criticism, but tided Ascham over for a few years at the beginning of his career as humanist and writer.
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Churchill envió una fragata para repeler la "invasión" de las Malvinas por dos soldados Argentinos en 1953. A British detachment remained three months on the island while the frigate patrolled its waters until April. On May 4, 1955, the United Kingdom filed two lawsuits, against Argentina and Chile respectively, before the International Court of Justice to declare the invalidity of the claims of the sovereignty of the two countries over Antarctic and sub- Antarctic areas. On July 15, 1955, the Chilean Government rejected the jurisdiction of the Court in that case, and on August 1, the Argentine Government also did so, so on March 16, 1956, the claims were filed.
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Douglas Tottle is mostly known for his controversial book Fraud, Famine, and Fascism: the Ukrainian Genocide Myth from Hitler to Harvard in which he argues that claims that Holodomor was an intentional genocide are "fraudulent" and "a creation of Nazi propagandists". Tottle argues that the major cause of the famine was the weather conditions, drought especially and suggests that greater blame can actually be placed on kulaks sabotage and hoarding of grain. In addition, Tottle puts significant emphasis into claiming the invalidity of existing photographic evidence. Tottle writes that he is more interested in the "Nazi and fascist connections" and the "coverups of wartime collaboration" (p. 3).
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Middle-class Chicago women discuss spiritualism (1906) During the Enlightenment, intellectual sympathy for astrology fell away, leaving only a popular following supported by cheap almanacs. One English almanac compiler, Richard Saunders, followed the spirit of the age by printing a derisive Discourse on the Invalidity of Astrology, while in France Pierre Bayle's Dictionnaire of 1697 stated that the subject was puerile. The Anglo-Irish satirist Jonathan Swift ridiculed the Whig political astrologer John Partridge. Astrology saw a popular revival starting in the 19th century, as part of a general revival of spiritualism and—later, New Age philosophy, and through the influence of mass media such as newspaper horoscopes.
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In 1707, desiring more leisure for study, he resigned the rectory of St Botolph, Aldgate, and obtained the less remunerative rectory of St Mary Aldermary, London. During this period he published numerous sermons, and his pen was actively engaged in support of his party. He zealously opposed the doctrine of the invalidity of lay baptism, and his answer to Henry Sacheverell's sermon preached before the lord mayor on 5 November 1709 raised a storm of indignation. In 1710 he was severely censured for not joining in the congratulatory address of the London clergy to the queen, which was drawn up on the accession of the tories to office after Sacheverell's trial.
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Some hold the view that informal logic is not a branch or subdiscipline of logic, or even the view that there cannot be such a thing as informal logic.Massey, 1981Woods, 1980Woods, 2000 Massey criticizes informal logic on the grounds that it has no theory underpinning it. Informal logic, he says, requires detailed classification schemes to organize it, which in other disciplines is provided by the underlying theory. He maintains that there is no method of establishing the invalidity of an argument aside from the formal method, and that the study of fallacies may be of more interest to other disciplines, like psychology, than to philosophy and logic.
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Once a case is finally decided, any issues decided in the previous case may be binding against the party who lost the issue in later cases, even in cases involving other parties. For example, if a first case decides that a party was negligent, then other plaintiffs may rely on that earlier determination in later cases, and need not reprove the issue of negligence. For another example, if a patent is shown to be invalid in a case against one accused infringer, that same patent is invalid against all other accused infringers—invalidity need not be reproven. Again, limits and exceptions on this principle exist.
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Coke on Littleton § 360, for example, gives a restraint accompanying the sale of a horse as an illustration of the invalidity of a post–sale restraint. New York patent attorney (later Federal Circuit judge) Giles Rich commented that "the patent law 'went on a spree from 1896 to 1917.' "Giles Rich, The Relation Between Patent Practices and the Anti-Monopoly Laws, 24 85, 88 (1942). Professor Chiapetta compares the majority's and Holmes's dissent's respective analyses of the inherency doctrine and concludes that Holmes's analysis ignores the issue of whether the benefits of increased usage of the patented invention under a restrictive license exceed the harms resulting from the restriction.
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There is particular emphasis on the recurring role of religion in all societies and throughout recorded history. The sociology of religion is distinguished from the philosophy of religion in that it does not set out to assess the validity of religious beliefs, though the process of comparing multiple conflicting dogmas may require what Peter L. Berger has described as inherent "methodological atheism".Berger, Peter L. The Sacred Canopy: Elements of a Sociological Theory of Religion (1967). Anchor Books 1990 paperback: Whereas the sociology of religion broadly differs from theology in assuming the invalidity of the supernatural, theorists tend to acknowledge socio-cultural reification of religious practise.
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The Confederation spends around one quarter of the federal budget on social welfare. In the 2000s this amounted to between CHF 13 and 14 billion. The FSIO is charged with ensuring the reliability of this social insurance system within its areas of responsibility: old age and survivors’ insurance (AHV), invalidity insurance (IV), supplementary benefits, occupational pension funds, compensation for loss of earnings for people on national service and women on maternity leave, and family allowances in the agricultural sector. As of 2008, the FSIO is led by Director Yves Rossier. It has a staff of 243, annual revenues of CHF 475 million and annual expenditures of CHF 11,921 million.
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However, in order to avoid some citizens taking advantage of government services "begging and laziness were not tolerated" and "those who received government benefits were expected to be contributing members in the community". Further reforms later took place under the Umayyad Caliphate. Registered soldiers who were disabled in service received an invalidity pension, while similar provisions were made for the disabled and poor in general. Caliph Al-Walid I assigned payments and services to the needy, which included money for the poor, guides for the blind and servants for the crippled and pensions for all disabled people so that they would never need to beg.
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Humphrey (1994), a convicted criminal defendant cannot bring a § 1983 action that would "necessarily imply the invalidity of his conviction or sentence" unless the defendant can prove that his "conviction or sentence has already been invalidated." In this decision, the Supreme Court found that civil tort actions are "not appropriate vehicles for challenging the validity of outstanding criminal judgments." As such, the majority opinion in the appeal overturned the lower court's ruling because it found that Harvey had substantively failed to make a claim under § 1983. Judge Wilkinson wrote that Harvey had attempted to circumvent habeas corpus requirements, which required exhaustion of remedies at the state level before moving to the federal level.
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Lord Slynn of Hadley reasoned that "there may be decisions in which it would be desirable, and in no way unjust, that the effect of judicial rulings should be prospective or limited to certain claimants." Under the South African constitutional order, noted Nkabinde J, the remedy of prospective overruling of a law that is inconsistent with the Constitution is permitted by the terms of section 172(1) (b) of the Constitution. In the present case she was not dealing with the court's remedial powers under section 172, as no order of constitutional invalidity had been made. The question was whether, when developing the common law, it was possible to do so prospectively only.
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In 2006, the Minister of Foreign Affairs, then Peter MacKay, again denied Khadr's application, this time invoking section 10.1 of the amended Canadian Passport Order. Section 10.1 was later challenged in Federal Court by Fateh Kamel, whose passport had also been refused for national security reasons. On 13 March 2008, the Federal Court declared section 10.1 of the Canadian Passport Order to be unconstitutional and therefore invalid, though the court suspended its declaration of invalidity for six months in order to allow the government time to amend the order. The federal government launched an appeal at the Federal Court of Appeal and a ruling handed down on 29 January 2009 overturned the lower court decision.
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Bismarck built on a tradition of welfare programs in Prussia and Saxony that began as early as in the 1840s. In the 1880s he introduced old-age pensions, accident insurance, medical care and unemployment insurance that formed the basis of the modern European welfare state. He came to realize that this sort of policy was very appealing, since it bound workers to the state, and also fit in very well with his authoritarian nature. The social security systems installed by Bismarck (health care in 1883, accident insurance in 1884, invalidity and old-age insurance in 1889) at the time were the largest in the world and, to a degree, still exist in Germany today.
