A liquidity dislocation"So a stock trades wild because of some validly scary thing, or validly very exciting thing," he said.
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Announces results of its tender offers * Xl group - total of $420.3 million aggregate liquidation preference or principal amount of securities validly tendered and not validly withdrawn in tender offers Source text for Eikon: Further company coverage:
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The prosecution will argue that this prior agreement was not validly executed.
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It's a validly placed and effective trend line that defines the DAX downtrend.
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A judge would really try to avoid throwing out any validly cast ballots.
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However, no current validly issued green cards, visas or travel documents will be revoked.
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The FAA validly points to real safety concerns in developing and deploying drone technologies.
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A court should simply look at the National Amusements board and whether it validly voted.
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If they are validly-executed, non-prosecution agreements will be enforced in criminal cases in Pennsylvania.
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More than US$350m of notes were validly tendered, and Senegal will accept the full US$200m.
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They noted that there was nothing new about administrative re-examination of whether patents were validly granted.
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"Are you telling me that I need to shut down a validly-predicated investigation," McCabe says he said.
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"I uploaded the executable [to VirusTotal] and it comes back as a validly signed file without issue," one user wrote.
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Later, he added that it would be a "dereliction of duty" if he failed to sign validly predicated warrant applications.
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I believe that "news" can just as validly be defined as activities and events that affect large numbers of people.
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It also is loath to do so for bishops, because theologically speaking, defrocked bishops can still validly ordain priests and bishops.
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Naming priority goes to the first validly published name, said the group, and not to the owner of the new specimen.
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"Judea and Samaria historically have deep Jewish roots and were validly captured 48 years ago in a defensive war," he writes.
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This hypothesis would need to undergo rigorous scientific testing and quality peer review before it could be validly recommended to women.
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"The increase in utility prices cannot be validly implemented without public hearings on the issue," the court said in a unanimous decision.
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"A commercial airline that removes validly seated customers without serious cause breaches the sacred trust between passengers and their airlines," the bill said.
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When one of my Super Soaker patents was challenged back in 2010, the Patent Office agreed with me that my patent was validly issued.
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Mr Trump worries (perfectly validly) about what will happen to the US's debt sustainability if bond yields move up several percentage points from here.
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The justices said they would hear an appeal by Bridget Anne Kelly, a former Christie deputy chief of staff, challenging whether she was validly prosecuted.
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There is no public evidence of wrongdoing by either the intelligence source or the bureau, which regularly uses confidential informants in validly predicated counterintelligence investigations.
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"Faithful" execution of a law that is validly on the books is what the words of the Constitution require of Trump — until Congress decides otherwise.
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But he might just as validly have chosen a much longer time span: the Italian economy has been wallowing in the shallows for almost two decades.
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Travis Laster, a judge on the Delaware Court of Chancery, ruled that Fresenius had validly terminated its merger agreement following a dramatic decline in Akorn's business.
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Sinaga said his client had no relationship with the claimant and shares were acquired through the negotiated board of the IDX and the transactions were validly settled.
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But if the Department persists in its baseless refusal to comply with a validly issued subpoena, the Committee will move to contempt proceedings and seek further legal recourse.
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The fund, known for its years-long battle with Argentina over its defaulted debt, seeks to bar the oversight board from operating until it has been validly constituted.
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Goldman "lawfully" acquired the shares from Platinum through the negotiated board of the Indonesian Stock Exchange and the transactions were validly settled, it says in its court documents.
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Goldman "lawfully" acquired the shares from Platinum through the negotiated board of the Indonesian Stock Exchange and the transactions were validly settled, the bank says in its claim documents.
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It said the cash to be paid for the outstanding bonds that will be validly tendered will be equal to 102.6 percent of the nominal amount of each bond.
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The legal challenge by the third-place finisher, Amama Mbabazi, argued that Mr. Museveni was not validly elected and that Uganda's electoral commission had disseminated false results, among other allegations.
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"He will comply with a subpoena to testify as long as it doesn't implicate some validly held privilege of his," said Joseph Bondy, a New York-based attorney representing Parnas.
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" Regarding images of healed scars on Instagram, he said "these images can't be searched, these images get buried, and that is a rejection that could validly be interpreted as being ostracized . . .
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It risks implying that there's a kind of continuum of marital validity, where marriages get more validly Catholic, more metaphysically real, as they approach a Biblical ideal of virtue and self-gift.
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"If the department persists in its baseless refusal to comply with a validly issued subpoena, the committee will move to contempt proceedings and seek further legal recourse," the New York Democrat wrote.
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Beyond the structural obstacles to athletes deciding the system is unfair and determining to act to change it, a player could validly decide that he is happy receiving what he currently gets.
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In the meantime, North Carolina state officials could ask the US Supreme Court to block the effect of Monday's decision so that the current redistricting plan can be validly used through 2018.
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"A law - no matter which law - is presumed to have been presented, debated and validly adopted in the interests of and for the well-being of the community as a whole," he ruled.
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Mr. Lamos has validly made a stylized living-room farce of Ms. Reza's play; in one scene, actors cross legs at the same time in a pronounced fashion, to a big audience response.
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"The Credit Union does not know who is validly in charge of the CFPB, who is authorized to make the rules, or whose rules to follow," the credit union said in its complaint.
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Legislation aimed at addressing the unfunded pension liability by reducing retirement benefits and other measures was voided as unconstitutional on Wednesday by a Franklin Circuit Court judge on grounds it was not validly enacted.
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The Government has no constitutional duty to subsidize an activity merely because it is constitutionally protected, and may validly choose to allocate public funds for medical services relating to childbirth but not to abortion.
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"Simpson has to have a reasonable apprehension of criminal prosecution in order to validly invoke the Fifth … but if not, you cannot just invoke the Fifth to avoid answering congressional questions," Meadows told reporters.
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"Our analysis led us to conclude that the obstruction-of-justice statutes can validly prohibit a President's corrupt efforts to use his official powers to curtail, end, or interfere with an investigation," Mueller writes.
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Former law enforcement and intelligence officials and other experts say there is nothing about the use of a confidential informant in a validly predicated investigation — even one into a presidential campaign — that violates FBI guidelines.
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Steve Vladeck, a law professor at the University of Texas, Austin, on Monday pointed to a Justice Department memo from the Office of Legal Counsel from 1974 that concluded the president cannot validly pardon himself.
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The new executive order will make clear that legal permanent residents (otherwise known as green card holders) are excluded from any travel ban, and those with validly issued visas will also be exempt from the ban.
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And former law enforcement and intelligence officials and other experts say there is nothing about the use of a confidential informant in a validly-predicated investigation — even one into a presidential campaign — that violates FBI guidelines.
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New york City time, on July 11, 2017 * Settlement date for any notes validly tendered and accepted for payment on early tender date is expected to be June 27, 2017 Source text for Eikon: Further company coverage:
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Here's the killer paragraph from CNIL's ruling — translated into "rough English" by my TC colleague Romain Dillet: The requirement based on the article 21 above-mentioned isn't fulfilled with a contractual clause that guarantees validly collected initial consent.
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NOTES DUE 2021 TO TENDER SUCH NOTES FOR PURCHASE FOR CASH * NOTES IN AN AGGREGATE PRINCIPAL AMOUNT OF EUR 320.6 MILLION WERE VALIDLY TENDERED FOR PURCHASE PURSUANT TO OFFER Source text for Eikon: Further company coverage: (Gdynia Newsroom)
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"The Legal Service takes the view that, the possibility for the European Parliament to be validly constituted following the 2019 elections would not be affected by a potential failure of by the UK to organise elections," the opinion said.
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She said for example, that some reports suggest that 61 percent of the 375,000 or so Islamic couples living in England are not validly married under English law — and thus have no rights before the English courts if divorced.
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Cruz, defending Panetti's execution, didn't argue on substantive grounds but claimed that Panetti could not validly bring up the issue, as he did not raise mental incompetence–based arguments in his first habeas corpus petition seeking reprieve from execution.
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"The constitution affords these rights to all Cherokee citizens, regardless of sexual orientation and the Cherokee Nation, or any subdivision, must recognize validly issued civil unions, same-sex marriages, and same-sex domestic partnerships from other jurisdictions," the opinion says.
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"Secretary Merrill has determined that for reasons of public health, absentee ballots that are requested to avoid public gatherings at polling places are requested because of illness, and should be validly issued," a statement from her office on March 13 read.
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SIENA, Italy, Nov 22 (Reuters) - Banca Monte dei Paschi di Siena has reached the quorum needed to validly call a shareholder meeting on Thursday to approve a vital 5 billion euro ($5.3 billion) share issue, a source with knowledge of the matter said.
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In the case, which involved the Office of Thrift Supervision, the US Court of Appeals for the DC Circuit also found that a validly appointed officer could "ratify" earlier actions taken by a person whose appointment could be challenged as being invalid.
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As part of an impeachment procedure by Congress, the executive branch is obligated, in response to validly issued congressional subpoenas, to produce documents and allow testimony of federal employees to permit the facts and truth to come to the light of day.
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"As with any public health outcome or exposure, the only way to understand the magnitude of the problem, and whether it is getting better or worse, requires that data be uniformly, validly, and reliably obtained throughout the U.S.," she said in a news release.
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To assert, as does the Climate Leadership Council, that some portion of the public would benefit from a complex trade off such as is presented by a tax-and-rebate scheme presumes more knowledge about the wellbeing of individuals than can validly be claimed.
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The Court notes that consent must be specific so that the fact that a user selects the button to participate in a promotional lottery is not sufficient for it to be concluded that the user validly gave his or her consent to the storage of cookies.
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There still is a lot that needs to be done in the music industry, but in terms of our careers we are in the driver's seat more than ever because we speak up for ourselves, we stick together, and [we] make sure our opinions are treated as validly as any man's.
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Section 287(g) agreements historically took two forms: the task force model, which gave authority to local officers to arrest solely for immigration violations, and the more limited jail model, which gave authority for locals to act only with regard to persons already validly arrested for a local, non-immigration offense.
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Second, I think voting would be an exciting and meaningful exercise even for children too young to fill out their ballot validly, and it's a great chance to develop the habit early — just like we have young children brush their teeth even though they'll lose those teeth in a few years anyway.
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Perpetuated by film, television and well-meaning help-groups seeking funds who show or talk about the validly neediest examples of our teammates, civilians who don't know veterans assume they are all somehow ticking time bombs, suicidal, need to be handled with special care or wallowing in a self-medicated pity party.
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"Even if the inquiry was validly authorized, much of the information sought in the subpoena appears to consist of confidential Executive Branch communications that are potentially protected by executive privilege and would require careful review to ensure that no such information is improperly disclosed," wrote Melissa Burnison, assistant Energy secretary for congressional and intergovernmental affairs.
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In a punchily brief press release the court writes: In today's judgment, the Court decides that the consent which a website user must give to the storage of and access to cookies on his or her equipment is not validly constituted by way of a prechecked checkbox which that user must deselect to refuse his or her consent.
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"I don't understand how Barr can on the one hand lavish praise on the inspector general and his team of lawyers and investigators, and in the next breath seek to undermine its key finding that the investigation was authorized and validly predicated," said Michael Bromwich, a former Justice Department inspector general who is now a lawyer in private practice.
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" And petitioners even left room for the Supreme Court to affirm Whitaker's appointment saying, "Even if this Court now determines that the President in fact validly appointed Mr. Whitaker as Acting Attorney General, that ruling would equally benefit the administration of justice by removing the cloud of uncertainty over the appointment and by resolving the burgeoning number of challenges to it.
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"Even if this court now determines that the president in fact validly appointed Mr. Whitaker as Acting Attorney General, that ruling would equally benefit the administration of justice by removing the cloud of uncertainty over the appointment and by resolving the burgeoning number of challenges to it that are otherwise likely to be filed in the lower courts," he argued in the request.
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" And petitioners even left room for the Supreme Court to affirm Whitaker's appointment saying, "Even if this Court now determines that the President in fact validly appointed Mr. Whitaker as Acting Attorney General, that ruling would equally benefit the administration of justice by removing the cloud of uncertainty over the appointment and by resolving the burgeoning number of challenges to it.
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Among the most awaited cases are those testing whether the Trump administration may validly add a citizenship question to the 2020 census; whether judges will be allowed to curtail partisan gerrymanders that make it nearly impossible to unseat the controlling party in a state; and whether a 40-foot cross, a World War I memorial known as the Peace Cross, may remain on public land in Maryland.
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In a legal opinion from 2017, seen by Reuters, European Parliament lawyers said Britain would not have to elect its representatives, even if it were still a member of the EU. "The Legal Service... takes the view that... the European Council could validly adopt a decision containing a scenario for the composition of Parliament without seats envisaged for the UK, if the latter had not formally withdrawn from the Union at the time of adoption of this decision," the legal said.
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" Benjamin Casey replied, "Actually the F.B.I. is asking for the keys to everyone's house and cameras inside to see what's going on all the time." jonnyballgame in New York City wrote: "Think of it this way: If a manufacturer of toy chests was ordered by the government to give it a master key so it could open the toy chest of a terrorist in order to conduct a validly issued search warrant, would we really think that company was standing up for liberty, or would we think they were exploiting the issue to be difficult and give the optics of being on the side of 'liberty' (and to help undermine Google's massive worldwide market share)?
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From the information given above, it CANNOT be validly concluded that A) H.B.'s departure is not voluntary if H.B.'s passport is allowed to be returned to H.B. B) if H.B.'s passport is not returned to the issuing government upon H.B.'s departure, then H.B. is not being removed C) H.B.'s departure is not voluntary unless the passport is allowed to be returned to H.B. D) if H.B.'s passport is not allowed to be returned to H.B., then H.B.'s departure is not voluntary E) if H.B. is being removed, then H.B.'s passport is to be returned to the issuing government (The answer is A.) Other parts of the application include an in-person interview, a medical exam, a physical fitness test, a drug test, and a background check requiring 10 non-family references.
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The name was provisional (not validly published), however, as the description was in French (the code of nomenclature mandates Latin) and lacked a required designation of a type specimen. It was validly published in 2013.
