The result is that while the mandate stands as a legal fact, noncompliance is actually extremely widespread.
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To that end, one of her first initiatives is ABA Legal Fact Check, a website that will offer legal context on current events.
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A legal fact sheet dating to 2013 claims that the "majority" of the NSA's data collection is performed "solely pursuant" to the order, known as Executive Order 12333.
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But up to now, "high crimes and misdemeanors" has involved at least some basis in legal fact — President Clinton's perjury or President Johnson's defiance of the Tenure of Office Act.
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While this would halt policymaking and almost certainly force a change in leadership, it would not automatically change the legal fact that Britain will cease to be an EU member on Oct. 31.
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While losing a confidence vote would halt policymaking and almost certainly force a change in leadership, it would not automatically change the legal fact that Britain will cease to be an EU member on Oct. 31.
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Later, the documentary shows Guandolo claiming that the Council on American-Islamic Relations, a Muslim advocacy organization, "as a matter of fact, legal fact, is a member of the Muslim Brotherhood," and is specifically, a member of Hamas.
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Just in this month, a state court in New York, and federal courts in Minnesota, Texas, and Rhode Island (where the court cautioned, "that a United States citizen was held in prison on an erroneous immigration detainer without probable cause for even one night should concern all Americans") have added to the drumbeat of decisions establishing this basic legal fact.
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A claim arises when one is in the right, proleptically or after some legal fact.
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She can boast collaborations with the magazine Associazione Via Condotti of Gianni Battistoni. Lately she has decided to make a documentary along with American producer and director Melissa Balin, inspired by a personal legal fact as a victim of a camorra plot. The project is named Women Seeking Justice and will include stories of injustice from all over the globe. She speaks Italian, French, Spanish and English fluently.
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In civil law countries, possession is not a right but a (legal) fact which enjoys certain protection by the law. It can provide evidence of ownership but it does not in itself satisfy the burden of proof. For example, ownership of a house is never proven by mere possession of a house. Possession is a factual state of exercising control over an object, whether owning the object or not.
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Although the Civil Code mentioned a supervision over the work of the authorities, it was widely ignored. Although the welfare authorities possessed the right parents to escape custody, such as the supervision in the mass application of the laws of the article, was nowhere determined. Crucial and sufficient was the 'legal fact', that the children were members of a traveling (Yenish) family, and thus a sufficient reason, to take away the children from their parents.Thomas Huonker: Ein dunkler Fleck.
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Legal advice is distinguished from legal information which is the reiteration of legal fact. Legal information can be conveyed by a parking meter, sign or by other forms of notice such as a warning by a law enforcement officer. Printed legal materials, such as directions and how-to manuals, are generally not considered legal advice. Accordingly, instructions on how to meet court requirements for the submission of forms and other court documents do not constitute legal advice.
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A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce.
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Another legal fact supporting this theory is that Adolf's father died either in 1198 or 1199 and he became the new Count of Altena-Mark and Krickenbeck. If he was not old enough to rule by that time his mother or a close relative would have become regent for him. But there is no sign of this in any charters of the time. Instead Adolf is signing further charters; in 1202 he names himself in another charter Adolfus puer comes de Marke.
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The most significant legal fact about inline linking, relative to copyright law considerations, is that the inline linker does not place a copy of the image file on its own Internet server. Rather, the inline linker places a pointer on its Internet server that points to the server on which the proprietor of the image has placed the image file. This pointer causes a user's browser to jump to the proprietor's server and fetch the image file to the user's computer. US courts have considered this a decisive fact in copyright analysis.
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International humanitarian law (IHL), also known as the law of war or the law of armed conflict, is the area of public international law which aims, “for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare”.ICRC, What is International Humanitarian Law, Legal Fact Sheet. War is as old as mankind and so, in a sense, is IHL. Behaviour during armed conflict “has always been subject to certain principles and customs”, based on the practices of armies around the world.