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On appeal, the U.S. Supreme Court found the New Jersey Waste Control Act unconstitutional because it violated the Dormant Commerce Clause and reversed the New Jersey Supreme Court's decision. In writing for the majority, Justice Stewart concluded that > whatever New Jersey's ultimate purpose, it may not be accomplished by > discriminating against articles of commerce coming from outside the State > unless there is some reason, apart from their origin, to treat them > differently. Furthermore, the court held that legitimate local interests which had incidental interstate effects were within the state's general police powers, but "where simple economic protectionism is effected by state legislation, a virtually per se rule of invalidity has been erected"..
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The judge decides questions of law, while the judge and assessors decide questions of fact by a majority vote. Certain offences (murder, rape, treason, culpable homicide, crimes against humanity and war crimes) may only be tried in the ordinary civilian courts. Appeals from the military courts are to the Court of Military Appeals, which consists of a civilian judge or magistrate (or in some cases three civilian judges), a legally trained military officer, and another officer with command experience. Rulings on this court may be taken on review to the civilian High Court (and subsequently to the Supreme Court of Appeal and Constitutional Court) only on the grounds of procedural unfairness or constitutional invalidity.
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Proposition 218 contains a special additional requirement in the event a court determines the assessment ballot process violates federal law. If any such violation were to occur, an assessment may not be levied under Proposition 218 unless approved by a two-thirds vote of the electorate in the assessment district. The practical effect of the federal law invalidity provision is that if the assessment ballot process were invalidated under federal law, the approval requirements for assessments under Proposition 218 would become even more restrictive than if either no legal challenge under federal law had occurred or if any such legal challenge were unsuccessful. This provides a strong disincentive to legally challenge the assessment ballot process under Proposition 218.
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On March 4, 2016, the Alabama Supreme Court issued an order dismissing a case brought forward by the Alabama Policy Institute, the Alabama Citizens Action Program and the Elmore County Probate Judge,Alabama Supreme Court, order, March 4, 2016. although in terms that left it unclear whether the court was acknowledging Obergefell as the law. The intended effect of the opinion was unclear: although it appears to acknowledge the invalidity of Alabama judicial decisions post-Obergefell that attempted to challenge that decision, it does not expressly acknowledge Obergefell as the law and instead argues that Obergefell is invalid.Randall C. Marshall, quoted in Kent Faulk, "Alabama Supreme Court dismisses petitions opposing gay marriage", AL.com, March 4, 2016.
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Title insurance is a form of indemnity insurance predominantly found in the United States and Canada which insures against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage loans. Unlike some land registration systems in countries outside the United States, US states' recorders of deeds generally do not guarantee indefeasible title to those recorded titles. Title insurance will defend against a lawsuit attacking the title or reimburse the insured for the actual monetary loss incurred up to the dollar amount of insurance provided by the policy. The first title insurance company, the Law Property Assurance and Trust Society, was formed in Pennsylvania in 1853.
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Seven referendums were held in Switzerland during 1995.Nohlen, D & Stöver, P (2010) Elections in Europe: A data handbook, pp1937–1938 The first four were held on 12 March on a federal resolution on the popular initiative "for an environmentally sound and efficient peasant farming" (rejected), on a resolution on dairy farming (rejected), an amendment to the farming law (rejected) and a federal resolution on spending (approved).Nohlen & Stöver, p1937 The last three were held on 25 June on an amendment to the federal law on aged and bereaved insurance (approved), a popular initiative to extend aged and bereaved and invalidity insurance (rejected) and an amendment to the federal law on purchasing land through agents abroad (rejected).
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An example would be a civil court trying a criminal charge. # Mistakes as to the existence of a jurisdictional fact or other requirement when the relevant Act treats that fact or requirement as something which must exist objectively as a condition precedent to the validity of the challenged decision. # Disregarding relevant considerations or paying regard to irrelevant considerations, if the proper construction of the relevant Act is that such errors result in invalidity. # Errors of law, although where the decision-maker is an inferior court or other legally qualified adjudicative body, the error will probably have to be such that it amounts to a misconception of the nature of the function being performed or of the body's powers.
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Commercial and industrial monopolies, combines and trusts. :22. Trade unions; industrial and labour disputes. :23. Social security and social insurance; employment and unemployment. :24. Welfare of labour including conditions of work, provident funds, employers' liability, workmen's compensation, invalidity and old age pensions and maternity benefits. :25. Education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I; vocational and technical training of labour. :26. Legal, medical and other professions. :27. Relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the Dominions of India and Pakistan. :28. Charities and charitable institutions, charitable and religious endowments and religious institutions. :29.
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While a conveyance may be valid irrespective of the causa, the reasons for the causa's invalidity under the law of obligations, succession, etc. may also extend to invalidate the intent to transfer as a vitium reale or labes reales (ie: a 'real vice') in property law.T. B. Smith, 'Error and transfer of title' (1967) The journal of the Law Society of Scotland. A contract may fail for numerous reasons, eg: it may not be formally valid, the parties may lack capacity or some other mental defect affecting capacity generally or there may be no consensus in idem (ie: a meeting of the minds in which the parties agree on the essential elements of the contract).
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Oppenheim has been esteemed as figure of “feminist identification” for the women's movement and a role model for younger generations due to her “socio-critical and emancipatory attitude.” In 1975 Oppenheim gave a speech at “the presentation of Basler Kuntpreis” and directly asked women “to demonstrate to society by the invalidity of taboos by adopting unconventional ways of life” and utilize their intellect as a creative strength without fear. Oppenheim, who died in 1985, at 72, kept careful notes about which patrons and colleagues she liked and where her works ended up. She dictated which of her writings should be published and when, and there are puzzling gaps, since she destroyed some material.
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He, as well as others studies before and after Ruiz-Omeñaca's proposal, considered H. wielandi a dubious basal ornithopod, with H. foxii the only species in the genus. Galton elaborated on the invalidity of the species in 2009, noting that the two supposed diagnostic characters were variable in both H. foxii and Orodromeus makelai, making the species dubious. He speculated that it may belong to Zephyrosaurus, from a similar time and place, as no femur was known from that taxon. Fossilized skeleton of Valdosaurus from Great Britain; probable remains of this taxon were previously assigned to Hypsilophodon Fossils from other locations, especially from the mainland of southern Great Britain, Portugal and Spain, have once been referred to Hypsilophodon.
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After less than a year as head of government, he resigned, and was succeeded by the veteran Giolitti on 16 June 1920. In social policy, Nitti’s government passed a law setting up compulsory insurance for unemployment, invalidity, and old age.Democracy and Social Policy by Yusuf Bangura Still a member of the Italian parliament, Nitti offered resistance to the nascent power of fascism, and openly despised Benito Mussolini. In his 1927 book entitled Bolshevism, Fascism and Democracy, he correlated Italian Fascism with communism, writing: “There is little difference between the two, and in certain respects, Fascism and Bolshevism are the same.” In 1924 Nitti decided to emigrate, but after the Second World War he returned to Italy.
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He also argued that federal judges' oaths of office—in which they swear to discharge their duties impartially and "agreeably to the Constitution and laws of the United States"—requires them to support the Constitution. Lastly, Marshall argued that judicial review is implied in Article VI of the U.S. Constitution, since it declares the supreme law of the United States to be not the Constitution and the laws of the United States in general, but rather the Constitution and laws made "in Pursuance thereof". Having given his list of reasons, Marshall concluded the Court's opinion by reaffirming the Court's ruling of the jurisdiction law's invalidity and, therefore, the Court's inability to issue Marbury's writ of mandamus.
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Secondly, strictly economic indicators do not count the value of non-monetary activity, such as homemaker and volunteer work and non-cash public assistance, which are decidedly positive for the quality of life of many families (Journal article by David Swain, Danielle Hollar; International Journal of Public Administration, Vol. 26, 2003). A communities level approach to this apparent invalidity is based on the evidence of a social group whose members reside in a specific locality, share government, and often have a common culture and history. Community indicators are not a new concept; they have been in use since 1910, when the Russell Sage Foundation initiated the development of local surveys for measuring industrial, educational, recreational, and other factors.