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Marcin Piątek published the name validly a couple of years later.
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Poincaré, Henri (1913). Dernières Pensées. Paris: Ernest Flammarion. While R.M. Hare held that no declarative conclusion can be validly drawn from a set of premises which cannot validly be drawn from the declaratives among them alone.
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Magnolia kobus only received its name in 1814, when it was validly published by A.P. de Candolle. There has been much confusion about earlier attempts to validly publish this species, especially because descriptions and type specimens did not match.
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This article describes and classifies the Unicode characters that may validly appear in XML.
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In 2013, Roy Halling and Naveed Davoodian published the name validly. The species is edible.
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All its employees and officials, elected or otherwise, were declared as not holding validly created offices.
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The name was never validly published and the originator has suggested that it not be validated.
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Aquifex is a bacterial genus, belonging to phylum Aquificae. There is one species of Aquifex with a validly published name – A. pyrophilus – but "A. aeolicus" is sometimes considered as species though it has no standing as a name given it has not been validly or effectively published. Aquifex spp.
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California Family Code Section 308 provides that a marriage validly contracted in another jurisdiction is valid in California. Thus, a common law marriage validly contracted in another jurisdiction is valid in California notwithstanding it could not be legally contracted within California; and a common law marriage that was not validly contracted in another U.S. jurisdiction is not valid in California. All other states have similar statutory provisions. Exceptions to this rule are marriages deemed by the jurisdiction to be "odious to public policy".
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Thus, Gillenia is the correct name (and Porteranthus was validly published but is superfluous and illegitimate Art. 52.1).
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However the earlier name Malva arborea (L.) Webb & Berthel. was validly published and has priority over Malva dendromorpha.
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The theory that to be validly ordained, Anglican clergy must be ordained and/or consecrated by bishops whose own consecration can be traced to one of the Apostles (see Apostolic succession). Anglicans differ as to whether the sacraments received from clergy who are not ordained in this tradition have been validly performed and received.
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In botanical nomenclature, a validly published name is a name that meets the requirements in the International Code of Nomenclature for algae, fungi, and plants for valid publication. Valid publication of a name represents the minimum requirements for a botanical name to exist: terms that appear to be names but have not been validly published are referred to in the ICN as "designations". A validly published name may not satisfy all the requirements to be legitimate. It is also not necessarily the correct name for a particular taxon and rank.
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Oestlundia is a validly published genus of orchid within the subtribe Laeliinae. Its component species are found from Mexico to Venezuela.
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On 27 October 2017, the High Court found that Xenophon had been eligible in 2016 to nominate and be validly elected.
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During the nomination period from 31 May to 7 June 2000, all 35 subsectors received a total of 911 nominations of candidates. 182 validly nominated in nine subsectors and two sub-subsectors were returned uncontested; and 723 validly nominated were to contest in the remaining 25 subsectors and two sub-subsectors for 482 seats in the Election Committee.
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According to Racine v. Bender, CNCs will be enforced by courts if they are validly formed and reasonable.Racine v. Bender, 141 Wash.
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The competent authority cannot withhold confirmation if the designated candidate is canonically suitable for the office and the election has been conducted validly.
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Anubias gracilis is a plant that was first mentioned in 1920 by Chevalier and thereafter validly described by Hutchinson and Dalziel in 1936.
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Ampliotrema is a genus of lichens in the family Graphidaceae. The genus was originally described invalidly in 2004, and validly two years later.
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Penney has tortiously interfered, and continues to tortiously interfere, with a contract that Macy's validly entered into with Martha Stewart Living Omnimedia Inc.
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The Chlamydiae currently contain eight validly named genera, and 14 genera. The phylum presently consist of two orders (Chlamydiales, Parachlamydiales) and nine families within a single class (Chlamydiia). Only four of these families are validly named (Chlamydiaceae, Parachlamydiaceae, Simkaniaceae, Waddliaceae) while five are described as families (Clavichlamydiaceae, Criblamydiaceae, Parilichlamydiaceae, Piscichlamydiaceae, and Rhabdochlamydiaceae).Kuo C-C, Horn M, Stephens RS (2011) Order I. Chlamydiales.
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Anaglyptus is a genus of beetles in the family Cerambycidae. The scientific name of the genus was first validly published in 1839 by Mulsant.
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Gemylus albovittatus is a species of beetle from the family Cerambycidae. The scientific name of the species was first validly published in 1960 by Breuning.
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Any validly married Catholic couple can become members of CFC. Although a Catholic movement/organization, CFC remains open to having non-Catholic Christians as members.
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"Comparative floral structure and systematics in Apodanthaceae (Rafflesiales)". Plant Systematics and Evolution 245(1-2):119-142. A third genus, Berlinianche, was never validly published.
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Titanoptilus serrulatus is a moth of the family Pterophoridae. It is known from Africa.The scientific name of this species was first validly published in 1935.
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The liquidator sued. The question was whether Mr Grant's offer for shares had been validly accepted and as such whether he was legally bound to pay.
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Eudistoma fragum is a species of sea squirt in the class Ascidiacea. The scientific name of the species was first validly published in 1988 by Françoise Monniot.
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A human being merely consists of five aggregates, or skandhas and nothing else. In the same way, "mind" is what can be validly conceptually labelled onto our mere experience of clarity and knowing. There is something separate and apart from clarity and knowing which is "Awareness", in Buddhism. "Mind" is that part of experience the sixth sense door, which can be validly referred to as mind by the concept-term "mind".
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The genus was first validly named in 1754 by Philip Miller. Only the name of the genus, Miller did not validly publish names of species in this work as he did not consistently use binomial names. In 1913 Nathaniel Lord Britton and Addison Brown selected Mimosa scorpioides (≡ Acacia scorpioides () = Acacia nilotica () ), a species from Africa, as the lectotype of the name. The genus as recognized in 1986 contained 1352 species.
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Ferdinand von Mueller first named the species in 1853, but failed to adequately publish the new species. The name was first validly published by Carl Meissner in 1854.
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Cnidium monnieri was already described and the name validly published by Carl Linnaeus. It was Pierre Cusson, however, who reclassified it into today's valid botanical systematics in 1787.
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Concepcion, together with Justices Zaldivar, Fernando and Teehankee, voted to grant the relief being sought. In the issue of whether or not the 1973 Constitution has been ratified validly, six members of the court (the Chief Justice, and Justices Makalintal, Zaldivar, Castro, Fernando and Teehankee), answered that the Constitution was not validly ratified. Barredo’s opinion was equivocal in its nature according to Cruz, but Joaquin Bernas, in his book on the Constitution, annotates that his opinion would be counted as concurring with the six justices. But it is unusual that of those who said that the Constitution was not validly ratified, Querube Makalintal and Fred Ruiz Castro voted to dismiss the petitions.
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Claviceps zizaniae is a plant pathogen that causes ergot in the wild rice species Zizania aquatica and Z. palustris. Originally described in 1920 as Spermoedia zizaniae by Faith Fyles, it was transferred to Claviceps in 1959 by Maria E. Pantidou. The new combination, however, was not published validly as Pantidou "failed to provide a full and direct reference to the place of publication". The binomial was published validly by Scott Redhead and colleagues in 2009.
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H. akashiwo and H. inlandica have been recognized as two species of Heterosigma. However, Hara and Chihara (1987) described both specimens as one species, validly describing them as H. akashiwo.
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Verongula rigida is a sponge species in the class Demospongiae. The scientific name of the species was first validly published in 1794 by Eugenius Johann Christoph Esper, as Spongia rigida.
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Villogorgia rubra is a species of colonial soft coral sea fan in the family Plexauridae. The scientific name of the species was first validly published in 1899 by Isa Hiles.
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Acantoplistus acutus is an insect species from the family Gryllidae (crickets). The species name for this type of cricket was validly published for the first time in 1877 by Saussure .
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The following is a list of Hadīth collections, which are sources that contain the sayings, acts or tacit approvals, validly or invalidly, ascribed to the Islamic prophet Muhammad, and collected by Muhaddiths.
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In 2017, Steven Vidovic and David Martill validly named a separate genus Altmuehlopterus. The generic name combines a reference to the river Altmühl, running through Solnhofen, with a Latinised Greek pteron, "wing".
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Another reason is that the code of nomenclature changes with time, and most changes have retroactive effect, which has resulted in some names that the author thought were validly published, becoming invalid.
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The taxonomic position of S. lyticans, S. pettenkoferi, S. petrasii, and S. pseudolugdunensis has yet to be clarified. The published descriptions of these species do not appear to have been validly published.
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The names Trophon carinatus and Trophon vaginatus, established for fossils, have been used during much of the 19th and 20th century to designate the Recent species now validly known as Pagodula echinata.
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There is also no reason why one cannot waive the right to privacy.s 14. Similarly, one may validly undertake not to demonstrate,s 17. not to join a political party,ss 18, 19.
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2 e00352-15. doi: 10.1128/mBio.00352-15 is validly classified as a member of the Mycobacterium avium complex. The novelty of this bacterium is due to its translational application as an immunotherapeutic.
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The family name Pteleocarpaceae had been used, but was not validly published until 2011, when the required description was published in Kew Bulletin.Richard K. Brummitt. 2011. "Valid publication of the family name Pteleocarpaceae".
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The genus Cleretum was erected by Nicholas Edward Brown in 1925. He published the name in a key, basing the diagnosis on a herbarium sheet that was discovered to contain parts belonging to plants in different genera and without designating a type. This caused confusion as to whether the genus had been validly published and whether genus names published later were synonyms or not. It was established in 1985 that Cleretum was validly published, and that Micropterum was a later synonym.
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Hesperolinon serpentinum is a rare species of flowering plant in the flax family known by the common name Napa dwarf flax, or Napa western flax. Hesperolinon serpentinum was not validly published by McCarten although it appears in the Jepson Manual (Hickman, 1993). The species was validly published as Hesperolinon sharsmithae in 2006 by O'Donnell (Madroño 53:404–408). The species is endemic to northern California, where it is known from fewer than twenty occurrences in four counties surrounding the San Francisco Bay Area.
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Wolfiporia dilatohypha is a species of fungus in the order Polyporales. Although it was first described as Poria inflata by Lee Oras Overholts, he neglected to include a Latin description of the species, (then required by the International Code of Nomenclature for algae, fungi, and plants), and so the name was not validly published. Mycologists Leif Ryvarden and Robert Lee Gilbertson published the species validly in 1984 in a revision of Overholts' work. The type collection was made in Oxford, Ohio in 1911.
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By baptism a natural person is incorporated into the church and is constituted a person in the same. All the validly baptized, called Christifideles, have the status of physical persons under Catholic canon law.
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Customary international law recognises the existence of certain requirements that must be met before a state can validly espouse its national's interest. The two main requirements are exhaustion of local remedies and continuous nationality.
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Only the above rights, including ownership, are capable of being rights in rem and will only vest in an individual when they have been validly created or transferred in accordance with their respective rules.
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Cainia desmazieri is a species of fungus in the family Cainiaceae. It was first described as a new species by Claude Moreau and Emil Müller in 1963, and then later validly published in 1978.
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Grouvellinus duplaris is a beetle species from the riffle beetle family. The scientific name of the species is validly published in 1923 by Champion for the first time and it is endemic to India.
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In 1959, Hung-Ta Chang validly made the combination Exbucklandia tonkinensis.Hung-Ta Chang. 1959. Acta Scientiarum Naturalium Universitatis Sunyatseni. 1959(2). In that same paper, Chang described and named the third species, Exbucklandia longipetala.
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Lord Denning MR (sitting in the Queen’s Bench) said the contract was validly rescinded. It was so without communication, but through an unequivocal act of election, demonstrating Caldwell no longer wished to be bound.
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The Committee of Elections and Qualifications held that an error in the drafting of the constitution meant that Francis Suttor could not be validly appointed Minister of Public Instruction and declared his seat vacant.
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The Committee of Elections and Qualifications held that an error in the drafting of the constitution meant that George Reid could not be validly appointed Minister of Public Instruction and declared his seat vacant.
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Ashley, G. 1975. The search for the 27 point Drosera binata. Carnivorous Plant Newsletter, 4(3): 48. Neither of these names were validly published, but again they remain in use among carnivorous plant growers.
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Questions remain whether or not the meme concept counts as a validly disprovable scientific theory. This view regards memetics as a theory in its infancy: a protoscience to proponents, or a pseudoscience to some detractors.
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For this reason, Coprothermobacteria are considered a diverging lineage of bacteria. Among the species included in this genus, Coprothermobacter platensis and Coprothermobacter proteolyticus (formerly named Thermobacteroides proteolyticus) are the only strains with validly published names.
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Brown's name was not validly published, but the name was validated by Augustin Pyramus de Candolle in 1824. The name Tremandreae is still sometimes used for this group, but at the taxonomic rank of tribe.
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The High Court unanimously held that he had never been validly elected. The High Court expressly declined to rule on the question of whether being a dual citizen would also disqualify a candidate from election..
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Code of Canon Law, canons 1382-1383 Dr. Ludwig Ott,(1952), Fundamentals of Catholic Dogma. p. 456. "Every validly consecrated bishop, including heretical, schismatic, simonistic, or excommunicated bishops, can validly dispense the Sacrament of Order, provided that he has the requisite intention, and follows the essential external rite (set. Certa). Cf. D 855, 860; CIC 2372." A Catholic bishop who consecrates someone to the episcopate without a mandate from the Pope is automatically excommunicated according to canon law even if his ordination may be considered valid.
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Specimens of O. pinkavae were distributed for years labeled as "Opuntia kaibabensis", a name that was never validly published.Ferguson, David, & A. Dean Stock. Opuntia Web Parfitt's original description coining the name Opuntia pinkavae and the treatment attributed to Pinkava in Flora of North America suggest that the name was offered as a replacement for another allegedly unpublished name, Opuntia basilaris var. woodburyi. However, the varietal name was indeed validly published, but chromosomal comparisons between it and O. pinkavae show that they are not the same taxon.