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Frank's judicial service did not stem his scholarly output. In 1942, he published If Men Were Angels, a defense of the ambitious New Deal programs, and governmental regulation in general, expressing views that he developed while serving in the SEC. In 1945, he published Fate and Freedom, which attacked the theoretical underpinnings of Marxism, denying that societies followed any strict progression and insisting that people were free to mold the development of their own society. Beginning in 1946, Frank also began teaching a regular course on legal fact-finding at Yale Law School which "emphasized the parts that human fallibility and partisanship play in the trial court processes".
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During that time, censorship meant not only policing content, as even refusal to print government-endorsed texts could have severe consequences, as evidenced by an incident in 1953 when the weekly Tygodnik Powszechny was temporarily closed and lost its printing house after it refused to print the obituary of Joseph Stalin. The censorship law was eliminated after the fall of communism in Poland, by the Polish Sejm on 11 April 1990 and the GUKPiW was closed two months later. The closing of the GUKPiW has been described as "the formal and legal fact of lifting censorship [in Poland]" and the year 1990 has been said to have seen the "definite elimination" of censorship in Poland.
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59; Thio, "Little Known Legal Fact", p. 569. It has also been argued that although where possible local statutes should be interpreted in light of international treaties, it is not the role of the judiciary to import international law standards into the Constitution that are inconsistent with legislation instead of deferring to the views of the executive. According to this view, which hinges on a strict adherence to the separation of powers doctrine, the judiciary should guard against unwarranted incursions into the executive sphere, as it is for the executive to determine Singapore's attitude and position in relation to foreign affairs. The judiciary must not undertake its task of interpreting the Constitution arbitrarily, but should accord with legal reasoning and sound principles.
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The infringement of intellectual property rights is a legal fact and, as such, any means may be used to provide evidence thereof. Therefore, evidence may be provided using all the means of proof permitted by civil law (or by criminal law if the proceedings are initiated before a criminal court), such as witness statements, presumptions, bailiff reports and expert investigations, but also by using the saisie-contrefaçon, a procedure specifically intended to obtain evidence of the infringement of intellectual property rights. Upon authorisation of a judge, this procedure enables the holder of an intellectual property right claiming to be the victim of a violation of this right to have the violation recorded by a bailiff authorised both to enter any place where the infringement might be observed and to seize the items of evidence of the infringement.
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The fight between the houses of Bourbon and Habsburg for the Spanish Crown split Spain and Europe. The fall of Barcelona on 11 September 1714 to the Bourbon king Philip V militarily ended the Habsburg claim to the Spanish Crown, which became legal fact in the Treaty of Utrecht. Philip felt that he had been betrayed by the Catalan Courts, as it had initially sworn its loyalty to him when he had presided over it in 1701. In retaliation for the betrayal, and inspired by the French absolutist style of government, the first Bourbon king introduced the Nueva Planta decrees, that incorporated the lands of the Crown of Aragon, including the Principality of Catalonia, as provinces under the Crown of Castile in 1716, terminating their separate institutions, laws and rights, as well as their politics, within a united kingdom of Spain.
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The chairman of the parliamentary D66 group, Lousewies van der Laan then declared in a new parliamentary session that D66 could no longer support the entire cabinet. The apparent dissent between the D66 cabinet ministers opinion (that Verdonk did not have to go) and the D66 parliamentary group opinion (that Verdonk had to go) resulted in some tense hours where it appeared that the two D66 cabinet ministers Laurens Jan Brinkhorst and Alexander Pechtold had broken away from their party, supporting the cabinet but not their party member Lousewies van der Laan. However, in a reconvened parliamentary session later that evening, Brinkhorst announced that he and Pechtold had resigned and supported their parliamentary group in this issue. The apparent difference was merely based on legality: Since the CDA and VVD ministers did not want to dismiss Verdonk, the D66 ministers could do nothing but state the obvious legal fact that an unsupported motion has no legal consequence.
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