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The Supreme Court of Canada ruling in Carter v. Canada (Attorney General) states that the law banning assisted suicide of terminally-ill patients (based on the Rodriguez v British Columbia (Attorney General) decision) was unconstitutional, and violated Section 7 of the Canadian Charter of Rights and Freedoms. The Supreme Court issued a 12-month suspended declaration of invalidity. As a result of the decision voluntary euthanasia was expected to be made legal for "a competent adult person who (1) clearly consents to the termination of life and (2) has a grievous and irremediable medical condition (including an illness, disease or disability) that causes enduring suffering that is intolerable to the individual in the circumstances of his or her condition".
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While a conveyance may be valid irrespective of the causa, the reasons for the causa's invalidity under the law of obligations, succession, etc. may also extend to invalidate the intent to transfer as a vitium reale or labes reales (ie: a 'real vice') in property law.T. B. Smith, 'Error and transfer of title' (1967) The journal of the Law Society of Scotland. A contract may fail for numerous reasons, eg: it may not be formally valid, the parties may lack capacity or some other mental defect affecting capacity generally or there may be no consensus in idem (ie: a meeting of the minds in which the parties agree on the essential elements of the contract).
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As dean of Windsor he assisted at the christening of Edward VI and the funeral of Lady Jane Dudley, and his signature is affixed to the decree declaring the invalidity of the marriage of Henry VIII with Anne of Cleves. On 14 January 1545 he surrendered to the crown his hospital of Kepyer and most of his benefices, and he also alienated the revenues of his deanery, some temporarily, others in perpetuity. The complaints against him on this score were so loud that after the accession of Edward VI he was compelled to resign. He retired to Chalfont St. Giles, where he died in January 1556, and was buried in the church.
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In order to meet the cost of the new Swedish Army organization the Riksdag of 1902 increased the revenue by progressive taxation, but only for one year. Bills for the improvement of the social conditions of the people and in the interests of the working classes were also passed. During the five years 1884–1889 a committee was occupied with the question of workmen's insurance, and thrice the government made proposals for its settlement, on the last occasion adopting the principle of invalidity as a common basis for insurance against accidents, illness or old age. The Riksdag, however, delayed coming to a decision, and contented itself by earmarking money for an insurance fund.
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In United States v. United States Gypsum Co., the Supreme Court recognized that Bell Telephone held that the United States was "without standing to bring a suit in equity to cancel a patent on the ground of invalidity," but went on to declare that, to vindicate the public interest in enjoining violations of the Sherman Act, the United States is entitled to attack the validity of patents relied upon to justify anticompetitive conduct otherwise violative of the law.United States Gypsum Co., 333 U.S. at 387. Specifically, if a patentee defended price-fixing on the ground that it was permissible under the 1926 General Electric case, the government could overcome that defense by showing the patent was invalid.
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Such non-compliance "cannot raise an automatic presumption that the application is to be refused without any prior possibility of amendment (...)." G 1/05, Reasons 3.4. The Board further held that Article 76(1), second sentence, EPC had a double purpose: # preventing applicants from putting into a divisional application new matter which could be objectionable under national security considerations, and # setting up the substantive requirement for the patentability of divisional applications that they may not contain added matter in relation to their parent application,G 1/05, Reasons 2.7. and that none of these purposes justified the invalidity of a divisional application on the grounds that it would, on filing, extend beyond the content of the earlier application.
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Following the invalidity of the mayor's election, won by the joint candidate Andrei Năstase, the PAS, DA Platform Party, and LDPM announced the creation of the National Resistance Movement "Now".was created the National Resistance Movement for The "Plahotniuc regime". Plahotniuc is a subtle threat DW, 27.06.2018 On 16 December 2018 the PAS and the DA Platform, Maia Sandu and Andrei Năstase, signed the agreement establishing ACUM for the parliamentary elections of 24 February 2019, and on 21 December the bloc The electoral Committee was registered by the Central Electoral Commission of the Republic of MoldovaVideo: Electoral bloc now the DA and PAS platform was constituted; "We unites the desire to put RM on the norm of normality" jurnal.
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The majority decision that the provisions conferring judicial power to enforce awards were invalid, raised the issue as to whether the invalidity extended to the provisions that allowed the award to be made. That is whether the invalid conferral of judicial power could be severed from the valid conferral of powers of arbitration. Isaacs, Higgins, Powers and Rich JJ held that these portions of the could be severed and that the rest of the Act was valid. Barton J dissented on the basis that the intention of parliament was that the two spheres of power "should coexist in the same tribunal as parts of one whole", such that the Act was wholly beyond the powers of the Parliament and that award was invalid and not enforceable.
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The judge stated that the act of providing Harvey access to evidence did not alone necessarily imply the invalidity of Harvey's conviction. King agrees with Harvey's attorney, Peter J. Neufeld, that the evidence could indeed inculpate Harvey and thus that § 1983 was a proper vehicle for bringing the action. However, King determined that since the material had been available to him at trial and since he had not been denied access to the legal system or evidence known to be exculpatory, Harvey did not have a legal claim to discover evidence under Brady v. Maryland. He stated that Harvey's claim was invalid not because he violated procedure, but because he could not prove that a state actor deprived him of a federally protected right.
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Justice White explained that the Singer-Gegauf agreement to keep prior art from the notice of the Patent Office was itself a criminal action: > In itself, the desire to secure broad claims in a patent may well be > unexceptionable—when purely unilateral action is involved. And the > settlement of an interference in which the only interests at stake are those > of the adversaries, as in the case of a dispute over relative priority only > and where possible invalidity, because of known prior art, is not involved, > may well be consistent with the general policy favoring settlement of > litigation. But the present case involves a less innocuous setting. Singer > and Gegauf agreed to settle an interference at least in part to prevent an > open fight over validity.
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The opposites of these concepts are unsatisfiability and invalidity, that is, a formula is unsatisfiable if none of the interpretations make the formula true, and invalid if some such interpretation makes the formula false. These four concepts are related to each other in a manner exactly analogous to Aristotle's square of opposition. The four concepts can be raised to apply to whole theories: a theory is satisfiable (valid) if one (all) of the interpretations make(s) each of the axioms of the theory true, and a theory is unsatisfiable (invalid) if all (one) of the interpretations make(s) each of the axioms of the theory false. It is also possible to consider only interpretations that make all of the axioms of a second theory true.
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Maine v. Taylor, 477 U.S. 131 (1986), was a case in which the Supreme Court of the United States held that there was an exception to the "virtually per se rule of invalidity" of the dormant commerce clause.. The Supreme Court of the United States found that a Maine law prohibiting the importation of out-of- state bait fish was constitutional because Maine authorities couldn't be certain that imported fish would be free of "parasites and nonnative species" that might pose environmental harm to local ecology. Discriminatory laws may be upheld only if they serve "legitimate local purposes that could not adequately be served by available nondiscriminatory alternatives," wrote Justice Blackmun, author of the majority opinion. In City of Philadelphia v.
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The applicants sought an order declaring the invalidity of certain sections of the Medicines and Related Substances Act which authorised the Director-General of Health to issue licences to dispense medicines to health practitioners, which could result in wide, unlimited and uncircumscribed arbitrary legislative powers. It was submitted that this was a breach of the principle of legality. The challenge raised the question of whether it is permissible for parliament to leave it to the Director-General to prescribe the conditions on which a licence may be issued. It was held that there is nothing preventing Parliament from delegating subordinate regulatory authority to other bodies; nor is there anything that prevents Parliament from conferring upon the Director-General the discretion to determine the conditions.