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In the Ontario Court of Appeal, the court found that the police acted validly based on their common law duty to prevent serious injury and protect lives. The Supreme Court upheld the Court of Appeal's decision.
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Araneus gadus is a species of orb weaver in the spider family Araneidae. It is found in the United States. The scientific name of the species was first validly published in 1973 by Herbert Walter Levi.
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Under the International Code of Nomenclature for algae, fungi, and plants, this term is not used. In botany, the corresponding term is validly published name. The botanical equivalent of zoology's term "valid name" is correct name.
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In zoology, the term "valid name" has a different meaning, analogous to (corresponding to) the botanical term "correct name". The term "validly published name" is more like (and it corresponds to) the zoological term "available name".
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Some researchers question whether design-based research is primarily useful as an exploratory research method geared towards producing designed artifacts, or whether it can validly test robust theories that are contingent on designed artifacts or interventions.
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Described in 1836 from new material by Boisduval, it belongs to the present genus Callicore. It is probably a junior subjective synonym of C. pygas, first validly described by Jean Baptiste Godart in 1924 as Nymphalis pygas.
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Under the International Code of Nomenclature for algae, fungi, and plants, the term validly published name has a different meaning that corresponds to zoology's available name. The botanical equivalent of zoology's term "valid name" is correct name.
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For a trust to be validly constituted it must be presented to the commissioner of stamp duty and a one-time payment of Euro 430 is made. The commissioner does not keep a copy of the document.
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All U.S. jurisdictions recognize all validly contracted out-of-state marriages under their laws of comity and choice of law/conflict of laws rules - including marriages that cannot be legally contracted domestically. Likewise, an invalidly contracted out-of-state marriage will not be valid domestically, even if it could have been validly contracted domestically. E.g. California allows first cousins to marry but Nevada does not. If two first cousins attempt to marry in Nevada, that marriage will not be valid in either Nevada or California, notwithstanding it could be legally contracted in California.
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All U.S. jurisdictions recognize all validly contracted out-of-state marriages under their laws of comity and choice of law/conflict of laws rules - including marriages that cannot be legally contracted domestically. Likewise, an invalidly contracted out-of- state marriage will not be valid domestically, even if it could have been validly contracted domestically. For example, California allows first cousins to marry but Nevada does not. If two first cousins attempt to marry in Nevada, that marriage will not be valid in either Nevada or California, notwithstanding it could be legally contracted in California.
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Authors of Plant Names (Brummitt & Powell) by Richard Kenneth Brummitt and C. E. Powell, 1992, is a print database of accepted standardized abbreviations used for citing the author who validly published the name of a taxon. The database is now maintained online at the International Plant Names Index. The book provides recommended abbreviations for authors' names that help to distinguish authors with the same surname when giving the full name of a taxon. It deals authors who validly published the name of a flowering plant, gymnosperm, fern, bryophyte, algae, fungi or fossil plants.
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The same was held to be true of episcopal consecration. The episcopate is thought to constitute the priesthood in the highest degree. It was concluded that the true priesthood was utterly eliminated from the Anglican rite and the priesthood was in no way conferred truly and validly in the episcopal consecration of the same rite. For the same reason the episcopate was in no way truly and validly conferred by it and this the more so because among the first duties of the episcopate is that of ordaining ministers for the Holy Eucharist.
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Christiaan Hendrik Persoon. 1805. Synopsis plantarum,seu Enchiridium botanicum, complectens enumerationem systematicam specierum hucusque cognitarum /curante. 1:196. It was first validly published as a genus by Aimé Bonpland in 1807.Alexander von Humboldt and Aimé Bonpland. 1807.
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Pseudomonas blatchfordae is a Gram-negative soil bacteria isolated from tomato pith necrosis and the common bean (Phaseolus vulgaris). It is not a validly recognized species. Based on 16S rRNA analysis, it falls within the P. fluorescens group.
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Zieria granulata was first formally described in 1863 by George Bentham in Flora Australiensis, following a description by Charles Moore which had not been validly published. The specific epithet (granulata) is derived from the Latin word granum meaning "grain".
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The class currently consists of 32 validly named genera across three orders and four families. The orders Veillonellales and Acidaminococcales each contain a single family, Veillonellaceae and Acidaminococcaceae, respectively, while the order Selenomonadales contains two families, Selenomonadaceae and Sporomusaceae.
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In Fernandez v. California (2014), the Supreme Court held that, when the resident who objects to the search of the dwelling is removed for objectively reasonable purposes (such as lawful arrest), the remaining resident may validly consent to search.
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Nowakowskiella is the sole genus of fungi in the family Nowakowskiellaceae. The genus was circumscribed by German mycologist Joseph Schröter in 1893, while the family was originally circumscribed by Frederick Kroeber Sparrow in 1942, and then published validly in 2009.
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Although originally placed in genus Tyromyces by Russian mycologist Appollinaris Semenovich Bondartsev in 1953, the name is invalid as it did not confirm to the rules for naming species. Josiah Lincoln Lowe transferred the fungus to Tyromyces validly in 1975.
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The High Court ruled that Xenophon's status as a British Overseas citizen did not fall within s 44(i), so that he had been validly elected. His resignation would create a casual vacancy, which would be filled in the usual way.
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Springer Verlag. The name is obsolete, having not been validly published. Species formerly placed in the Trichomycetes are now placed in the orders Harpellales and Asellariales, both in the suborder subdivision Kickxellomycotina, while Amoebidiales and Eccrinales are included in Opisthokonta.
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Land Registration (Scotland) Act 2012 s.50 The above three principles together create three stages of transfer: # The Causa # The Conveyance # The Public Act All three steps must be fulfilled in order to validly transfer real rights in Scots law.
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Habenaria vatia was first formally described in 2002 by David Jones but the name was not validly published. In 2015, Michael Mathieson validated the name and description. The specific epithet (vatia) is a Latin word meaning "bent outward" or "bowlegged".
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Minister for Home Affairs (1990). In that decision, the Court of Appeal affirmed that the legislative amendments to the Act were plain and unambiguous, and thus validly established that the subjective test of judicial review now applied to internal security matters.
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The genus was originally informally suggested by American mycologist Curtis Gates Lloyd in 1915 to contain the Australian species then known as Polyporus decipiens. Lloyd recognized that the fungus could not be referred to existing genera; its coloured spores and pore structure excluded it from Hexagonia and Trametes. Jorge E. Wright emended the generic description and published Phaeotrametes validly in 1966. In 2003, Popoff proposed the creation of the family Phaeotrametaceae to contain the fungus, but this was not validly published according to nomenclatural practice as it lacked a Latin description—a requirement at the time.
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A deliberative assembly, using parliamentary procedure, could ratify action that otherwise was not validly taken. For example, action taken where there was no quorum at the meeting is not valid until it is later ratified at a meeting where a quorum is present.
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D'Amato, Peter. 1998. The Savage Garden: Cultivating Carnivorous Plants. Ten Speed Press: Berkeley, California. pp. 157. D. andersoniana was first described and named by William Vincent Fitzgerald but was first validly published by Alfred James Ewart and Jean White-Haney in 1909.
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In the case of both Catholics – (Western and) Eastern Catholic, Oriental Orthodox and Eastern Orthodox, they are usually leaders of territorial units called dioceses (or its equivalent in the east, an eparchy). Only bishops can validly administer the sacrament of holy orders.
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The nature of the covenant requires that the two participants be one man and one woman, that they be free to marry, that they willingly and knowingly enter into a valid marriage contract, and that they validly execute the performance of the contract.
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The process, similar to quality improvement processes such as Six Sigma, continues until the learner achieves total mastery – defined as validly achieving confidence and correctness for 100% of the content twice in a row. Mastery leads to putting the knowledge into practice.
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Bartonella vinsonii is a gram-negative bacteria from the genus of Bartonella which was isolated from dogs Rochalimaea vinsonii was reclassified to Bartonella vinsonii. B. vinsonii contains three validly published subspecies B. vinsonii subsp. arupensis, B. vinsonii subsp. berkhoffii, and B. vinsonii subsp.
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In 1966, Chlamydiae were recognized as bacteria and the genus Chlamydia was validated. The order Chlamydiales was created by Storz and Page in 1971. The class Chlamydiia was recently validly published. Between 1989 and 1999, new families, genera, and species were recognized.
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Flugsaurier 2018: the 6th International Symposium on Pterosaurs. Los Angeles, USA. Abstracts: 53–56 but it was only validly published in 2020. In 2020, David W.E. Hone, Adam James Fitch, Ma Feimin and Xu Xing named and described the type species Luchibang xinzhe.
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If it was not, then the couple was validly married. The appeals court reversed the judgment. Sokol continues: ::The government argued that the wife's virginity was not an essential condition because her unchaste past has no effect on married life. The judges agreed.
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When it comes to the relationship between people and technology, the attribution of trust is a matter of dispute. The intentional stanceDennett, D.C. (1989) The Intentional Stance. Bradford Books. demonstrates that trust can be validly attributed to human relationships with complex technologies.
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A transport vehicle shall not be deemed to be validly registered unless it carries a certificate of fitness in such form containing such particulars and information as may be prescribed by the Central Government, issued by the prescribed authority, or by an authorized testing station.
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As a result, usage was uncommon and validly-used stamps are today worth about 50-100% more than unused. They are easily confused with the Italian issues used in occupied Austria; the Dalmatian overprints are distinguished by their use of a sans serif typeface.
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Lama Tsongkhapa, Ocean of Reasoning, pg. 67. Parts and wholes - being among the components that make up reality - are also merely designated by mind. Relationships between objects cannot exist without being validly designated into existence. This is the meaning of "conventional truth" in this system.
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Furthermore, regardless of the fundamental cognitive processes of the IAT, studies show that multiple implementations of the test validly measure their targeted constructs, and the psychometric value of each implementation varies as a function of its individual characteristics (e.g., construct measured, participant characteristics, testing environment).
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It followed that the second ground on which the plaintiff relied was also bad. The agreement was therefore not validly cancelled, and the court a quo ought accordingly to have dismissed the plaintiff's claim for retransfer of the property.375B. Even if there was no need for the first defendant to have been placed in mora, the appeal nevertheless had to succeed, Nestadt JA determined, because the contract was not validly cancelled for other reasons. In order to be effective, a notice of intention to cancel, as well as the notice of termination itself, had to be clear and unequivocal, and this was not the case in the instant matter.
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Catholic theology teaches that a validly contracted sacramental marriage is accompanied by divine ratification, creating a virtually indissoluble union until the couple consummate, after which the sacramental marriage is dissoluble only by the death of a spouse. An unconsummated marriage can be dissolved by the Pope, as Vicar of Christ. Once a sacramental marriage is consummated, only a separation is possible: the marriage bond cannot be dissolved by any power. In the eyes of the Church, even validly contracted natural marriages (marriages in which at least one of the parties is not baptized) cannot be dissolved by the will of the couple or by any action of the state.
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Justice White then cites circuit court opinions affirming the constitutionality of similar searches.Almeida-Sanchez, 413 U.S. at 295-98. He would hold that both stopping the vehicle and searching it was reasonable and that INA Section 287(a)(3) was validly applied.Almeida-Sanchez, 413 U.S. at 299.
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The generic name Repetobasidiopsis alludes to the proliferating, or repeating, basidia. Two years later the genus was published validly. Repetobasidiopsis grandispora is found in Eastern Himalaya, India, where it grows on decaying bamboo. It has a monomitic hyphal system with generative hyphae measuring up to 2.3 μm.
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Hypolepis poeppigii is a fern species in the family Dennstaedtiaceae that has no common name. It was first described by German botanist Georg Heinrich Mettenius, but his description was not considered validly published, and American botanist William Ralph Maxon later described the species in a valid publication.
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Although the fungus is one of the most common in Central Europe, the species was not validly described until 1968 by German mycologist Frieder Gröger. Before this, L. deterrimus was regarded as a variety of L. deliciosus (L. deliciosus var. piceus, described by Miroslav Smotlacha in 1946).
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Orpen obtained her "power" from her father; she could not exercise it unless she survived her father. Because he was still alive when she died, she could not exercise rights left to her in his will. She could only validly exercise her rights if she survived him.
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The Chapter understood this lack of condemnation as implied consent. Unlike his uncle, John Leyburn regarded the Old Chapter as validly erected, and confirmed by the Holy See,Dictionary of National Biography, Leyburn, John, D.D. (1620–1702), catholic prelate, by Thompson Cooper. Published 1892. and became its Secretary.
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An important requirement to be met by a patent in order to be validly granted. According to this requirement, an invention must be described in the application or patent in a sufficiently clear and complete manner to enable the person skilled in the art to carry out the invention.
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Utricularia sect. Nigrescentes is a section in the genus Utricularia. The three species in this section are small terrestrial carnivorous plants native to tropical Africa, Asia, and Australia. Daniel Oliver originally validly described and published this section in 1859, but did not specify the rank used by the group.
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Each jamo is assigned to a single key. As the user types letters, the computer automatically groups them into syllabic characters. Given a sequence of jamo, there is only one unambiguous way letters can be validly grouped into syllables, so the computer groups them together as the user types.
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Sexual desire may not be as directly or reliably testable as sexual arousal, which can be validly and reliably assessed by monitoring genital and other physiological arousal. No test exists that can definitely measure sexual desire.Diamond, L.M. (2004). Emerging perspectives on distinctions between romantic love and sexual desire.
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However, Gray did not include a description, but cited a vague reference to "Watsonii, p.?, Schlegel." Johann Palacky also validly used argentinus, following Gray's treatment. With exception to these two works, most authors of the 19th and early 20th centuries took heed to Schlegel's assessment,For example , , , , and .
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In terms of taxonomy, "S. coelicolor A3(2)" belongs to the species S. violaceoruber, and is not a validly described separate species; "S. coelicolor A3(2)" is not to be mistaken for the actual S. coelicolor (Müller), although it is often referred to as S. coelicolor for convenience.
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Canonical faculties, in the canon law of the Roman Catholic Church, are ecclesiastical rights conferred on a subordinate, by a superior who enjoys jurisdiction in the external forum. These rights then allow the subordinate to act, in the external or internal forum, validly or lawfully, or at least safely.
