The question, therefore, is whether, although not expressly negatived, the need for a mental element is negatived by necessary implication.
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The motions were debatable and amendable and were sometimes negatived.
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After that, the bill was recommitted and my amendment was negatived.
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Amendment L-5a has been negatived, consequential to a Bloc amendment.
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Amendment L-8 has been negatived consequential to a Bloc motion.
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Motion No. 48 was negatived but Motion No. 49 was not put.
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Ms. Susan Baldwin: That one should be negatived because it was replaced.
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It required not the affirmance, and could not be negatived, by the state governments.
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Motions Nos. 6 and 10 are the same as amendments presented and negatived in committee.
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In his opinion, the eye mobility negatived any idea of contracture consequent on central lesions.
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Further, it should be stated that the assumption is negatived by the movement of the moon's apse.
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Derek Mooney and Gavin Smullen converted frees but Dooley negatived one of them at the other end.
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Again it was to prove a fickle promise as Costello negatived it at the other end just five minutes later.
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It is not negatived by some entirely speculative statistical approach by saying that you did not expect it would happen.
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The existence of damage to the plants at that side of the field thus negatived the Claimant's case as to causation.
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Equally it is clear that the duty to secure mainstream schooling in section 316 has been negatived by the mother's objections.
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Poppy earnestly begged to be allowed to go with Jasmine on the roof, but this the good lady negatived with horror.
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Pat Coady posted Carlow in front with a pointed free after two minutes, a score which Jack O'Shea negatived three minutes later.
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A government amendment seeking recommittal to the Committee was negatived in a recorded division on October 25, 2006, and the main concurrence motion was adopted.
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In the case at bar, it was the facts proved mainly by the plaintiffs that in my view, negatived a claim based on mistake, and raised an Estoppel.
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The defendant did not have an opportunity to offer evidence at the trial that would have negatived an application of the theory to the circumstances of the case.
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However, the real drama was to come with the referee the focus of attention after an Eoin Kelly point was negatived by the Limerick full-back T.J. Ryan.
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And so, first, an offeror's unilateral power of revocation is negatived when his offer, addressed to a particular person, carries his undertaking to maintain it during a specified period.
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It is only where the jury is not satisfied that the intent of any one defendant was to cause serious harm or to kill that participation will be negatived.
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It will be found, I think, on examination that there is no case in which the circumstances have been such as I have suggested where the liability has been negatived.
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He acknowledges the GAA's attempt to speed up the game with the free and line-ball from the hand, but feels it has been negatived by stoppages for lectures and cards.
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He taunted William Magennis for thinking that two men embracing in another book amounted to sodomy. At the end of the debate and much discussion in the public press, his point made, Sir John sought leave to withdraw the motion. The question “That leave be given by the Seanad to withdraw the motion, item No. 2, on the Order Paper” was put and negatived. The question on the main motion was then duly put and declared negatived.
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An item that has been reduced or negatived by a committee may be restored or reinstated by the House, when the appropriation bill is passed at the end of that Supply period.
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Of these 11 that left abusive family situations out of the research altogether, six of those studies showed beneficial outcomes, four of them showed neutral outcomes and only one showed negatived outcomes.
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Phips was accused of violating the Navigation Acts, as his predecessor had been. Blathwayt was slowly and steadily working to standardize the flow of tributes from the colonies to the Crown, and if Phips was clogging these pipes he would need to answer for it. By the spring elections of 1693, Phips needed new connections to balance against the dangerous enmity of Stoughton. Elisha Cooke was elected and Phips negatived his seat.
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In 1808 there came out A Letter from Mr. Paull to Samuel Whitbread, in which he attributed the loss of his election for Westminster to the influence of another politician. His letter to Viscount Folkestone on the impeachment of the Marquis of Wellesley is in Cobbett's Political Register, on 25 October 1806. The charges against Wellesley were renewed in the House of Commons by Viscount Folkestone on 9 March 1808, but were negatived by 182 votes to 31.
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Interjections giving rise to a call for order by the Speaker are reported only as "Interjection". Other interjections are reported as spoken if they are clearly audible and if they are responded to in some way by the member who has the floor. While the details of approval or negativing of motions and bills closely parallel the House of Commons, the reporting is simplified to a style line ("Motion approved" or "Motion negatived").Hansard, Thursday, May 31, 2007 p.m.
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"Intensely ambitious, however, Waldron schemed, maneuvered, and conspired ineffectually, from 1742 until his death, to regain his lost authority. As he put it in 1742, "I sing but low notes at present, perhaps they may hear a tune heretofor which will grate in their ears." Just as Waldron had decided to move away, he was unexpectedly elected a Representative from Hampton, and was almost unanimously elected speaker. "The Governor negatived the choice, but the House stood by it, and for three years there was a deadlock.
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Standing Orders of the Parliament of the Cook Islands, Standing Order 241. Amendments may be introduced during the debate, or in writing and placed on the Order Paper.Standing Orders of the Parliament of the Cook Islands, Standing Orders 243, 244. When all clauses have been debated and amendments agreed to or negatived, the bill is reported back, and there is a final vote on whether the report of the committee is adopted by the House.Standing Orders of the Parliament of the Cook Islands, Standing Order 253.
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The test was eventually rejected by Congress in its 1952 revision of the patent statute, now codified in Title 35 of the United States Code. Section 103 was amended to state the new standard of non-obviousness: "Patentability shall not be negatived by the manner in which the invention was made." The United States Supreme Court acknowledged this new language in its landmark opinion on obviousness, Graham v. John Deere Co. (1966), noting that the language in Cuno establishing the doctrine had never been intended to create a new standard in the first instance.