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In 1995, the Conservative Secretary of State for Social Security, Peter Lilley, abolished Invalidity Benefit for fresh claims and replaced it with Incapacity Benefit after the Prime Minister of the day, John Major, had complained about the burgeoning caseload, saying: "Frankly, it beggars belief that so many more people have suddenly become invalids, especially at a time when the health of the population has improved". A new feature of Incapacity Benefit was that officials could ask for claimants' disabilities to be confirmed using a bespoke testing procedure – the All Work Test – carried out by doctors working for the government. Another feature was that claimants would be assessed on their ability to do any job, not just their old trade. And unlike its predecessor, Incapacity Benefit was taxable.
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From 1909 to 1916 Lindstedt was also a Justice of the Supreme Administrative Court of Sweden. In 1912 Lindstedt constructed a life table for annuitiesCramer H and H Wold (1935), Mortality variations in Sweden: a study in graduation and forecasting, Skandinavisk Aktuarietidskrift, 18: 161–241 using data from Swedish population experience and for each age was able to extrapolate the sequence of annual probability of death, namely the mortality profile. Probably, this work constitutes the earliest projection of age-specific functions.Pitcco, Ermnno, From Halley to Frailty: A Review of Survival Models for Actuarial Calculations, He directed the actuarial work which underpinned the state old age an invalidity pensions in Sweden introduced in 1913 as part of the National Pension Act (see Swedish welfare).
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LGBT multiculturalism is the diversity within the LGBT (lesbian, gay, bisexual, transgender) community as a representation of different sexual orientations, gender identities—as well as different ethnic, language, religious groups within the LGBT community. At the same time as LGBT and multiculturalism relation, we may consider the inclusion of LGBT community into a larger multicultural model, as for example in universities,LGBT Affairs , University of Florida such multicultural model includes the LGBT community together and equal representation with other large minority groups such as African Americans in the United States. The two movements have much in common politically. Both are concerned with tolerance for real differences, diversity, minority status, and the invalidity of value judgments applied to different ways of life.
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Baxter was afterwards reproached for having instigated this act of intolerance; and though he denied that he had done so, he can scarcely have opposed it. After his release Cox went to London, and preached to a congregation of baptists. A 1645 debate between supporters of the invalidity of infant baptism, Hanserd Knollys, William Kiffin and Cox on the one side with the Presbyterian divine Edmund Calamy on the other had to be cancelled when it was rumoured that the Baptists "planned to bring 'swords, clubs and staves' to ensure that their view prevailed." He was one of the managers of a public dispute that was to be held at Aldermanbury on 3December 1645, and, when it was forbidden, joined in writing a declaration on the subject.
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Wood, however in his Athenae Oxonienses, says that he was always a puritan at heart, and it appears that in 1639 he was convened by Joseph Hall, Bishop of Exeter, for preaching that the Church of England did not hold episcopacy to be jure divino, but according to Thomas Brooks made "a handsome retractation". Although a puritan and an enemy to episcopacy, Cox in his earlier days may have upheld the sacramental system as warmly as many other presbyterians did. After the outbreak of the English Civil War in 1642, he ventured to express opinions that he had thought it prudent to conceal up to that time. He later became a minister at Bedford, and openly preached the invalidity of infant baptism.
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The nine judges hearing the case agreed unanimously that same-sex couples were entitled to marry, accordingly declared the common-law definition of marriage to be inconsistent with the Constitution and invalid to the extent that it did not permit same- sex couples to enjoy the status and the benefits coupled with responsibilities it accorded to heterosexual couples. They disagreed as to the remedy. The majority suspended the declaration of invalidity for a period of a year to allow Parliament time to correct the defect. It also declared the omission from section 30(1) of the Marriage Act after the words "or husband" of the words "or spouse" to be inconsistent with the Constitution, and invalid to the extent of the inconsistency.
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" While the Supreme Court's opinion in Bilski v. Kappos, affirming the judgment but limiting the scope of the machine-or-transformation test, largely superseded the Federal Circuit's Bilski opinion as a precedent, nonetheless, much of the substantive content of the Federal Circuit majority opinion is repeated and found in the Supreme Court's Bilski opinion and subsequently in Alice as well. The statistics on invalidations under § 101, show that, as of June 2015, "the 73.1% invalidity rate in the federal courts breaks down into 70.2% (66 of 96) in the district courts and a stunning 92.9% in the Federal Circuit (13 for 14)." At the same time, final rejections of business-method patent claims before the PTO "soared into the 90% range.
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Group creativity and innovation are both considered a function of epistemic motivation. Characteristics that are associated with low levels of epistemic motivation, such as the need for closure, or the fear of invalidity, negatively correlate with individual creativity. Conversely, characteristics that are associated with high epistemic motivation, such as openness to experience, high rather than low need for cognition, and low, rather than high, need for structure and aversion ambiguity, correlate positively with many indicators of creativity. Thus, groups populated by individuals with high openness to experience, high need for cognition, or low ambiguity aversion can be expected to have higher average epistemic motivation and, therefore, to engage in more, rather than less, systematic and deliberate information search and processing, leading to higher creativity and innovation.
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The bull of Pope Leo XIII declared all Anglican orders "absolutely null and utterly void" Prior to Apostolicae curae, decisions had already been given by Rome that Anglican orders were invalid. The practices of the Roman Catholic Church had supposed their invalidity. Whenever former Anglican priests desired to be priests in the Roman Catholic Church they were unconditionally ordained. As the Oxford Movement progressed, several members of the clergy and laity of the Church of England argued that the Roman Catholic Church practice of unconditionally ordaining clerical converts from Anglicanism arose out of a lack of inquiry into the validity of Anglican orders and from mistaken assumptions which, in the light of certain historical investigations, could no longer be asserted.
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In order to determine whether a law violates a so-called "dormant" aspect of the Commerce Clause, the court first asks whether it discriminates on its face against interstate commerce. In this context, "discrimination" simply means differential treatment of in-state and out-of-state economic interests that benefits the former and burdens the latter. Thus, in a dormant Commerce Clause case, a court is initially concerned with whether the law facially discriminates against out-of-state actors or has the effect of favoring in-state economic interests over out-of-state interests. Discriminatory laws motivated by "simple economic protectionism" are subject to a "virtually per se rule of invalidity", City of Philadelphia v. New Jersey 437 U.S. 617 (1978), Dean Milk Co. v.
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In which the Rise, Doctrine and Practice of the Abused Quakers are Truly, Briefly and Fully Declared and Vindicated from the False Charges, Wicked Insinuations and utmost Opposition made by that Adversary. By one of them, and a Sufferer with them in all their Sufferings, William Penn.’ The British Museum copy of this tract is dated 1672, apparently a misprint for 1673. Faldo, still in 1673, answered Penn;‘A Vindication of “Quakerism no Christianity,” &c.;, against the very vain attempts of W. Pen, in his pretended answer: with some remarkable passages out of the Quakers' Church Registry, wherein their near approach to Popery and their bold blasphemy is abundantly manifest’ to which, in 1673 again, Penn replied.‘The Invalidity of John Faldo's Vindication of his Book, &c.
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On 10 October 2013, George Brandis, the federal Attorney-General for Australia, confirmed that the Commonwealth Government would challenge the ACT bill, stating that the Abbott Government had significant constitutional concerns with respect to the ACT bill. The full court of the High Court of Australia heard the Commonwealth Government's challenge to the ACT marriage laws on 3 December, less than one week prior to the legislation going into effect. On 13 November, the Commonwealth submitted to the court its written submission, which contained arguments in support of the supposed constitutional and legal invalidity of the ACT's law, stating that the law is "inconsistent" with the provisions of the Self Government Act 1988 (ACT) and the federal Marriage Act. Case C13/2013 High Court of Australia.