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Can the U.S. Commission on Civil Rights Be Saved? Time Kirsanow sued, claiming Wilson's tenure had expired and he had been validly appointed. Wilson won in federal district court but ultimately lost on appeal in 2002, and the court ordered the seating of Kirsanow following a lengthy legal battle.
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From the Prāsaṅgika perspective, in order for something to exist, it must be designated validly by a designating consciousness. To talk about an object that does not exist in relation to a subject is incoherent.Geshe Kelsang Gyatso, Understanding the Mind Pp 9 Anything which comes into existence through valid designation is part of "conventional reality" or "conventional truth." According to Lama Tsongkhapa, something is validly designated (exists conventionally) if it meets all of the following three conditions: # It is known to a conventional consciousness; # No other conventional cognition (within that convention) contradicts it from being thus known; # Reason that accurately analyzes reality — that is, analyzes whether something intrinsically exists — does not contradict it.
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The defendants raised a preliminary issue as to how a party validly exercised a right of appropriation in law. This preliminary issue would eventually be appealed all the way to the Privy Council, and was the first ever hearing in relation to how one exercised the right. Cukurova alleged that because the companies never updated their share registers to record a change of title to the shares, then no valid appropriation could have taken place. In November 2007, after hearing opposing expert evidence on English law (which, in the BVI courts, is treated as foreign law) from Lord Millett and Professor Ross Cranston the BVI court held that Alfa had not in law validly appropriated the shares.
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The copy protection schemes described above have all been criticized for causing problems for validly licensed users who upgrade to a new machine, or have to reinstall the software after reinitializing their hard disk. Some Internet product activation products allow replacement copies to be issued to registered users or multiple copies to the same license. Like all software, copy-protection software sometimes contains bugs, whose effect may be to deny access to validly licensed users. Most copy protection schemes are easy to crack, and once crackers circumvent the copy protection, the resulting cracked software is then more convenient and hence more valuable than the non-cracked version, because users can make additional copies of the software.
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Burkholderia species form a monophyletic group within the Burkholderiales order of the Betaproteobacteria. Currently, the 48 validly named species can be distinguished from related genera (i.e. Paraburkholderia) and all other bacteria by conserved signature indels in a variety of proteins. These indels represent exclusive common ancestry shared among all Burkholderia species.
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Under Kansas law, "[m]arriage may be validly solemnized [by] [a]ny currently ordained clergyman or religious authority of any religious denomination or society",Kansas Codified Statutes Ch. 23-2504(b)(1). and as of 2011 no court or administrative ruling had excluded those ordained as ministers of the ULC.
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Stockmann, J. F. Lock, M. Malinowski, et al. The LiMAx test: a new liver function test for predicting postoperative outcome in liver surgery. HPB 2010;12(2):139-46 Moreover, Lock et al. showed that the onset and course of liver regeneration after liver surgery could be validly displayed using LiMAx.
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Pursuant to the Supremacy Clause, U.S. Const. art. VI, para. 2, state laws that are contrary to validly enacted federal law are void. The opinion is also significant because the Court, without discussion, permitted a Medicaid suit to proceed where the cause of action was conferred by the Supremacy Clause.
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Coccinea (1 species) :::B. sect. Oncostylis (3 series, 22 species, 4 subspecies, 11 varieties) ::B. subg. Isostylis (3 species) In a later publication, George would refer to this series by the name B. ser. Banksiae, but this is probably a typographical error, as the name has not been validly published.
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The name was first published in Nepenthes of Mount Kinabalu, but was a nomen nudum at the time as it lacked an adequate description and information on the type specimen. The name was subsequently published validly by Kurata in 1984.Kurata, S. 1984. Journal of Insectivorous Plant Society 35: 65.
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Glomerellales is an order of fungi within the subclass Hypocreomycetidae. Unlike other orders within Hypocreomycetidae, members of the Glomerellales exhibit a darkly pigmented perithecia. The order was first recognized by Chadefaud (1960), although it was not validly published at this time. It has since been cited by Lanier et al.
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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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Brandy v Human Rights and Equal Opportunity Commission (HREOC) was a case before the High Court of Australia determining that the HREOC could not validly exercise judicial power.. The High Court maintained a firm position against attempts to confer judicial powers upon non-judicial bodies. [2008] Federal Judicial Scholarship 8.
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Overall, elections were reported to have gone smoothly, and several international observers were allowed access. On July 8, 2011, the Election Commission released detailed election results indicating 194,952 of 347,938 registered voters had cast ballots. Postal ballots constituted just over 19,000 of those eligible, however only some 16,000 were validly returned.
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After reviewing Salisbury's original species description, which is of the leaves alone, he concluded that it does not diagnose the species to the exclusion of others and is hence not a validly published name—the description could have applied to juvenile leaves of B. paludosa, B. integrifolia or even B. marginata.
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Based upon her conclusion that C. bohlini was a nomen dubium, Arbour suggested a new generic name for the second species: Crichtonpelta, for the time being an invalid nomen ex dissertatione. However, in 2015, the name was validly published and it was officially separated from the dubious type species C. bohlini.
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It can be performed as validly for bad works as good ones. In fact, it can be performed for any expression, nonliterary or literary. Thus an historical/biographical study of literature fails on two counts: it cannot tell good literature from bad, and cannot distinguish literature from other cultural productions.
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After Glencombe made a successful bid, the council told Glencombe the property would be purchased in its slum clearance programme. So Glencombe refused to pay Overbrooke. Overbrooke sought specific performance. It was contended that any liability for misrepresentation had been validly excluded under s 3 of the Misrepresentation Act 1967.
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Macfarlane 1914, p. 127. The name N. × kinabaluensis was first published in Shigeo Kurata's 1976 book, Nepenthes of Mount Kinabalu, but was a nomen nudum at the time as it lacked an adequate description and information on the type specimen. The name was subsequently published validly by Kurata in 1984.Kurata, S. 1984.
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On June 13, 2013, the Supreme Court of the United States unanimously upheld lower court rulings in Tarrant Regional Water District v. Herrmann, holding that Oklahoma state water laws validly barred state entities from selling water for out-of-state use, via the Red River Compact among Oklahoma, Texas, Arkansas and Louisiana.
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Justice Thomas wrote a separate concurring opinion in which he noted that he still thinks Kelo v. New London was wrongly decided and that the reserve raisins probably were not validly taken for a public use. He argued that remand, therefore, would be "fruitless" because just compensation is only calculated for valid takings.
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Armitage v Nurse [1997] EWCA Civ 1279 is the leading decision in English trusts law concerning the validity of exemption clauses. The Court of Appeal held that in English law trustee exemption clauses can validly exempt trustees from liability for all breaches of trust except fraud. Millet LJ gave the leading judgment.
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A field trip to Darwin. Carnivorous Plant Newsletter, 20(4): 114-123. It is native to northern Australia (Queensland, the Northern Territory, and Western Australia) and Southeast Asia (Papua New Guinea and Western New Guinea). D. banksii was originally described by Robert Brown and validly published by Augustin Pyramus de Candolle in 1824.
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However, Cook did not validly publish it, making the name invalid. Liberty Hyde Bailey kept the species in the genus Attalea. S. F. Glassman considered it close to the genus Orbignya, but suggested that it may represent a new genus. Recent work has favoured maintaining these taxa in a single genus, Attalea.
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Alessio, has never been validly published and is a nomen nudum. Boletus luridus f. sinensis, found in Hainan Province, China, was later elevated to species status and transferred to another genus with the name Neoboletus sinensis. Boletus luridus was the type species of Boletus section Luridi, originally circumscribed by Fries in 1838.
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Candidatus Rhabdochlamydia is a genus of intracellular bacteria; a separate family, Candidatus Rhabdochlamydiaceae, has been proposed for this genus. Candidatus Rhabdochlamydia species have not been cultured in vitro and have not been deposited in culture collections. Two Rhabdochlamydia species have been characterized and validly proposed. Their ribosomal RNA genes are 96.3% identical.
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Rather, the Court held, that a proper judicial hearing, in which full procedural rights would be afforded, including the right to counsel and to cross-examine witnesses, was necessary for such a finding. In their dissents, Justices O'Connor and White claimed that execution of the insane was not per se unconstitutional. The Justices further commented, however, that states had a right to create certain protected liberties in state statutes, of which a prohibition on the execution of the insane was a liberty which could be validly created. Once validly created by a state, that liberty interested required the minimum due process protections afforded to other constitutionally protected liberties, in which sole action by the executive branch, as in this case, would still fail to provide.
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Kristó 1986, p. 34. He held the voivodeship until the sudden death of Stephen V in August 1272, after that he was replaced by Nicholas Geregye, a former supporter of Béla IV.Engel 2001, p. 382. Only a validly assumed non-authentic charter refers to Matthew II as voivode in April 1273.Zsoldos 2011, p. 38.
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The mitochondria of eukaryotes are thought to be descendants of an alphaproteobacterium. The Betaproteobacteria are highly metabolically diverse and contain chemolithoautotrophs, photoautotrophs, and generalist heterotrophs. The type order is the Burkholderiales, comprising an enormous range of metabolic diversity, including opportunistic pathogens. The Gammaproteobacteria are the largest class in terms of species with validly published names.
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In 1791 Joseph Gaertner included a species of Aiphanes in his De Fructibus et Seminibus Plantarum, calling it Bactris minima. This is the oldest validly published name for any member of the genus. The name Aiphanes was coined by German botanist Carl Ludwig Willdenow in 1801. He described a single species, A. aculeata, in 1806.
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The parity commission failed, leaving Lambert's supporters organised in the Fourth International (ICR). In 1996 the Fourth International (ICR) reproclaimed the Fourth International and goes by that name since. Under his real name of Pierre Boussel, Lambert was candidate at the presidential election in 1988. He gathered 116,823 votes (0.39% of validly cast ballots).
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Bawden was ordained a priest and then consecrated a bishop on December 11, 2011, by an episcopus vagans, Bishop Robert Biarnesen of the Duarte-Costa and Old Catholic episcopal lineages. Therefore he says he is able to validly confect Catholic sacraments, offer the Mass, ordain other men to the priesthood, and consecrate them as bishops.
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The family Bignoniaceae was first validly published in the botanical literature (as Bignonieae) by Antoine Laurent de Jussieu in 1789 in his classic work, Genera Plantarum.James L. Reveal. 2008on. "Bignoniaceae" In: A checklist of suprageneric names for extant vascular plants At: Home page of James L. Reveal & C. Rose Broome. (See External links below).
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Randolph (2006), in which the court held that a third party could not consent over the objections of a present co-occupant, and Fernandez v. California (2014), where the court held when the objecting co-resident is removed for objectively reasonable purposes (such as lawful arrest), the remaining resident may validly consent to search.
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Eois is a genus of moths in the family Geometridae. The genus contains about 250 validly described species, most from the Neotropical region. Many species are still undescribed and the total number of species is estimated to be over a 1,000 in the Neotropical region alone. The genus was first described by Jacob Hübner in 1818.
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Originally described by Johan Peter Rottler, the species name was validly published by Curt Polycarp Joachim Sprengel in 1825. A. tuberosum is classified within Allium in subgenus Butomissa (Salisb.) N. Friesen, section Butomissa (Salisb.) Kamelin, a group consisting of only A. tuberosum and A. ramosum L., which have been variously regarded as either one or two genetic entities.
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Brett Larsen v Rick Dees Ltd is a decision of the Supreme Court of New Zealand issued on 1 June 2007. It considered whether a contract for purchase of land is validly completed where settled with a transfer of funds electronically within the time limit stipulated by the parties while notification of this transfer was out of time.
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Because Clavaria Stackh. was also validly published, Donk in 1949 proposed that Clavaria Stackh. be rejected as a homonym of Clavaria Fries and that the latter name be retained as a nomen conservandum (conserved name). This proposal was moved by Doty (1948), recommended for adoption by Rogers (1949), and approved by the Special Committee for Fungi.
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Dischidia diphylla was described by Adolph Daniel Edward Elmer but never validly published since Elmer failed to include Latin diagnoses or descriptions for the species he described after 1934. This species is known from the Philippines on Luzon Island. It is considered to be one of the ant plants and has large imbricate leaves. The flowers are yellow.
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Boletus caucasicus is a species of bolete fungus in the family Boletaceae. It was first described as a variety of Boletus luridus in 1947 by Rolf Singer, then as an independent species by Singer in 1966. The name change in the latter publication was invalid, so Carlo Luciano Alessio published the new combination validly in 1985.
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It was not validly published as they did not attach a description of the plant. In 1892, Baker published an article on it in the 'Handbook of the Iridaceae' Vol.16. on Aug–Nov 1892, but thought that it was a synonym of Iris orientalis. It was later published as Iris kerneriana in 'Gardening Illustrated' Vol.
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Agaricomycetidae is a subclass of fungi, in the division Basidiomycota. The name Agaricomycetidae had previously been named by Marcel Locquin in 1984, but his publication did not contain a Latin diagnosis and it is therefore invalid under the International Code of Nomenclature for algae, fungi, and plants. It was subsequently validly published by Erast Parmasto in 1986.
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See s 17 of the SA Reserve Bank Act 90 of 1989. Payment may be made by cheque, depending upon its being honoured. Performance other than of what is due (called substituted performance, or datio in solutum) may be rendered if the creditor consents; if he does consent, and the payment is so rendered, the obligation is validly discharged.
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In 2016, in commemoration of the Extraordinary Jubilee of Mercy, Pope Francis granted permission for priests of the Society of Saint Pius X to validly confer absolution, while they previously did not possess the jurisdiction needed to confer this sacrament. At the end of the Jubilee of Mercy, Pope Francis allowed this permission to continue indefinitely.
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The Aquificae currently contain 15 genera and 42 validly published species. The phylum comprises a single class and two orders. Aquificales consists of the families Aquificaceae and Hydrogenothermaceae, while the Desulfurobacteriaceae are the only family within the Desulfobacteriales. Thermosulfidibacter takaii is not assigned to a family within the phylum based on its phylogenetic distinctness from both orders.