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See also Parkersburg v. Brown, 106 U. S. 501. The doctrine announced in these cases is sustained by United States v. County of Macon, 99 U. S. 582, upon which the plaintiff in error relies; for, in that case, the very act, conferring upon the county authority to make a subscription to the stock of a railroad corporation, made special provision for a tax to meet the subscription, and thus negatived the inference that the legislature intended to permit any taxation beyond that allowed by that special act and the general laws of the state.
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Another proposal to introduce the FA's 3-player offside law was "negatived by a large majority", with opponents citing the rough nature of the grounds played on by the Sheffield teams, and claiming that "the strong defence it [the FA's offside rule] admits of would in many instances prevent any likelihood of a score being made". The FA's rejection of Sheffield's kick-in law at its own annual meeting (held one week earlier) was said to have influenced the feeling of the Sheffield meeting. Only one change to the laws was made, with the FA's law on handling the ball being adopted.
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Armstrong Patents Co., [1986] A.C. 577, [1986] All E.R. 850 (H.L.). The opinion by Lord Templeman in that case pointed out that an implied license might be negatived by express language, under principles of freedom of contract, but that was not so when non-derogation instead is involved: “The right cannot be withheld by the manufacturer of the car by contract with the first purchaser and cannot be withheld from any subsequent owner.” That is, the nature of property makes the right inherent and not a matter of freedom of contract. It is thus seen that the effect is comparable to the US license that is implied by operation of law.
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In relation to the section 18 offence, which did require proof of specific intent, it was pointed out that DPP v Majewski had made it clear that a specific intent may be negatived even if the incapacity of mind is self-induced by voluntary taking of drugs or alcohol. In the present case, the jury had been misdirected on that point. On either argument, the defendant would have been entitled to an acquittal; however, the court considered it doubtful whether Bailey had laid sufficient basis for his defence to be considered by the jury at all. If so, the jury would have been entitled to reject it.
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' This was then the standing rule, and was in no way exceptional to Brodie, although in his case, as in many others, it fell harshly on old officers of good service. On 5 March 1787 Brodie's claims were brought up in the House of Commons, and he was represented as a much-injured man, deprived of the promotion to which he was justly entitled. The house negatived the motion made in Brodie's favour. The case, however, led to a modification of the rule, and from that time captains who were not eligible for promotion when their turn arrived were distinctly placed on a superannuated list.
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In his separate opinion, Lord Templeman pointed out that an implied licence might be negatived by express language, under principles of freedom of contract, but that was not so when non-derogation instead is involved: "The right cannot be withheld by the manufacturer of the car by contract with the first purchaser and cannot be withheld from any subsequent owner." That is, the nature of property makes the right inherent and not a matter of freedom of contract. This case appears to be the first one extending the non-derogation doctrine from cases involving realty to cases involving personal property (chattels). Lord Templeman seems to have recognized this point in his opinion.
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The most important section of pre-AIA section 103 is 103(a): 35 U.S.C. 103 Conditions for patentability; non-obvious subject matter. :(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made. The full text of this section of the statute can be found at the USPTO.
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Some of Hawker's rulings, from motions put by the Australian Labor Party Opposition, were somewhat controversial early in his term, with one session of Question Time on 1 December 2004 resulting in twelve points of order, some continuously raised, to Brendan Nelson's response to a question on school funding raised by Sophie Mirabella, in that it was seen by the Opposition to anticipate debate. This session resulted in a dissent motion regarding the permission of ministers tabling documents at the end of answers, which was negatived. A further dissent motion was raised on 7 December 2004, regarding questions asked relating to public affairs but not directly regarding the subject's portfolio, specifically, the desire of the Opposition to question De-Anne Kelly to her supposed approval of funding of a project not relating to her portfolio of Veterans' Affairs. This dissent motion was also voted down.
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The latter conclusion is negatived by the whole tenor of those > statutes [... T]he reasonable assumption is that the Legislature, whilst > intending the prohibition to be absolute and effective, overlooked the > absence of any expressed penalty [...]. It is clear that no law of this kind > can be effective without a penalty; and the argument that the Courts must > therefore be held to have the power to inflict a penalty, wherever the > Legislature has intended to create an offence, is of considerable > weight.53-54. The court concluded: "We have come to the conclusion that the same principle applies in Roman-Dutch law, and that as the act in question was expressly an offence, it is punishable under our law."56. The court relied among other things on a rule which it formulated as follows: "The doing of an act which is expressly forbidden by the Legislature upon grounds of public policy constitutes an indictable offence, even though no penalty be attached."55.
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But the body of thirteen trustees who held the property of the four Exeter meeting-houses appealed to London for further advice. After much negotiation the whole body of London dissenting ministers of the three denominations was convened at Salters' Hall to consider a draft letter of advice to Exeter. Bradbury put himself in the front of the conservative party; the real mover on the opposite side was the whig politician John Shute Barrington, viscount Barrington, a member of Bradbury's congregation, and later the "Papinian" of Nathaniel Lardner's Letter on the Logos (1759). The conference met on Thursday, 19 February 1719 (the day after the royal assent to the repeal of the Schism Act), when Bradbury proposed that, after days of fasting and prayer, a deputation should be sent to Exeter to offer advice on the spot; this was negatived. At the second meeting, Tuesday, 24 February, Bradbury moved a preamble to the letter of advice, embodying a declaration of the orthodoxy of the conference, in words taken from the Assembly's catechism.
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