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The issue on appeal was whether a question of federal law was involved in the Minnesota Supreme Court's decision. Justice Sutherland, writing for a unanimous court, held that whether a federal question existed was irrelevant, because where there is an independent question of state law which is adequate to support the state court's judgment, the U.S. Supreme Court has no jurisdiction. The severability of a contractual clause was an issue of state law, and the invalidity of the arbitration clause had already been determined by the U.S. Supreme Court in the Paramount case. The state court's determination of the non-severability of the unlawful clause was thus adequate to render the contract invalid, and was independent of any question of federal law.
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This decree required the contract to be entered into before the parish priest or some other priest delegated by him, and in the presence of two or three witnesses under penalty of invalidity. Even where the Tametsi decree had been promulgated, the Church did not find it possible to insist on the rigour of this legislation in all countries, owing to strong Protestant opposition. However, the legislation was frequently enforced by Catholic parents stipulating in their wills that their children be disinherited if they renounced Catholicism. Pope Benedict XIV issued a declaration (the "Benedictine dispensation") concerning marriages in the Netherlands and Belgium (1741), in which he declared mixed unions to be valid, provided they were according to the civil laws.
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A Markman hearing is a process in which the court translates the complicated words of a patent claim into plain English in order to clarify the facts upon which infringement and invalidity analysis hinge. Since BT had reduced the number of asserted claims in the Sargent patent from seven to five on June 22, 2001, and then from five to four on January 18, 2002, the court conducted the Markman hearing based only on claims 3, 5, 6 and 7 of the Sargent patent. The court ruled that central computer means a central computer fixed in one location in which every available piece of information accessible to users at a remote terminal is stored. Additionally, the meaning of the term blocks of information was clarified.
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This important essay first appeared separately as: id., Goethe and the Idea of Scientific Truth: Inaugural and Goethe Bicentenary Lecture of the Head of the Department of German delivered at the College on 17 November 1949 (Swansea, University College of Swansea, 1949). This process, of Reality's being eviscerated of deeper meaning in the course of being 'explained' by modern science, constitutes the main charge that Heller laid against supporters of what he called the Creed of Ontological Invalidity. The practical result of its implementation is that nothing can exist in and of itself: things' scientific explanation deprives them of their individual being as entities and reduces them to the position of mere links in a much more broadly conceived chain.
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Pommer attempted to argue he had a better claim to the rights because the primary value of the original film came not from the writing, but "in the revolutionary way the picture was produced". However, both Janowitz and Pommer ran into complications related to the invalidity of Nazi law in the United States, and uncertainty over the legal rights of sound and silent films. Janowitz wrote a treatment for a remake, and in January 1945 was offered a minimum guarantee of $16,000 against a five-percent royalty for his rights to the original film for a sequel to be directed by Fritz Lang, but the project never came to fruition. Later, Janowitz planned a sequel called Caligari II, and unsuccessfully attempted to sell the property to a Hollywood producer for $30,000.
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Among those suits was the action at issue here, in which Wood brought suit against Charles Wood and Gilbert Brundage in the Southern District of New York to invalidate their later patent on a similar plow, which had been issued on November 9, 1820. (Because of the Patent Office fire of 1836, the actual patents at issue here are not extant.) The Patent Act of 1793 allowed a suit for invalidity to be brought within three years of the contested patent being issued. The district court issued a rule nisi, ordering Charles Wood and Gilbert Brundage to appear and show cause why their patent should not be invalidated. They did so, but their arguments were not satisfactory to the court, which ordered the patent repealed immediately by a rule absolute.
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The California Supreme Court held that the civil claims were barred to the extent that they alleged that Schrum was not entitled to use any force during the incident, as the use of resistance justified the use of reasonable force in response to his actions. The Court further held, however, that the civil claims were not barred, as to the use of deadly force, as it was not reasonable under the circumstances. The conviction for resisting arrest did not, by itself, provide a justification for the use of deadly force. In holding that success on the claim of excessive deadly force would not necessarily imply the invalidity of his conviction for resisting arrest, the California Supreme Court analyzed the relationship between his acts of resistance and Schrum’s misconduct.
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Exclusive jurisdiction under Article 22(4) applies irrespective of whether a patent proprietor is sued for revocation or whether an alleged infringer asserts invalidity in inter partes proceedings. In 2012, nearly six years after its rulings on cases C-04/03 and C-539/03, the ECJ decided on case C-616/10 (Solvay/Honeywell).Solvay SA v Honeywell Fluorine Products Europe BV, Honeywell Belgium NV, Honeywell Europe NV, (European Ct. of Justice 12 July 2012) The court held that "Article 22(4) of Regulation No 44/2001 must be interpreted as not precluding, in circumstances such as those at issue in the main proceedings, the application of Article 31 of that regulation". Since Article 31 is about provisional measures, a court may issue a cross-border injunction where an action aims for such measures.
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He soon had a dispute with the Elector of Cologne. In conformity with the of Ems, agreed on by the three archbishop-electors and the Archbishop of Salzburg in 1786, the Archbishop of Cologne protested against a matrimonial dispensation given by the nuncio in virtue of his faculties, and went so far as to grant dispensations not contained in his quinquennial faculties, instructing the pastors to have no further recourse to the nuncio for similar dispensations. The nuncio, in accordance with instructions from Rome, directed a circular to all the pastors in his jurisdiction apprising them of the invalidity of such dispensations. The four archbishops thereupon appealed to Emperor Joseph II to entirely abolish the jurisdiction of the nuncios, but the emperor referred the matter to the Diet of Ratisbon, where it was quashed.
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In March 2005, Conergy AG was registered at the Frankfurt Stock Exchange, raising an estimated €243 million in its initial public offering (IPO). Three months later, the company was added to the TecDAX index, in which it remained until March 2011. In October 2007, Conergy entered into a ten-year contract with MEMC Electronic Materials worth US$7 billion for the supply of solar silicon wafers. However, in April 2009, Conergy announced that it would file a lawsuit against the contract after a breakdown in renegotiation talks with MEMC, seeking the "invalidity of the contract by declaratory judgement in New York City". In January 2010, MEMC announced that the lawsuit was settled out-of-court, with new terms for the contract agreed and MEMC receiving an undisclosed payment.
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Section 172(1)(b) of the Constitution conferred a discretion on the Constitutional Court to make any order that is just and equitable. Having found that the common-law definition of rape was not constitutionally invalid, but merely falls short of the spirit, purport and objects of the Bill of Rights, the declaration of invalidity of the definition of rape was therefore set aside, to be replaced with an appropriate order. Having found that the developed definition of rape could not apply to Mr Masiya, it could not be said, on the facts before the court, that his conviction was in accordance with justice: "The conviction of rape should, on the facts, be replaced with a conviction of indecent assault." The order of the High Court therefore could not stand, so the appeal against the conviction of rape was upheld.
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"Reading down" should perhaps be avoided as a description of the practice of interpretation in conformity with the Constitution, as it tends to suggest that the practice always entails reading restrictively. But section 39(2) sometimes requires more than simply narrowing the ambit of legislation so as to avoid conflict with rights. A narrow construction of a legislative provision will often have the result of avoiding an alleged conflict between the provision and the Bill of Rights: for example, when discretionary powers conferred are too wide, or when the scope of regulation is over-inclusive, or to restrict the impact of changes to the criminal law. But, on other occasions, the statute may have to be generously interpreted to avoid the conflict: for example, where the constitutional invalidity lies in the lack of any express grant of discretionary power.
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Again, the declaration of invalidity was suspended for a year to allow Parliament time to correct the defect.Para 162. Justice Kate O'Regan, the lone dissenter in part, thought the statute should be altered immediately. The court's finding was based on section 9 of the Constitution of South Africa, particularly on the right to equal protection and benefit of the law in section 9(1) and the explicit prohibition on discrimination, including on the basis of sexual orientation, in section 9(3). The common law and section 30(1) of the Marriage Act denied same-sex couples equal protection and benefit of the law, in conflict with section 9(1) of the Constitution, and taken together resulted in same-sex couples being subjected to unfair discrimination by the State, in conflict with section 9(3) of the Constitution.