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The U.S. Court of Appeals for the Third Circuit affirmed the decision of the District Court.Delaware Nation v. Pennsylvania, 446 F.3d 410 (3d Cir. 2006). The Third Circuit upheld that aboriginal title may validly be extinguished by fraud, and further held that the tribe had waived the issue of whether Penn was actually a sovereign purchaser.
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In: "Miscellaneous Botanical Notes VI". Blumea 7(3):595-598. In that paper, van Steenis transferred the second species to Exbucklandia, because Roland Brown had not explicitly done so in 1946. Thus van Steenis originated the combination Exbucklandia tonkinensis, but not validly, because he failed to cite the publication of the basionym as the ICBN has required since 1953.
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It is relatively easy to grow indoors and is usually the first tropical pitcher plant seen by consumers due to its availability in many garden shops and home centres. The cultivar N. 'LeeAnn Marie' is a later synonym of N. × ventrata, although the name is not established as it was not validly published.Schlauer, J. N.d. Nepenthes 'LeeAnn Marie' .
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Scopuloides was first proposed by George Edward Massee in 1890 as a subgenus of Peniophora, then raised to generic status by Franz von Höhnel and Viktor Litschauer in their 1908 work on Austrian crust fungi. Kurt Hjorstam and Leif Ryvarden suggested that the genus was not published validly, but it was accepted as valid by other authorities.
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Where College Savings Bank was an action brought under the Lanham Act, Florida Prepaid was a concurrent action brought under the Patent and Plant Variety Protection Remedy Clarification Act. Although it was unnecessary to reach the question of whether Congress had validly abrogated Florida's sovereign immunity in College Savings Bank, the question was unavoidable in Florida Prepaid.
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In calculus, interchange of the order of integration is a methodology that transforms iterated integrals (or multiple integrals through the use of Fubini's theorem) of functions into other, hopefully simpler, integrals by changing the order in which the integrations are performed. In some cases, the order of integration can be validly interchanged; in others it cannot.
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SAR11 bacteria are responsible for much of the dissolved methane in the ocean surface. They extract phosphate from methylphosphonic acid. Although the taxon derives its name from the type species P. ubique (status Candidatus species), this species has not yet been validly published, and therefore neither the order name nor the species name has official taxonomic standing.
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V.N. Ladygensky mentioned that "a dacha in Crimea, in Аutka, near Yalta, was validly constructed, excellent". From the study one can see the seafront that inspired "The Lady with the Dog", and at the back the scene that inspired the setting of The Cherry Orchard is visible. He also wrote the Three Sisters and The Bishop on the site.
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Many reference sources on the web describe it as L. lineata, but its inclusion in that species has not been validly determined. Efforts to induce the plant to form a sporophyte have failed, which may indicate status as a new species. This plant was first mis-identified as Pellia endiviifolia before the analysis that determined its true status.
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Bankera is a genus of four species of tooth fungi in the family Bankeraceae. The genus was first circumscribed in 1951 by William Chambers Coker and Alma Holland Beers, but this publication was invalid according to the rules of botanical nomenclature. It was later published validly by Zdeněk Pouzar in 1955. The type species is B. fuligineoalba.
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Therefore, take Foundations of Arithmetic off the table! Notice that this argument is composed of both imperatives and declaratives and has an imperative conclusion. Mixed inferences are of special interest to logicians. For instance, Henri Poincaré held that no imperative conclusion can be validly drawn from a set of premises which does not contain at least one imperative.
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The generic name combines a reference to Michael Crichton, the author of Jurassic Park, with a Greek πέλτη, peltè, "small shield". At the time this was an invalid nomen ex dissertatione. However, in 2015, Crichtonpelta was validly named by Arbour and Philip John Currie. The type species is Crichtonsaurus benxiensis; the combinatio nova is Crichtonpelta benxiensis.
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They held liability had not been validly excluded, because in agreement with the judge he felt that it did not pass the reasonableness test under MA 1967 s 3. Shaw LJ agreed. Lord Denning MR dissented saying that there were reasonable grounds to prefer the Lloyd’s Register. He also argued that the exclusion clause was valid, and was reasonable.
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Corymbia aparrerinja was first formally described in 1995 by Ken Hill and Lawrie Johnson from specimens collected on Gosses Bluff by Herbert Basedow in 1925. The same specimens were used by William Blakely to describe (in English), Eucalyptus papuana F.Muell. var. aparrerinja, but did not provide a Latin diagnosis ("description"), so the name was not validly published.
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In ruling on the disputes between Prop 22 and the domestic partnership enactments, California Courts of Appeal have reached differing conclusions as to Prop 22's scope within the marriage statutes. In Armijo v. Miles, the Second Appellate District distinguished Prop 22 from the case at bar by noting, in part, that the initiative prevented the recognition of same-sex marriages conducted outside California: > The legislative analysis and the ballot arguments readily demonstrate that > Proposition 22 was crafted with a prophylactic purpose in mind. It was > designed to prevent same-sex couples who could marry validly in other > countries or who in the future could marry validly in other states from > coming to California and claiming, in reliance on Family Code section 308, > that their marriages must be recognized as valid marriages.
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Société Générale had not given clear notice to Geys about the payment. It was only on 6 January, when Geys received Société Générale's letter of 4 January, that the contractual right to terminate under the pay in lieu of notice method was validly exercised. Only then did Gey's employment with Société Générale come to an end.[54]-[61] Lord Hope said the following.
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Utricularia stygia, the arctic bladderwort or Northern bladderwort, is an affixed aquatic carnivorous plant that belongs to the genus Utricularia. U. stygia is native to northern Europe and North America. This species was originally published by Göran Thor in 1987 but the description was not in Latin and was therefore nomenclaturally invalid. Thor validly published the species a year later.
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In 2011, the novel genus Kyrpidia was proposed and placed in family Alicyclobacillaceae, and Tumebacillus was placed into the family as well. In 2014, the novel genus Effusibacillus was proposed and added as the fourth member of Alicyclobacillaceae. Alicyclobacillus is the largest genus in Alicyclobacillaceae, with over 20 validly published species. The species are all acidophilic and have thermally resistant endospores.
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The penitent then prays an act of contrition and the priest administers absolution, formally forgiving the person's sins.Kreeft, Catholic Christianity (2001), p. 344 A priest is forbidden under penalty of excommunication to reveal any matter heard under the seal of the confessional. Penance helps prepare Catholics before they can validly receive the Holy Spirit in the sacraments of Confirmation (Chrismation) and the Eucharist.
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Growing up on a farm in Kenya, he played street football with his friends as a recreational activity. Next, he milked livestock for a living and was sometimes allotted less than 300 dollars a month. A dealer observed his physical vigor in a local match and offered him an opportunity to play his trade abroad in Vietnam. Immediately, he validly accepted the offer.
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Phlebiella was circumscribed by mycologist Petter Adolf Karsten in 1890. It was pointed out later by Marinus Anton Donk that Karsten did not publish the genus validly, as he did not include a give a generic description. Some authorities have placed Phlebiella in synonymy with Xenasmatella, and the type species, Phlebiella vaga, is placed in this latter genus as Xenasmatella vaga.
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In those states, the right to a jury trial belongs exclusively to the criminal defendant, and the prosecution cannot obtain a jury trial if the defendant has validly waived their right to one. In Patton v. United States,Patton v. United States, one of the jurors became incapacitated and counsel for the defendant and the government agreed to continue with 11 jurors.
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At the VIIIth Congress of "Our Moldova" Alliance, held on December 12, 2009, Victor Osipov was elected as the first deputy chairperson of the party. In 2010, he participated at the parliament elections with the Our Moldova Alliance (No. 2 in the list). The Alliance did not exceed the 4% electoral threshold, accruing only 2.05% of the votes validly cast.
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When abbreviations are used, the ICN recommends that Brummitt & Powell's Authors of plant names (1992), and the websites, the International Plant Names Index (www.ipni.org) and the Index Fungorum (www.indexfungorum.org) can be used to find "unambiguous" abbreviations. Brummitt & Powell may not be international in scope, and it may be missing abbreviations for authors who validly published taxa during some time spans.
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She did not stand in the way of her deputy clerks issuing marriage licenses, and claimed she would not in the future. However, she questioned the validity of the licenses issued, as they were not issued with her permission or authority. That same day, Governor Beshear stated the licenses were validly issued and would be recognized as valid by the state.
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Not all species of this large genus have been discovered yet, let alone validly described and named. Several small genera, e.g. Biselachista and Cosmiotes, are here included in Elachista as junior synonyms (see below). They seem to be at least as closely related to E. bifasciella (the type species of the present genus) than other species commonly placed here, if not actually closer.
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This schism marked the birth of the movement that would later be known as the Old Catholic Church (a term coined in 1853 for the Catholics of Utrecht), and it marked the beginning of an era in the Western Church, in which validly-consecrated bishops enjoyed apostolic succession but were not subject to the structures and strictures of the Roman Church.
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The Thermomicrobia is a group of thermophilic green non-sulfur bacteria. Based on species Thermomicrobium roseum (type species) and Sphaerobacter thermophilus, this bacteria class has the following description: The class Thermomicrobia subdivides into two orders with validly published names: Thermomicrobiales Garrity and Holt 2001 and Sphaerobacterales Stackebrandt, Rainey and Ward-Rainey 1997. Gram negative. Pleomorphic, non-motile, non- spore-forming rods. Non-sporulating.
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In most patent laws, an (alleged) invention must be new and inventive (or non-obvious, which is basically synonymous of inventive) to be considered patentable, i.e., to be validly patented. An invention is considered new if it does not form part of the prior art (or state of the art), i.e., if it was not already disclosed in the prior art.
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The name "Phyllanthaceae" was first validly published by Ivan Ivanovich Martynov in 1820 in a Russian book entitled Tekhno-botanico Slovar. A proposal to conserve this name was published in 2007. Martynov's name was rarely used in the 180 years after he published it. During that time, the plants that are now in Phyllanthaceae were placed in the large and heterogeneous family Euphorbiaceae.
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Article 26 detail the electoral requirements. The president shall be elected by direct ballot, with an absolute majority of the votes validly cast. A two-round system is used. In order to win the election in the first round, the winning candidate's party must receive more than 50 percent of the valid votes leaving out of the count blank and spoiled votes.
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Scott D. Sampson, Lund, Mark A. Loewen, Andrew A. Farke and Katherine E. Clayton validly named it in 2013, emending the generic name to Nasutoceratops. The type species is Nasutoceratops titusi. The generic name comes from nasutus in Latin meaning "large-nosed", and ceratops, "horned-face" in Greek. The specific name honors Alan L. Titus for recovering fossils of Nasutoceratops from the GSENM.
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They are lactose fermenting, cytochrome-oxidase negative and catalase positive. Glucose is fermented with the production of gas. Colonies growing on MacConkey agar (MAC) are circular, convex and smooth with non-entire margins and an usually elevated center. Three species are currently validly included in the genus Phytobacter, which is still included within the Kosakonia clade in the lately reviewed family of Enterobacteriaceae.
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The judge held that the termination of their employment was to prevent them becoming eligible so they should be paid the linked salaries and because they were in fact entitled to reasonable notice they got the options. The Court of Appeal of Bermuda held that the employment was validly terminated and they were not entitled to participate in the share option scheme.
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"Pakisaurus" (meaning "Pakistan lizard") is an informal taxon of titanosaurian sauropod from the Late Cretaceous of Balochistan, western Pakistan. The proposed species is "P. balochistani", and it was validly named by M. Sadiq Malkani in 2006, based on four tail vertebrae, found in the Maastrichtian-age Vitakri Member of the Pab Formation. Three additional tail vertebrae have been assigned to it.
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The genus Ophioderma are distinctive ferns (or fern-allies) in the family Ophioglossaceae. Ophioderma is closely related to, and sometimes treated as a subgenus of, the genus Ophioglossum. It includes the genus formerly known as Cheiroglossa. Recent genetic analysis has indicated that the two genera should be treated as one, and Ophioderma has precedence by being validly published at an earlier date.
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An invalidly published name is a nomen invalidum or nom. inval.; a rejected name is a nomen rejiciendum or nom. rej.; a later homonym of a validly published name is a nomen illegitimum or nom. illeg.; for a full list refer the International Code of Nomenclature for algae, fungi, and plants (ICNafp) and the work cited above by Hawksworth, 2010.
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In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity,Annulment/Decree of Nullity, EWTN.com, accessed 9/11/2015 is a judgment on the part of an ecclesiastical tribunal determining that a marriage was invalidly contracted or, less frequently, a judgment determining that ordination was invalidly conferred. A matrimonial nullity trial, governed by canon law, is a judicial process whereby a canonical tribunal determines whether the marriage was void at its inception (ab initio). A "Declaration of Nullity" is not the dissolution of an existing marriage (as is a dispensation from a marriage ratum sed non consummatum and an "annulment" in civil law), but rather a determination that consent was never validly exchanged due to a failure to meet the requirements to enter validly into matrimony and thus a marriage never existed.
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The Catholic Church doctrine on the ordination of women, as expressed in the current canon law and the Catechism of the Catholic Church, is that: "Only a baptized man (In Latin, vir) validly receives sacred ordination."Codex Iruis Canonici canon 1024, c.f. Catechism of the Catholic Church 1577 Insofar as priestly and episcopal ordination are concerned, the Church teaches that this requirement is a matter of divine law, and thus doctrinal."The Catholic Church has never felt that priestly or episcopal ordination can be validly conferred on women," Inter Insigniores, October 15, 1976, section 1 The requirement that only males can receive ordination to the diaconate has not been promulgated as doctrinal by the Church's magisterium, though it is clearly at least a requirement according to canon law.Canonical Implications of Ordaining Women to the Permanent Diaconate, Canon Law Society of America, 1995.
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In 2015, the Supreme Court held in a 5–4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution and required all states to issue marriage licenses to same-sex couples and to recognize same-sex marriages validly performed in other jurisdictions.