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Hamoud al-Aqla al-Shuebi ( (died late 2001) was a Saudi-born Islamic cleric.Jihadi terrorism, from Iraq to Kuwait, Asia Times, February 24, 2005 He has been seen as a radical elementCook, David. "The Implications of "Martyrdom Operations" for Contemporary Islam", Journal of Religious Ethics Volume 32, March 2004 since at least 1994 when he was quoted by Osama bin Laden in his Open Letter to Bin Baz on the Invalidity of his Fatwa on Peace with the Jews, and several weeks after the Invasion of Afghanistan."Terror for Terror", interview with Taysir Alluni in Afghanistan, October 21, 2001 He supported the 9/11 attacks and issued a Fatwa praising the Taliban shortly after their destruction of the Buddha sculptures in Bamiyan for creating "the only country in the world in which there are no man-made laws".
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The extrinsic grounds were said to be in the fact of the implicit approval of the Holy See given to the constant practice of unconditionally ordaining former Anglican priests who desired to be priests in the Roman Catholic Church and, also, in the explicit declarations of the Holy See as to the invalidity of Anglican orders on every occasion when its decision was given. According to the teaching of the Roman Catholic Church, to attempt to confer orders a second time on the same person would be a sacrilege. Rome, by knowingly allowing the practice of ordaining former Anglican priests, supposed that their orders were invalid. The bull points out that orders received in the Church of England, according to the change introduced into the ritual under King Edward VI, were thought to be invalid by the Roman Catholic Church.
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Standard conditions in Lithuania shall be such provisions which are prepared in advance for general and repeated use by one contracting party without their content being negotiated with another party, and which are used in the formation of contracts without negotiation with the other party. Standard conditions prepared by one of the parties shall be binding to the other if the latter was provided with an adequate opportunity of getting acquainted with the said conditions (Article 6.185. Standard conditions of contracts, Lithuanian Civil Code).Standard Contract Terms in Cross-Border Business Transactions (A Comparative Study from the Perspective of European Union Law), PDF (by Attorney Dr. Gintautas Šulija, LL.M., LL.M.) A consumer shall have the right to claim within the judicial procedure for invalidity of conditions in a consumer contract that are contrary to the criterion of good faith (Article 6.188).
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A contemporary New York Times article opined that: "The questions involved are of great magnitude, and affect more or less the title to a large portion of the State of New York." Although the Seneca prevailed in the lawsuit, title to a large portion of the state was not called into question due to the court's refusal to entertain the Seneca's claims regarding the invalidity of the treaty. According to Armstrong, the result of the decision was mixed: > The decision was not all that the Indians had hoped for--it was a victory on > narrow legal grounds rather than a vindication of their cause--but it was a > victory. The Court's ruling meant that as long as the federal government was > determined to take no action to remove them from Tonawanda, the Ogden > Company was powerless to do so.
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Justice Byron White Justice Byron White filed an opinion concurring in the judgment, but he would have separated the case into two branches, each of which was a violation of § 1 of the Sherman Act: > There are two phases to the Government's case here: one, the conspiracy to > exclude the Japanese from the market, and the other, the collusive > termination of a Patent Office interference proceeding pursuant to an > agreement between Singer and Gegauf to help one another to secure as broad a > patent monopoly as possible, invalidity considerations notwithstanding. The > Court finds a violation of § 1 of the Sherman Act in the totality of > Singer's conduct, and intimates no views as to either phase of the > Government's case standing alone. ... [I]n my view, either branch of the > case is sufficient to warrant relief. ...374 U.S. at 197 (White, J., > concurring in the judgment).
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It seems very illogical for Petrus to write such an extensive work against Judaism, and then write one of the twelve titulus about Islam in the middle of the Dialogi. If the purpose of the fifth titulus is to be against Islam, it does not coincide with anything else in the Dialogi, and it is placed in the middle of it. If Petrus’ true intention of the fifth titulus was to prove the invalidity of Islam then he most certainly would have written an entirely different polemic and included the fifth titulus in that work. When one contrasts Alfonsi’s Judaic polemics to his Islamic polemics, there is much revealed about his thoughts on each religion. Petrus’ polemics against Judaism did not focus on how the religion was created or the people that were the original followers of the religion, but that is exactly how Alfonsi sought to defame Islam.
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The Mines (Precautions Against Inrushes) Regulations 1979 applied to all types of mines and made provision for measures to be taken against the hazard of inrushes of water or gas or material which flows when wet. In housing policy, a shift of emphasis in housing policy towards rehabilitation was evident in the further increase in the number of General Improvement Areas and the number of Housing Action Areas declared. An Act of March 1977 makes provision, for a limited period, for benefits to be paid from the age of 64 to workers who agree to retire in order to free jobs for young unemployed people, in response to the rise of youth unemployment. A number of other improvements were introduced in 1977, with Attendance Allowances extended to cover handicapped foster children and non-contributory disablement pensions extended to married women whose invalidity prevented them from carrying out their household tasks.
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The obligation of the defender to appeal from the decision of first instance adverse to the validity of a marriage has been modified by the Holy See in several cases where the invalidity depends upon facts indisputably proven. Where the decree "Tametsi" of the Council of Trent was binding, requiring the presence of the parish priest for the validity, if only a civil ceremony was used, the bishop may declare the marriage null without the participation of the defender. In view of new matrimonial law contained in the decree "Ne Temere" of Pius X this also holds anywhere if a marriage is attempted only before a civil authority or non- Catholic minister of religion. Yet if an ecclesiastical form had been used, and the nullity from clandestinity was questioned, the presence of the defender is required; but if the impediment of clandestinity clearly appears he need not appeal.
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That the tender board "acts on behalf of the province" in arranging to hire premises, or in concluding a lease, could not derogate from the fact that section 4(1) disables the province from acting autonomously in this regard. The mischief which the Act seeks to prevent was plain enough to the court: It is to eliminate patronage or worse in the awarding of contracts, to provide members of the public with opportunities to tender to fulfil provincial needs, and to ensure the fair, impartial and independent exercise of the power to award provincial contracts. If contracts were permitted to be concluded without any reference to the tender board, and without any resultant sanction of invalidity, the very mischief which the Act seeks to combat could be perpetuated. Accordingly, the court held that leases entered into by a department of the provincial government (as lessee) without the tender board's having arranged the hiring of the premises in terms of section 4(1) of the Act, are invalid.
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The articles against Whittingham are printed from the domestic state papers in the 'Camden Miscellany'; the charge that 'he is defamed of ' is entered as 'partly proved' and that of drunkenness as 'proved;' but the real allegation against Whittingham was the alleged inadequacy and invalidity of his ordination in Geneva. He admitted to not having been ordained according to the rites of the church of England. Archbishop Sandys further added that Whittingham had not even been validly ordained even according to Genevan standards, but had been elected preacher without the imposition of hands. Huntingdon repudiated the Archbishop and suggested a stay of the proceedings against Whittingham, arguing that 'it could not but be ill-taken of all the godly learned both at home and in all the reformed churches abroad, that we should allow of the popish massing priests in our ministry, and disallow of the ministers made in a reformed church'.
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Direito Brasil – Marriage It also formerly prohibited the avunculate marriages and extended the prohibition for marriage between siblings to half-siblings, both cited above, but the Decrete Law 3.200/1941 made marriage possible for those non-ascended/descended in consanguinity of third degree (25%) provided both have health checks. Brazilian law never held marriages between double first cousins as a reason for invalidity, even though those have a consanguinity as strong as that of half-siblings, and those, as other first cousins, are not asked health checks to marry, doing so in the same way as non-related people. Also legally treated much like non-related people are stepsiblings, while those who are stepsiblings and half-siblings (that is, those who have a half-sibling who is also child of a latter married spouse of one's parent) are treated like half- siblings who are not stepsiblings, being demanded health checks before marrying.
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The Centre for the Study of the Causes of the War (in German: Zentralstelle zur Erforschung der Kriegsursachen) was a think-tank based in Berlin, funded by the German government, whose sole purpose was to disseminate the official government position that Germany was the victim of Allied aggression in 1914, and hence the alleged moral invalidity of the Versailles Treaty.Herwig, Holger “Clio Deceived” pages 5-44 from International Security, Volume 12, Issue 2, Fall 1987 pages 22-23 & 26 Of the many provisions in the treaty, Article 231 required Germany to accept responsibility for the damages it caused during the war and, under the terms of articles 232–248, to disarm, make substantial territorial concessions and pay reparations to some of the victorious countries. Although neither the Entente powers at the time nor subsequent historical consensus attached the idea of war guilt to these articles, Germany viewed them as a humiliation and as being forced to accept full responsibility for causing the war.
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Thus, Telstra argued, this provision did not apply to any acquisition effected by Section 152AR since the relevant acquisition is effected by the provider's request for access engaging the standard obligations under Section 152AR, and not by any determination made by the ACCC. The High Court rejected Telstra's interpretation of Section 152EB by stating that the said provision refers to determinations that would "result in" an acquisition of property on unjust terms, and not to determinations that would "effect" such an acquisition. The High Court also pointed to the fact that Telstra's argument involves a dispute about the terms and conditions of complying with the service access obligations fixed by ACCC determinations, thus enabling the operation of Section 152EB. As a result of the High Court's position, Telstra next suggested that the impugned provisions do effect an acquisition of property, and just terms must then be afforded by the operation of Section 152EB, removing any claim of invalidity so long as the Commonwealth pays reasonable compensation.
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The flat-rate national pension could be paid as an old-age pension, once a person reached the age of sixty five; as an invalidity pension (either full or partial) to those between the ages of sixteen and sixty-four who were no longer able to work; or, in some cases, to the long-term unemployed who were in their late fifties or early sixties. In addition to these classes of beneficiaries, survivors of those eligible for national pensions who were not themselves eligible for the pensions could receive pensions under the terms of the Survivor's Pension Plan. Also tied to the National Pension Plan were payments for handicapped children living at home and for some combat veterans of World War II. Payments of the national pension are uniform for everyone. To this amount were added the assistance payment, which varied according to a pensioner's marital status, the cost of living in his or her locality, and other pensions that he or she received.
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Independent Catholics tend to share the view that, "whatever else we may disagree about, we all believe earnestly in apostolic succession!" Many in the Independent Catholic movement who say they possess valid lines of apostolic succession received them from lines derived from Roman Catholic Bishop Carlos Duarte Costa, Roman Catholic Archbishop Pierre Martin Ngo Dihn Thuc or Roman Catholic Archbishop Emmanuel Milingo, who are seen within the movement as having validly, even if illicitly, consecrated and ordained individuals outside the Roman Catholic Church. While making no explicit statement about the validity or invalidity of consecrations and ordinations carried out in the Independent Catholic movement, the Roman Catholic Church suspended Roman Catholic Archbishop Pierre Martin Ngo Dihn Thuc, who had purportedly excommunicated himself by his latae sententiae act of consecrating other bishops and ordaining priests whom the Roman Church will not recognize. English translation: Sacred Congregation for the Doctrine of the Faith, "Decree concerning certain unlawful priestly and episcopal ordinations", 17 September 1976.
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On 1 December 2005, the Constitutional Court handed down its decision: the nine justices agreed unanimously that the common-law definition of marriage and the marriage formula in the Marriage Act, to the extent that they excluded same-sex partners from marriage, were unfairly discriminatory, unjustifiable, and therefore unconstitutional and invalid. In a widely quoted passage from the majority ruling, Justice Albie Sachs wrote: There was some disagreement about the remedy: the majority (eight of the justices) ruled that the declaration of invalidity should be suspended for a year to allow Parliament to correct the situation, as there were different ways in which this could be done, and the Law Reform Commission had already investigated several proposals. If Parliament did not end the inequality by 1 December 2006, then words would automatically be "read in" to the Marriage Act to allow same-sex marriages. Justice Kate O'Regan dissented, arguing that these words should be read in immediately.
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In 1998, the Congregation for the Doctrine of the Faith issued a doctrinal commentary to accompany Pope John Paul II's apostolic letter Ad tuendam fidem, which established the formula of the profession of faith to be made by those assuming certain offices in the church. The congregation's commentary listed Leo XIII's declaration in Apostolicae curae on the invalidity of Anglican ordinations as an example of "those truths connected to revelation by historical necessity and which are to be held definitively, but are not able to be declared as divinely revealed". Anyone who denies such truths "would be in a position of rejecting a truth of Catholic doctrine and would therefore no longer be in full communion with the Catholic Church". The continuing authority of Apostolicae curae was reinforced in the essay "The Significance of the Apostolic Constitution Anglicanorum Coetibus" by Gianfranco Ghirlanda, Rector of the Pontifical Gregorian University, released on 9 November 2009.
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15 Requirements for the validity of marriage are listed in the Code of Canon Law under the headings "Diriment Impediments" (such as being too young, being impotent, being already married, being ordained), "Matrimonial Consent" (which requires, for instance, sufficient use of reason, psychic ability to assume the essential obligations of marriage, and freedom from force and fear), and "The Form of the Celebration of Marriage" (normally requiring that it be contracted in the presence of the parish priest or his delegate and at least two other witnesses). An annulment is a declaration that the marriage was invalid (or null) at the time the vows were exchanged. Thus, an annulment is declared only when an ecclesial tribunal finds a lack of validity in the marriage at the time of the marital contract. Behaviour subsequent to the contract is not directly relevant, except as post factum evidence of the validity or invalidity of the contract.
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A British detachment stayed three months on the island while the frigate patrolled the waters until April. On 4 May 1955 the United Kingdom filed two lawsuits against Argentina and Chile respectively, the International Court of Justice in The Hague so this declared the invalidity of claims of sovereignty of the two countries on Antarctic and sub-Antarctic areas. On 15 July 1955, the Chilean Government rejected the jurisdiction of the Court in that case and on 1 August the Argentine Government did the same, by what the demands on 16 March 1956 they were archived. On 1 December 1959 was signed the Antarctic Treaty by Argentina, Australia, Belgium, Chile, France, Japan, New Zealand, Norway, South Africa, the Union of Soviet Socialist Republics, the United Kingdom and the United States, entering into force on 23 June 1961. In the 1960s the State of Argentina, with its fleet, pioneered ecological tourist cruises to Antarctica.
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The recognition of social security as a basic human right is enshrined in the Universal Declaration of Human Rights (1948). The development of social security programmes is considered to be one of the most significant social achievements of the international community, but its enhancement and extension remain one of the main challenges of the 21st century. As per the ISSA Constitution, the term "social security" means any scheme or programme established by legislation, or any other mandatory arrangement, which provides protection, whether in cash or in kind, in the event of employment accidents, occupational diseases, unemployment, maternity, sickness, invalidity, old age, retirement, survivorship, or death, and encompasses, among others, benefits for children and other family members, health care benefits, prevention, rehabilitation, and long-term care. It can include social insurance, social assistance, mutual benefit schemes, provident funds, and other arrangements which, in accordance with national law or practice, form part of a country's social security system.
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The Assistant Attorney General of the Antitrust Division, however, arguing for the Government as amicus curiae, urged the Court to overrule Triplett partially—to permit or preclude relitigating patents on a case-by-case fact-specific basis. A preliminary question was whether it was proper for the Court to overrule Triplett when both party litigants were unwilling to urge its being overruled. Under intense questioning by the Court in oral argument, however, counsel for the accused infringer (who initially sought to argue that the patented antenna structure should have been held obvious over the prior art) receded to the position that in the particular circumstances of the case (the trial court had forced Blonder-Tongue to go to trial without its witnesses) the evidence from the Winegard case in Iowa should have been considered. No party argued for so- called in rem invalidity, and neither did the United States as amicus curiae.