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At first instance, the District Court of Northern Alberta, Stuart J. ruled that the proceeds of the bond issue were within the Province, and therefore the matter was one of a local nature in it. Accordingly, the Act was validly passed and judgment was issued in favour of the Province. The judgment was upheld by the Supreme Court of Alberta in a unanimous decision.
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Though this species was only scientifically described in 2013, the binomen Nepenthes viridis first appeared in print more than 150 years earlier. Johannes Elias Teijsmann used this name in 1859 to describe a cultivated plant of indeterminate identity, possibly N. mirabilis. Teijsmann's name is considered a nomen nudum (not a validly published name) and was therefore available for describing the present species.Suarez, W. 2013.
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The tree was created by maximum likelihood analysis without bootstrap: consequently accuracy is traded off for size and many phylum level clades are not correctly resolved (such as the Firmicutes). (Eukaryotes not present in analysis). This 16S rRNA-based phylogenetic tree is based on the ARB-SILVA release LTPs 121 (June 2015) and contains all type species with validly published names up to December 2014.
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The Court was asked to determine if a former member of the Quebec Bar satisfied the Supreme Court Act's requirements. By a 6–1 decision, the Court held that only current members of the Quebec Bar or a Quebec Superior Court satisfied the requirements and could validly be appointed. Consequently, Nadon's appointment was quashed. Moldaver disagreed with the majority and wrote a strong dissent.
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Personnel have been increasingly isolated from the other organs of government, no longer sitting in the House of Lords or in the Cabinet. The court's ability to legislate through precedent, its inability to question validly enacted law through legislative supremacy and parliamentary sovereignty, and the role of the Europe-wide institutions to legislate, execute and judge on matters also define the boundaries of the UK system.
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Smith is a specialist in the application of statistics to the general record of human evolution; specifically, how the information of the necessarily incomplete human fossil record can be validly used for complex inferences. He specifically is concerned with the evolution of the human brain, the craniofacial skeleton and gender differences in body size. WUSTL News He has also published studies making use of phylogenetic comparative methods.
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Mwau polled 10,449 votes and later petitioned the High Court to declare him the only validly nominated candidate, as other candidates did not present the list of supporters nominating them using the correct paper size. The case was dismissed by the High Court. Prior to his career as a politician, he was a sports shooter and competed at the 1968 Summer Olympics and the 1972 Summer Olympics.
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"Press conference details marriage law reforms", Radio Vatican, accessed 11 October 2015. The Catholic Church teaches that, in a true marriage, one man and one woman become "one flesh" before the eyes of God. Various impediments can render a person unable to validly contract a marriage. Besides impediments, marriage consent can be rendered null due to invalidating factors such as simulation or deceit, or to psychological incapacity.
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Kirsanow sued, claiming Wilson's tenure had expired and he had been validly appointed. Wilson won in federal district court but ultimately lost on appeal in 2002, and the court ordered the seating of Kirsanow. The dispute determined which political party would have a majority of the board's members. Berry left office before the expiration of her term in late 2004 and was succeeded by Gerald A. Reynolds.
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Sometimes a law may be a justifiable limitation on a particular fundamental right. This means that, although the law or conduct infringes the right, the infringement (which is called a limitation) is justifiable. While infringing conduct itself cannot validly limit a fundamental right, the challenged conduct may be authorised by law. If the law passes the limitations test, the conduct it authorises will survive a constitutional challenge.
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Freedom of speech had a limited background in Canada. It has been an issue in federalism disputes, as provincial legislation infringing upon free speech has been taken as criminal legislation, which only the Parliament of Canada can validly create under section 91(27) of the Constitution Act, 1867. Switzman v Elbling[1957] SCR 285. is an example of a case in which this was discussed.
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While perfect contrition forgives serious sin, one must also have the intention to fulfill Church teaching and confess the sin if or when it becomes possible.Enchiridion symbolorum, 1676-78. In order for the sacrament of Penance to be validly celebrated, the penitent must confess all mortal sins. If the penitent knowingly conceal any mortal sin, then the confession is invalid and the penitent incurs another sin: sacrilege.
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However, it still remains valid that only registration in the Land Register is capable of transferring or creating real rights (or rights in rem).Land Registration (Scotland) Act 2012 s.50 The above three principles together create three stages of transfer: # The Causa # The Conveyance # The Public Act All three steps must be fulfilled in order to validly transfer real rights in Scots law.
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Indeed, rusty fig is an alternate common name; others include Illawarra fig and Port Jackson fig. It was known as damun (pron. "tam-mun") to the Eora and Darug inhabitants of the Sydney basin. In 1806, German botanist Carl Ludwig Willdenow gave it the botanical name Ficus australis in Species Plantarum, but this is a nomen illegitimum as the species already had a validly published name.
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Two independent candidates were validly nominated: John Hemming-Clark and Nick Hadziannis. The English Democrats selected Steven Uncles and candidates from the Money Reform Party and the National Front also ran. The Money Reform Party was a minor political party. As per the Senior Electoral Officer of Bromley Council, the electorate for this by-election was 72,206, an increase of 1.50% from the 2005 election.
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Phanerochaetaceae was first conceived by Swedish mycologist John Eriksson in 1958 as the subfamily Phanerochaetoideae of the Corticiaceae. It was later published validly by Erast Parmasto in 1986, and raised to familial status by Swiss mycologist Walter Jülich in 1982. The type genus is Phanerochaete. In 2007, Karl-Henrik Larsson proposed using the name Phanerochaetaceae to refer to the clade of crust fungi clustered near Phanerochaete.
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Rutabaga has a complex taxonomic history. The earliest account comes from the Swiss botanist Gaspard Bauhin, who wrote about it in his 1620 Prodromus. Brassica napobrassica was first validly published by Carl Linnaeus in his 1753 work Species Plantarum as a variety of B. oleracea: B. oleracea var. napobrassica. It has since been moved to other taxa as a variety, subspecies, or elevated to species rank.
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The holotype consists of a well-preserved, fully ossified braincase with a partial skull roof, along with isolated teeth and osteoderms. In 2004, Jolyon Parish and Paul Barrett concluded that the type species of Amtosaurus, Amtosaurus magnus, was a nomen dubium, a dubious name. This implied that no other species could be validly referred to the genus Amtosaurus. A. archibaldi should be reassigned to a new taxon.
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However the last ruling emperor of Imperial Russia Nicholas II had deemed marriage in this family of Princess Tatiana Constantinova in 1911, as morganatic. Some controversy therefore arises as to whether Vladimir's marriage to Leonida was equal or morganatic, and whether his claim to the Imperial throne validly passed to his daughter Maria, to some other dynast, or to no one upon his death.Eilers, Marlene.
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An "authority" may be placed after a scientific name. The authority is the name of the scientist or scientists who first validly published the name. For example, in 1758 Linnaeus gave the Asian elephant the scientific name Elephas maximus, so the name is sometimes written as "Elephas maximus Linnaeus, 1758". The names of authors are frequently abbreviated: the abbreviation L., for Linnaeus, is commonly used.
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Individual character constants are single-quoted, e.g. , and have type (in C++, ). The difference is that represents a null-terminated array of two characters, 'A' and '\0', whereas directly represents the character value (65 if ASCII is used). The same backslash-escapes are supported as for strings, except that (of course) can validly be used as a character without being escaped, whereas must now be escaped.
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The president's primary role in the exercise of legislative power to make laws is assenting to bills passed by Parliament.Constitution, Art. 58(1). As the president exercises this constitutional function in accordance with Cabinet's advice and not in their personal discretion except in certain circumstances,Constitution, Art. 21(2)(c). in general he or she may not refuse to assent to bills that Parliament has validly passed.
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Caladenia serotina was first formally described in 1992 by Stephen Hopper and Andrew Phillip Brown in Orchids of South-West Australia from a specimen collected near Manjimup but the description was not validly published. The description was validated by the same authors in a 2002 edition of Nuytsia. The specific epithet (serotina) is a Latin word meaning "happening late" referring to the late flowering of this orchid.
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Megalomina is an insect genus from the family of brown lacewings (Hemerobiidae), which belongs to the order Neuroptera. The scientific name of the genus is validly published for the first time by Nathan Banks in 1909. The genus is poorly studied, and the known distribution is Oceania, in Australia and New Guinea. Banks designated Megalomina acuminata as a type of species, which occurs in Queensland, Australia.
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According to the Catholic Church, baptism imparts an indelible "seal" upon the soul of the baptized and therefore a person who has already been baptized cannot be validly baptized again. This teaching was affirmed against the Donatists who practiced rebaptism. The grace received in baptism is believed to operate ex opere operato and is therefore considered valid even if administered in heretical or schismatic groups.
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Spirillum minus is an organism associated with rat-bite fever and sodoku that has never been fully identified and was assigned to the genus Spirillum in the early 1900s based on morphology, although it is not a validly published name. As Spirillum species generally obligately microaerophiles and are not found in mammals, this organism may be misclassified. Sequencing data should help to resolve this question.
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Dominique Marie Varlet, Catholic Bishop of Babylon (1678–1742) Beginning in 1724, Dominique Marie Varlet (1678–1742), the Roman Catholic Bishop of Babylon, consecrated four successive men as Archbishop of Utrecht without papal approval. The cathedral chapter of Utrecht, which elected these men, had previously obtained an opinion from Zeger Bernhard van Espen (1646–1728) and two other doctors of canon law at the University of Louvain, which said that the chapter had the right, in special circumstances, to elect its own archbishop and have him consecrated without the consent of the pope, and that, in the case of necessity, one bishop alone might validly consecrate another. Nineteen doctors of the theological faculties at Paris, Nantes, Rheims and Padua approved of this opinion. This consecration by Varlet caused a theological controversy and schism within the Roman Church, which now possessed bishops who were validly consecrated without the permission of the pope.
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Nazareth, c. 1900. After the destruction of Rome, Cardinals Franklin and Steinmann traveled to the deathbed of the only other survivor of the College of Cardinals — the Latin Patriarch of Jerusalem. They held an impromptu Papal Conclave, which resulted in the election of Cardinal Franklin as Pope Sylvester III.When Lord of the World was published in 1907, the Antipopes Alexander V and John XXIII were seen as validly elected Roman Pontiffs.
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The Buddhist practice of mindfulness involves attending to this constantly changing mind-stream. According to Buddhist philosopher Dharmakirti, the mind has two fundamental qualities: "clarity and cognizes". If something is not those two qualities, it cannot validly be called mind. "Clarity" refers to the fact that mind has no color, shape, size, location, weight, or any other physical characteristic, and "cognizes" that it functions to know or perceive objects.
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In bioinformatics, the EzTaxon database is a web-based tool for the identification of prokaryotes based on 16S ribosomal RNA gene sequences. EzTaxon is an open access database that is produced and maintained by ChunLab, Inc. The EzTaxon database contains sequences of type strains of prokaryotic species with validly published names. Although EzTaxon is mainly used for the routine identification of prokaryotic isolates, sequences from uncultured taxa were not included.
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Fernandez v. California, 571 U.S. ___ (2014), was a U.S. Supreme Court case that explored the limits of Georgia v. Randolph, a 2006 case that held that consent to search a dwelling is invalid in the presence of an objecting co- resident. Fernandez, however, held that when the objecting co-resident is removed for objectively reasonable purposes (such as lawful arrest), the remaining resident may validly consent to search.
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The second half of the book covers various topics in detail. Brief summaries of these topics are as follows: Depending on the situation, motions could be renewed, or made again. On the other hand, members should not use legitimate motions for dilatory and improper purposes to waste time. A quorum, or minimum number of members, is required to be present at a meeting in order to validly conduct business.
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Leucospermum bolusii is a name that was used twice for different species. The first time was by Michel Gandoger in 1901. Since this name was validly published, used for a species that did not already have a name and the name had not already been used for another species, it is the correct name. The list of synonyms of Leucospermum cordifolium includes Leucospermum bolusii described by Edwin Percy Phillips in 1910.
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In the canon law of the Catholic Church, an impediment is a legal obstacle that prevents a sacrament from being performed validly and/or licitly. The term is used most frequently in relationship to the sacraments of Marriage and Holy Orders. Some canonical impediments can be dispensed by the competent authority (usually the local ordinary but some impediments are reserved to the Apostolic See) as defined in Canon Law.
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The Xanthomonadales consist of 28 validly named genera among two families: Xanthomonadaceae and Rhodanobacteraceae. The Xanthomonadaceae consists of 13 genera while the Rhodanobacteraceae consist of 14 genera. The families can be distinguished from one another on the basis of conserved signature indels found among a variety of proteins, specific for each family. These indels are in parallel with phylogenomic analysis that reveal two distinct clades that appear to be evolutionarily divergent.
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Collybia cirrhata is a species of fungus in the family Tricholomataceae of the order Agaricales (gilled mushrooms). The species was first described in the scientific literature in 1786, but not validly named until 1803. Found in Europe, Northern Eurasia, and North America, it is known from temperate, boreal, and alpine or arctic habitats. It is a saprobic species that grows in clusters on the decaying or blackened remains of other mushrooms.
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For most of Western history, marriage was a private contract between two families. Until the 16th century, Christian churches accepted the validity of a marriage on the basis of a couple’s declarations. If two people claimed that they had exchanged marital vows—even without witnesses—the Catholic Church accepted that they were validly married. Some states in the US hold that public cohabitation can be sufficient evidence of a valid marriage.
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Pagodula carinatus is a fossil species of sea snail, a marine gastropod mollusk in the family Muricidae, the murex snails or rock snails. The names Trophon carinatus Jeffreys, 1883 and Trophon vaginatus auct. (not Cristofori & Jan, 1832), established for fossils, have been used during much of the 19th and 20th century to designate the Recent species now validly known as Pagodula echinata (Kiener, 1840) of which they have become synonyms.
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The species remains widely known as Gaura parviflora, this name being published in 1830 and for a long time considered the correct name for the species. However, an overlooked but validly published name G. mollis had been published earlier by Edwin James in 1823. A proposal was made to conserve the name G. parviflora over G. mollis,Wagner, W. L., & Hoch, P. (2000). Proposal to Reject the Name Gaura mollis (Onagraceae).