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When the case was appealed to the Supreme Court Denham J took the view which was similar to the previously expressed case of FX v clinical director of the central mental hospital [2014] IESC 1 where in paragraph 65 of the judgement it states, "In such circumstances where an order of the court does not show any invalidity on its face, the route of the constitution and immediate remedy of hebeas corpus is not the appropriate approach." Another case which was used by Denham J to show the position of the court would be that of Roche v Governor of Clover Hill Prison [2014] IESC where Charlton J pointed out that "there are legal structures in place to deal with such commonplace situations and these fall outside the obligation of the High Court to enquire into and to declare that a detained person is either lawfully detained or not." The court would express that the proposition that not every defect or illegality attached to detention will invalidate that detention has long been established.
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The Manifesto supported the creation of universal suffrage for both men and women (the latter being realized only partly in late 1925, with all opposition parties banned or disbanded);Kevin Passmore, Women, Gender and Fascism in Europe, p. 116 proportional representation on a regional basis; government representation through a corporatist system of "National Councils" of experts, selected from professionals and tradespeople, elected to represent and hold legislative power over their respective areas, including labour, industry, transportation, public health, communications, etc.; and the abolition of the Italian Senate. The Manifesto supported the creation of an eight-hour work day for all workers, a minimum wage, worker representation in industrial management, equal confidence in labour unions as in industrial executives and public servants, reorganization of the transportation sector, revision of the draft law on invalidity insurance, reduction of the retirement age from 65 to 55, a strong progressive tax on capital, confiscation of the property of religious institutions and abolishment of bishoprics and revision of military contracts to allow the government to seize 85% of war profits made by the armaments industry.
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As indicated by its name, the members of the organisation were 14 clubs: the 12 clubs that partook in the 1969 Danish 1st Division and the previous season's two relegated clubs. The then chairman of BK Frem, Svend Petersen, was selected as the new association's first chairman, vice chairman of Kjøbenhavns BK, Børge Pockendahl, was choosen as vice chairman, Sonny Thomsen of Aalborg BK became the treasurer, while the rest of the board included Ejvind Sørensen (chairman of B 1909) and Svend Erik Bang Sørensen (Aarhus GF). The organisation was not seem as a protest against the Danish FA (DBU) and the organisation of regional football associations (LFU). The association's first board meeting took place in Aalborg on 4 April 1969, and resulted in common ground on the aspect of identical entrance fees at half price at top-flight league matches for children and old-age and invalidity pensioners across the entire country – the clubs in the 2nd and 3rd divisions received a recommendation from the association to introduce the same scheme.
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John Patrick O'Neill (1910 – 11 October 1998) was an Australian public servant, who served as Australia's Commonwealth Statistician (head of the Bureau of Statistics) from 1970 to 1975, and Australian Statistician from 1975 to 1976. O'Neill was born in Wynyard, Tasmania where he attended primary school, later boarding at St Virgil's College in Hobart. In 1927, he began working at the Hobart office of the Commonwealth Bureau of Census and Statistics, and began studying for a Bachelor of Commerce degree at the University of Tasmania which he discontinued due to illness. In 1937, he transferred to the Bureau's Canberra office working under Roland Wilson, with secondments to the Bureau of Meteorology and Department of Commerce and Agriculture during World War II. When the Commonwealth Statistician—his friend and colleague, fellow Tasmanian Keith Archer—took sick leave in 1970, O'Neill acted as Commonwealth Statistician until he was officially appointed in 1972, then continued as the Australian Statistician when the role and the Bureau were renamed in 1975, until he retired due to invalidity in August that year.
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Luis Ovsejevich (Buenos Aires, born September 13, 1941) is an Argentine lawyer and businessman, founder and president of the Konex Foundation, from its creation in 1980. Through it the Konex Awards have been granted annually since 1980 to be granted to personalities and institutions standing out for his, her or its achievements in 10 different fields. He made various cultural contributions, such as "Let´s go to the Music" since 1991, which consist in operas, ballets, concerts, tango and comedy adapted specially for children; he decided to open Konex Cultural City (Ciudad Cultural Konex) in 2005, it is a space where all type of cultural expressions coexist with the objective to contribute to the cultural and artistic enrichment of the community.La Ciudad Cultural Konex cumple años – La Nación He is a lawyer graduated from the University of Buenos Aires, he exerted teaching from 1962 to 1974 in the Faculty of Law and Faculty of Economic Sciences at the University of Buenos Aires and has published several works, out of which Legitimate (1963), Common Market (1964), Private Law Institutions (1969), Consent (1971), Invalidity and Inefficiency as a result of Will Anomalies (1973), stand out among others.
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According to various existing civil codes, a suretyship, when the underlying obligation is "non-valuable", is null and void unless the invalidity is the result of personal incapacity of the principal debtorCodes Civil, France and Belgium, 2012; Spain, 1824; Portugal, 822; Italy, 1899; Netherlands, 1858; Lower Canada, 1932 In some countries, however, the mere personal incapacity of a minor to borrow suffices to eliminate the guarantee of a loan made to himSpain, 1824; Portugal, 822, §2, 1535, 1536 The Egyptian codes sanction guarantees expressly entered into "in view of debtor's want of legal capacity" to contract a valid principal obligation Egyptian Codes, Mixed Suits, 605; Native Tribunals, 496 The Portuguese code retains the surety's liability, in respect of an invalid principal obligation, until the latter has been legally rescindedart. 822, §I According to several codes civil sureties are divided into conventional, legal and judicial,Codes Civil, France and Belgium, 2015, 2040 et seq.; Spain, 1823; Lower Canada, 1930 while the Spanish code further divides them into gratuitous and for valuable consideration.art. 1, 823 The German code civil requires the surety's promise to be verified by writing where he has not executed the principal obligation.art.
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Kruger, the applicant, an attorney specialising in personal injury law, approached the CC under section 172(2)(a) of the Constitution for confirmation of a High Court order declaring Proclamation R27 of 2006 (issued by President Thabo Mbeki (the first respondent) in terms of section 13 of the Road Accident Fund Amendment Act,Act 19 of 2005. and purporting to bring into operation sections 4, 6, 10, 11 and 12 of the Amendment Act, with effect from 31 July 2006) to be "null and void and of no force and effect." Because of the alleged uncertainty created by the High Court's declaration of invalidity, the Road Accident Fund (the third respondent) sought direct access to the CC for an order declaring Proclamation R32 of 2006, issued by the President in substitution for the first proclamation, before 31 July 2006, to have brought lawfully into operation sections 1, 2, 3, 4 and 5 of the Amendment Act with effect from 31 July 2006. The second proclamation had been issued to correct a bona fide error in the first proclamation regarding which of the sections in the Amendment Act were to come into operation on 31 July, and was worded as "amending" the first proclamation.
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Once the French forces left the Rhineland in 1930, this form of leverage with the Rhineland as collateral was no longer available to Paris, which from then on had to depend on Berlin's word that it would continue to abide by the terms of the Versailles and Locarno treaties, which stated that the Rhineland was to stay demilitarised forever. Given that Germany had engaged in covert rearmament with the co-operation of the Soviet Union starting in 1921 (a fact that had become public knowledge in 1926) and that every German government had gone out of its way to insist on the moral invalidity of Versailles, claiming it was based upon the so-called Kriegsschuldlüge ("War guilt lie") that Germany started the war in 1914, the French had little faith that the Germans would willingly allow the Rhineland's demilitarised status to continue forever, and believed that at some time in the future Germany would rearm in violation of Versailles, reintroduce conscription and remilitarise the Rhineland. The decision to build the Maginot Line in 1929 was a tacit French admission that without the Rhineland as collateral Germany was soon going to rearm, and that the terms of Part V had a limited lifespan.
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