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Propaganda ordained priests and consecrated bishops for these lands, and sent them to administer the sacraments and exercise ecclesiastical jurisdiction. However, the King-Patrons resented the Propaganda clerics as intrusions and considered them incapable of validly conferring the sacraments. The Patron-Kings contended that Popes had irrevocably bestowed upon them the authority of being Royal Patrons over the churches and ecclesiastical communities they established. The question was never resolved.
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The name Kalanchoe thyrsiflora was first validly published for this southern African species by William Henry Harvey in 1862. Based on an error introduced in The Plant List in 2012, the name K. thyrsiflora has been treated by some as a synonym of K. tetraphylla. However, these two names apply to two distinct species. The name K. tetraphylla dates from 1923 and applies to a different species confined to Madagascar.
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External validity concerns the extent to which the (internally valid) results of a study can be held to be true for other cases, for example to different people, places or times. In other words, it is about whether findings can be validly generalized. If the same research study was conducted in those other cases, would it get the same results? A major factor in this is whether the study sample (e.g.
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It was established that Moronobea esculenta is not a formal name (not "validly published"), so the name remains Platonia insignis. Platonia is related to MontrouzieraRuhfel, B. R., V. Bittrich, C. P. Bove, M. H. G. Gustafsson, C. T. Philbrick, R. Rutishauser, Z. Xi, and C. C. Davis (2011). Phylogeny of the Clusioid Clade (Malpighiales): Evidence from the Plastid and Mitochondrial Genomes. American Journal of Botany 98: 306–25.
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However, the House of Commons established its own committee and found that Goodwin was validly elected. A compromise was made between the King and the House by holding a fresh election. From the early 17th century, the resolution of disputed returns became accepted as being the prerogative of Parliament. The Court of Chancery then became the means of administering the election process, but Parliament became the arbiter of disputes.
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Among them was a left thighbone, specimen GSM 109560. In 1859, Owen named the genus Scelidosaurus in an entry about palaeontology in the Encyclopædia Britannica.Owen, R., 1859, "Palaeontology", In: Encyclopædia Britannica Edition 8, Volume 17, p. 150 The lemma text contained a diagnosis, implicating that the genus was validly named and was not a nomen nudum, despite the fact that the definition was vague and no specimens were identified.
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The House of Lords found that the Parliament Act 1911 did not have any limitations that would prevent it being used to enact the Parliament Act 1949. The 1949 Act had therefore validly amended the requirements for a bill to use the Parliament Acts procedure and the Hunting Act, which was passed in accordance with these amended requirements, was consequently also held to be valid; the appellants' appeal was dismissed.
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A contract is capable of being formed by electronic documents, such as by e-mail, if they are validly executed under s.9B of the Requirements of Writing (Scotland) Act 1995. This electronic document must be _authenticated_ by the party sending it (ie: the Buyer/Seller) and meet any requirements made by the Scottish Ministers, the legal name for the Scottish Government.Requirements of Writing (Scotland) Act 1995 s.9B(1(a)).
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Government of Malaysia [1975] 2 M.L.J. 29, F.C. (Malaysia). the Federal Court construed the phrase save in accordance with law in Article 13(1) of the Constitution of Malaysia restrictively. This provision states: "No person shall be deprived of property save in accordance with law." The Court held that all that was required for the legislation in question to be constitutional was for it to have been validly passed by Parliament.
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Biota of North America Program, 2013 county distribution mapBromeliaceae of the United States (excluding Puerto Rico and the Virgin Islands) retrieved 30 October 2009 Some reports indicate that it may formerly have existed also in Central America, but is now apparently extinct there.Kew World Checklist of Selected Plant Families The name is not considered to be validly published because its initial 1985 coinage was not accompanied by a Latin description.
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"Unavailable" names in zoology comprise names that either were not published according to the provisions of the ICZN Code, or have subsequently been suppressed, e.g., incorrect original or subsequent spellings, names published only in a thesis, and generic names published after 1930 with no type species indicated. In botany, similar concepts exist but with different labels. The botanical equivalent of zoology's "available name" is a validly published name.
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In December 2011, with O'Neill and Somare still disputing who was validly Prime Minister, Nape became Acting Governor-General and Marus once again became Acting Speaker. In January 2012, he referred Somare to police over an incident where Somare and colleagues had entered parliament to physically present Marus with a court order reinstating Somare to office. In May 2012, he made international news when he reportedly "stunned MPs" by ruling that, following the Supreme Court decision, that Somare had been the validly elected Prime Minister, but could not reassume the role as he had been disqualified from parliament for missing three sittings, thereby rendering the Prime Minister position vacant. He initially sought to stop an immediate new vote, declaring that both Somare and O'Neill were "at the root of the political crisis", but relented in the face of a dissent motion in his position, leading to O'Neill being re-elected in a 56-0 vote.
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In the churches that have well-documented ties to the history of Christianity as a whole, it is held that only a person in apostolic succession, a line of succession of bishops dating back to the Apostles, can be a valid bishop; can validly ordain priests, deacons and bishops; and can validly celebrate the sacraments of the church. These churches are the Roman Catholic Church, the Eastern Orthodox Church, the Eastern Rite Catholic Church, the Oriental Orthodox Church, the Church of Sweden, the Church of Denmark (Lutheran), the Evangelical Lutheran Church of Finland, the Old Catholic Church, the Moravian Church, the Independent Catholic Churches, the Anglican Communion, and the Assyrian Church of the East. The definition of the historical episcopate is to some extent an open question. Bishops of the Evangelical Lutheran Church in America lay claim to the apostolic succession through the laying on of hands by bishops of the Episcopal Church, the latter of which is part of the Anglican Communion.
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Pink (1942), held that international executive agreements validly made have the same legal status as treaties and did not require Senate approval. Also, in Reid v. Covert (1957), while reaffirming the president’s ability to enter into executive agreements, the court held that such agreements cannot contradict existing federal law or the Constitution. The Case-Zablocki Act of 1972 requires the president to inform the Senate within 60 days of any executive agreement being made.
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It's a non-political organisation. VEB.RF supports and develops the Russian economy. In partnership with commercial banks, it provides financing for large-scale projects to develop the country’s infrastructure, industrial production and social sphere, strengthen its technological potential and improve the quality of life. VEB.RF plans to invest in the country's economy about 45 billion dollars in five years. VEB.RF is validly existing under Russian law in the legal form of “non-profit organization”.
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L. lubrica was first validly described by Giovanni Antonio Scopoli, but it was later transferred to Leotia by Christiaan Hendrik Persoon. Its relationship with other members of the genus, of which it is the type species, is complicated. Growing in woodland among moss, plant detritus or other habitats, the L. lubrica fruit bodies are typically found in large numbers, though they can grow in tight clumps or even individually. The species feeds as a saprotroph.
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During November 1773, Francis Masson and Carl Peter Thunberg passed through the Langeberg Range via the Attaquas Kloof, between Mosselbay and Oudtshoorn. Here, they presumably collected ripe seeds on the southern slopes, near the current Ruitersbos Forest Reserve. The first validly published description of the silver-leaf wheel-pincushion, was based on material grown from Masson's seeds by Lee and Kennedy. This description was accompanied by a colour plate, that nicely shows its diagnostic characters.
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The general rule is that all persons, born or unborn, natural or juristic, and regardless of their general legal capacity—minor children, too, therefore—may take validly any benefit conferred on them by will or on intestacy. There are, however, various factors that may influence a beneficiary's capacity to inherit. Persons who have limited legal capacity are still capable of inheriting. However, their ability to enjoy their inheritance as they see fit is affected.
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Under rules first established in 1906, which are applied retroactively, Larix larix cannot exist as a formal name. In such a case either the next earliest validly published name must be found, in this case Larix decidua Mill. (1768), or (in its absence) a new epithet must be published. However, it is allowed for both parts of the name of a species to mean the same (pleonasm), without being identical in spelling.
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The symbolic manipulation of a formula from one form to another is called a "rewriting" of that formula. One can study the abstract properties of rewriting generic formulas, by studying the collection of rules by which formulas can be validly manipulated. These are the "rewriting rules"—an integral part of an abstract rewriting system. A common question is whether it is possible to bring some generic expression to a single, common form, the normal form.
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The name Nidularia first appeared in the scientific literature in 1790 when Pierre Bulliard published N. vernicosa and N. laevis. This name, however, was not validly published, as it predated the starting point for naming of gasteroid fungi (1801), and it lacked a generic description. Jean Bulliard gave a generic description in 1791 when he added N. striata. N. striata and N. vernicosa are now placed in Cyathus, while N. laevis is in Crucibulum.
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Sarcodon excentricus is a species of tooth fungus in the family Bankeraceae. The fungus was originally described in 1951 by William Chambers Coker and Alma Holland Beers. The type collection was made by Lexemuel Ray Hesler in Cades Cove, Tennessee in 1937. Coker and Beers did not include a description of the fungus written in Latin—a requirement of the nomenclatural code at the time—and so their new species was not validly published.
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The generic name "Megascelis" first appeared as a nomen nudum in Dejean's Catalogue of Coleoptera in 1821. According to Barber & Bridwell (1940), the name Megascelis became valid in Sturm (1826), where the species Megascelis aenea is described. This species is considered the type species of the genus. However, according to Tiape Gómez & Savini (2001), the name Megascelis should instead be attributed to Latreille (1825), who was the first to use the name validly.
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The Constitution of Denmark provides an example of multiple special procedures that must be followed. After an amendment has been approved by parliament, a general election must be held; the new parliament must then approve the amendment again before it is finally submitted to a referendum. There is also a requirement that at least forty percent of eligible voters must vote at the referendum in order for an amendment to be validly passed.
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In English law, administration of an estate on death arises if the deceased is legally intestate. In United States law, the term Estate Administration is used. When a person dies leaving a will appointing an executor, and that executor validly disposes of the property of the deceased, then the estate will go to probate. However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed.
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The flora of Trinidad and Tobago has been estimated to include about 2,500 vascular plant species. Although historically as many as 222 species were thought to be endemic, a study by Veerle Van den Eynden and colleagues at the University of the West Indies found that only 59 of these species could validly be considered endemic, including eight species which they were unable to positively confirm as either endemic or non-endemic.
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Peter Onyeluka Nwaoboshi (born 1958 in Delta State, Nigeria) is a Nigerian politician. He is the senator representing Delta North senatorial district in the Nigerian Senate. He is a senator of the 8th and 9th National Assembly. He was sacked shorty after being announced senator elect during the 2019 general elections by a Federal High Court in Abuja as Senator-elect on allegations that he was not validly elected by his political party.
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Also, in order to facilitate the intruders' detention, devices to slow them harmlessly were added. Even with three walls built, people still scale the wall and arrive on Spanish territory. From these, Amnesty International and Médecins Sans Frontières accused the Moroccan government of dumping people from various African countries (some of them claiming to be validly registered as political refugees) in an uninhabited area of the Sahara Desert without food or water supplies.
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Retrieved on 8 September 2014. While originally named by Voet in 1778, the name was not validly published until 1844List of synonyms of Sternotomis chrysopras; Voet's 1778 work fails to fulfill the requirement in ICZN Article 11.4 that a work must be consistently binominal; none of Voet's 1778 names, including S. chrysopras, are available.Krell, F-T. (2012) On nomenclature and synonymy of Trichius rosaceus, T. gallicus, and T. zonatus (Coleoptera: Scarabaeidae: Cetoniinae: Trichiini).
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The Court decided unanimously that the Eleventh Amendment had been validly adopted. The Court also decided in Hollingsworth that it had no jurisdiction in the case, even though the case had arisen prior to ratification of the Eleventh Amendment. Here is the full text of the Court's opinion: In oral argument, Justice Samuel Chase had stated that the president "has nothing to do with the proposition, or adoption, of amendments to the Constitution".Hollingsworth v.
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Instead a conveyance (Ie: a formal transfer of the property) is required. Personal rights, rights in personam, such as those like the Missives of Sale(ie: a contract for the sale of corporeal heritable property) alone does not transfer the real right of ownership in itself.Stair Memorial Encyclopaedia, Vol 18, Property, Ch 13, Transfer of Ownership, para 642. Without a conveyance, and public act (see below), real rights cannot be validly created in Scots law.
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Since the 1980s, 22 species in 13 genera have been attributed to the anamorph (asexually reproducing mold-like form) of O. sinensis. Of the 22 species, Cephalosporium acreomonium is the zygomycetous species of Umbelopsis, Chrysosporium sinense has very low similarity in RAPD polymorphism, hence it is not the anamorph. Likewise, Cephalosporium dongchongxiacae, C. sp. sensu, Hirsutella sinensis and H. hepiali and Synnematium sinnense are synonymous and only H. sinensis is only validly published in articles.
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70 Composition), by Kenneth L. Gentry, Jr., Th.D. Reviewed by the Rev. Grover E. Gunn, III, pastor, the Carrollton Presbyterian Church (PCA), Carrollton, Mississippi. Counsel of Chalcedon Magazine, March 1990, Issue 2, pp. 22–23. The original statement is ambiguous and Gentry proposes that it could also validly be translated to mean 'apostle John, who wrote the vision, was seen during Domitian's reign', hence it is not relevant to the late date argument.
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57 Alasdair MacIntyre points out, from the statement "This watch is grossly inaccurate and irregular in time-keeping and too heavy to carry about comfortably," the evaluative conclusion validly follows, "This is a bad watch."ibid., p. 57–58. John Searle points out, from the statement "Jones promised to pay Smith five dollars," it logically follows that "Jones ought to pay Smith five dollars." The act of promising by definition places the promiser under obligation.
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Research in implicit learning must follow certain properties in order to be carried out validly and accurately. The stimuli used to carry out studies should be chosen at random with synthetic and difficult-to-crack rule-governed structures. It is important that the stimuli have an underlying structure that the participant does not have previous knowledge of. In order to prevent participants from understanding the underlying structure, the rule in place must be complex.
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Ferdinand von Mueller was the first to give a formal description of Melaleuca halmaturorum but his description was not validly published. The first formal, valid description was by the Dutch botanist, Friedrich Miquel in 1856 and published in Nederlandsch Kruidkundig Archief. The type specimen was collected "Ad flumen three-Wells-river insulae Halmaturorum", a Latin phrase meaning "near the Three Wells River on Kangaroo Island". Halmaturus was an earlier name for a genus of kangaroo.
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It is one of the more basal genera, with only Amphicoelias and possibly a new, unnamed genus more primitive. While the subfamily Apatosaurinae was named in 1929, the group was not used validly until an extensive 2015 study. Only Brontosaurus is also in the subfamily, with the other genera being considered synonyms or reclassified as diplodocines. Brontosaurus has long been considered a junior synonym of Apatosaurus; its type species was reclassified as A.excelsus in 1903.
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On March 19, 2013, the Supreme Court ousted her, ruling that she "did not validly substitute" her husband. However, her ouster did not affect her re-election bid and she regained her seat in the elections that May. In the May 9, 2016 national elections Torres won her re- election bid, defeating Violeta Codilla of the Aksyon Demokratiko party. She and her husband, Richard Gomez left Liberal Party and joined PDP–Laban.
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As a result, Morse circumscribed the new genus Calbovista to contain Calbovista sculpta. The type collection was made at Soda Springs, California in May 1934 at an elevation of . Morse's publication of the genus was invalid because it lacked a description in Latin—a requirement of the International Code of Botanical Nomenclature that was implemented effective January 1, 1935. The genus and species were published validly with a Latin description by Michelle Seidl in 1995.
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Paralomis zealandica, also known as the prickly king crab, is a species of king crab which lives at a depth of in New Zealand. It has spiky carapace. The scientific name of the species was first validly published in 1971 by Dawson & Yaldwyn. P. zealandica can be distinguished from other species in New Zealand waters by its thick covering of strong upright spines all over, including on its abdomen and along its legs and claws.
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Archangiaceae (synonym Cystobacteraceae) is a family of gram-negative, rod- shaped bacteria. It belongs to the suborder Cystobacterineae in the order Myxococcales and comprises six genera validly described as Archangium, Cystobacter, Hyalangium, Melittangium, Stigmatella, and Vitiosangium. It was unified with the family Cystobacteraceae (now a synonym) in 2015.Lang E, Schumann P, Tindall BJ, Mohr KI, Sproer C. (2015) Reclassification of Angiococcus disciformis, Cystobacter minus and Cystobacter violaceus as Archangium disciforme comb. nov.
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Amanita sinicoflava (occurring in North America) looks quite similar, but it has a sack-like volva, unlike A. ceciliae. A. antillana, of the Antilles islands, is somewhat the same, but it has ellipsoid spores unlike the spherical ones of A. ceciliae. A. ceciliae is often used as a misnomer for A. borealisorora, which largely occurs in North America. A. borealisorora is a provisional name, and the species has not yet been validly published.
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Laetiporus montanus was first described as new to science by Czech mycologist Karel Černý in 1989. However, the publication did not include a Latin description of the species, nor did it indicate the type, so the name was invalid according to nomenclatural rules. Michal Tomšovský and Libor Jankovský published the species validly in 2009. Although the fruit body of L. montanus is morphologically indistinguishable from the widespread L. sulphureus, it is distinct genetically.
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The genus Picris was first validly described by Linnaeus in 1753 with the genus being accepted by a number of secondary sources including Plants of the World Online. Linnaeus initially described four species with P. hieracioides, P. echioides, P. pyrenaica and P. asplenioides. In 1913, Britton and Brown proposed P. asplenioides as the type species for the genus. Subsequently, in 1930, Hitchcock and Green alternatively proposed P. hieracioides as the type species.
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The Roman Catholic Church does not confirm converts to Catholicism who have been Chrismated in a non-Catholic Eastern church, considering that the sacrament has been validly conferred and may not be repeated. In the Eastern Orthodox Church the sacrament may be conferred more than once and it is customary to receive returning or repentant apostates by repeating Chrismation. "Greek Orthodox Archdiocese of America – The Stand of the Orthodox Church on Controversial Issues".
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Oeceoclades gracillima, sometimes known in horticulture by the synonym Oeceoclades roseovariegata, is a terrestrial orchid species in the genus Oeceoclades that is endemic to Madagascar. It was first described by the German botanist Rudolf Schlechter under the illegitimate name Eulophia gracillima in 1913. Schlecter later validly republished the species under the name Eulophidium gracillimum in 1925. It was then moved to the genus Oeceoclades by Leslie Andrew Garay and Peter Taylor in 1976.
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In each paper the aim was to convince the assessment community that there were significant advantages to using Comparative Judgement in place of marking for some types of assessment. In 2010 he presented a paper at the Association for Educational Assessment – Europe, How to Assess Writing Reliably and Validly, which presented evidence of the extraordinarily high reliability that has been achieved with Comparative Judgement in assessing primary school pupils' skill in first- language English writing.
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Stigmatopora argus, the spotted pipefish, is a species of ray-finned fish from the family of pipefish and seahorses (Syngnathidae). The scientific name of the species is the first validly published in 1840 by Richardson. It is endemic to Australia, is usually green with obvious black spots on its dorsal surface and can grow to a length of 27 centimetres. Stigmaptopora argus has a prehensile tail that it uses to clasp seagrass or macroalgae.
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The women's ordinations were not, however, recognized as valid by the Roman Catholic Church,Can. 1024 : A baptized male alone receives sacred ordination validly although the women (and their successors) consider their own ordinations to be valid and even studied in a three year program, designed by Christine Mayr- Lumetzberger, prior to their ordinations.Peterfeso, Jill Marie. “Transgressive Traditions: Roman Catholic Womenpriests and the Problem of Women's Ordination.” University of North Carolina at Chapel Hill, 2012.
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Major first considered the issue of whether section 16 was validly enacted. He examined the pith and substance of both the legislation and the impugned provision. The purpose of section 16 of the Act was to prohibit VLTs in the town of Winkler and to cancel all existing "siteholder agreements" for those with VLTs in their establishment. Based on the legislative debates, the section was used to give effect to plebiscite that had already been held.
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Even common law marriages, which are not recognized for in-state New York cohabiting partners, are recognized for purposes of New York spousal benefits so long as the common law marriage was validly entered into in another state. The court ruled that partners in a civil union, a relationship status wholly legal in Vermont, are therefore indistinguishable from spouses in marriage to the extent of the rights conferred to a "spouse" under New York's wrongful death statute.
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According to the U.S. Food and Drug Administration (FDA), sotalol can be validly used to maintain a normal heart rhythm in people with life-threatening ventricular arrhythmias (e.g., ventricular tachycardia), or very symptomatic atrial fibrillation or flutter. Due to the risk of serious side effects, the FDA states that sotalol should generally be reserved for people whose ventricular arrhythmias are life-threatening, or whose fibrillation/flutter cannot be resolved using the Valsalva maneuver or another simple method.
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An immediate inference is an inference which can be made from only one statement or proposition. For instance, from the statement "All toads are green." we can make the immediate inference that "No toads are not green." There are a number of immediate inferences which can validly be made using logical operations, the result of which is a logically equivalent statement form to the given statement. There are also invalid immediate inferences which are syllogistic fallacies.
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The subtribe was first proposed in 1993 by Bremer and Humphries, under the name "Chrysantheminae". The name was validly published at the time, but two annual species placed in the tribe, which were then known as Chrysanthemum coronarium and Chrysanthemum segetum, are now placed in Glebionis. (The genus Chrysanthemum is now used for perennial Asian species, such as the conserved type C. indicum.) Hence Chrysantheminae Bremer & Humphries became a later homonym of Chrysantheminae Less. and so illegitimate.
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Only then, this unique number becomes public in the database. By doing so, this system can help solve the problem of knowing which names have been validly published and in which year. MycoBank is linked to other important mycological databases such as Index Fungorum, Life Science Identifiers, Global Biodiversity Information Facility (GBIF) and other databases. MycoBank is one of three nomenclatural repositories recognized by the Nomenclature Committee for Fungi; the others are Index Fungorum and Fungal Names.
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As new lands were acquired by the United States, either by purchase or treaty, title to the highways and the beds of all navigable, or tidal, water bodies became vested in the United States unless they had been validly conveyed into private ownership by the former sovereign.McKnight v. Brodell, 212 F.Supp 45 During the territorial period, the United States held these title "in trust" for the benefit of the future states that would be carved out of the territory.
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The genus was circumscribed in 1985 to contain the species originally described as Agaricus lignatilis by Christian Hendrik Persoon in 1801. This was considered the sole species in the genus until 2007, when Marco Contu validly published a description of O. lachnopus from collections in Italy. Recent analysis (2013) confirms that O. lachnopus and O. lignatilis should be considered distinct species. Molecular genetics analysis suggests that Ossicaulis is most closely related to the genera Asterophora, Hypsizygus, Lyophyllum, and Tricholomella.
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William Rowe (1819–1886) was a 19th-century Member of Parliament in the Auckland Region, New Zealand. He represented the Thames electorate from 1876 to 1879 when he retired. In 1876 he polled second in Thames to Sir George Grey, who had also stood for the Auckland West electorate. A committee decided that Grey was validly elected for Thames as well as Auckland West, but that Grey had to decide which electorate he wished to represent.
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It is sometimes commonly known as Adriatic Iris. The Latin specific epithet adriatica refers to being from the region beside the Adriatic Sea.D. Gledhill It was first described by Trinajstic L, Papes D., Lovasen-Eberhardt Z. & Bacani Lj. in 'Book of Summaries' page25 in 1980, but not validly published. New specimens were found in Dalmatia region, near the town of Šibenik in Croatia, by M. Milović, M. Radnić, M. Mitić and B. Mitić on 16 March 2002.
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Page 149 The U.N. delegates were concerned by Korea's political maturity at the time, feeling that the elections might not validly express the popular will in a country which had only been independent for four years.Allen, Richard C. Korea's Syngman Rhee, An unauthorized portrait. Charles E. Tuttle Company Rutland Vermont. 1960. Page 94 Some Korean politicians, such as Kim Koo and Kim Kyu- sik, denounced the election as it would dash the hopes of reunification with North Korea.
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This law extends the scope of the Absentees' Property Law and earlier regulations concerning the Muslim religious endowment, the Waqf. Article 29A (c) states: > For the purposes of this section and of sections 29B to 29H, "endowment > property" means Muslim waqf property being immovable property validly > dedicated. According to COHRE and BADIL (p. 41), it allows the Government to confiscate vast amounts of Muslim (charity) land and other properties, including cemeteries and mosques, and place them under Government administration.
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Arthrophaga myriapodina was first collected by Roland Thaxter from North Carolina in 1886 on Boraria infesta, but he did not formally describe or name it. In 1916, A. T. Speare sent Thaxter additional specimens labelled as Entomophthora myriapodina, but the name was never validly published. Kathie T. Hodge, Ann E. Hajek, and Andrii Gryanskyi showed that A. myriapodina is distinct from related taxa including Entomophthora and formally named it as the type of a new genus.
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He also placed the form Otus choliba pintoi (Kelso, 1936) as a synonym of it. This treatment was referenced in Claus Koenig and Roberto Juan Straneck's description of Otus hoyi and in Howard and Moore, where both names were validly used. Holt et al., Dickinson and Weick placed argentinus in the synonymy of atricapilla (variably spelled), the latter author further invoking "Lichtenstein, 1854" as the authority, and also providing wing chord measurements of the type, from Hekstra's description.
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Burke has opposed any hypothetical change of Church doctrine that would permit civilly divorced Catholics who are validly married to remarry or receive the Eucharist once they have entered into a second civil marriage. In 2013 he co-authored a book with cardinals Gerhard Ludwig Müller and George Pell on the subject.Blumberg, Antonia, "Cardinal Raymond Burke Takes Break From Vatican Synod To Say Ugly Things About Gay Relationships" , The Huffington Post, October 14, 2014. Retrieved November 9, 2014.
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D. Cope, 1871, Synopsis of the extinct Batrachia, Reptilia and Aves of North America. Transactions of the American Philosophical Society, New Series 14, pp 252 therefore it was Thomas Henry Huxley who validly named the Scelidosauridae in 1869.Huxley, T.H. 1869. "On the Dinosauria of the Trias, with observations on the classification of the Dinosauria", Nature, 1: 146 In the nineteenth century almost any armoured dinosaur then known has been considered a member of the Scelidosauridae.
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Despite being validly published,VALIDATION LIST N° 135. Int. J. Syst. Evol. Microbiol., 2010, 60, 1985-1986 the etymology of the generic epithet is grammatically incorrect, being a concatenation of the Latin neutral mare -is (the sea) with the Latin masculine adjective profundus (deep) intended to mean a deep-sea organism (the neuter of profundus is profundum). The specific epithet is ferrum (Latin noun), iron and oxus (Greek adjective), acid or sour, and in combined words indicating oxygen. (N.
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Margaret concludes Missives of Sale to sell her house > to Innes, and Innes pays the purchase price to her. Innes then takes > delivery of a validly executed disposition. Margaret's solicitor, as > commonly agreed in the missives of sale, applies for an advance notice to be > placed in the Land Register relating to the disposition given to Innes on 4 > November 2020. The Keeper registers this on the same day. The protective > period therefore commences on 5 November 2020.
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Although the German military signatories of the May 1945 German Instruments of Surrender had been acting under instructions from Admiral Dönitz, none of the Allied Governments recognised the acting Flensburg Government as validly exercising civil power, and consequently the Allies had insisted that the German signatories should explicitly represent the German High Command alone. On 23 May 1945, the purported German government in Flensburg was abolished, and its members taken into captivity as prisoners of war.
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Napoleon II wearing the cross of the order in his deathbed, 1832 Supporters of Prince Carlo, Duke of Castro reject all three positions advanced by Infante Carlos' supporters, and claim that the rival claimant's ancestor validly renounced both the crown of the Two Sicilies and the grand magistry.History asserting that the "Act of Cannes" was a fully valid act of renunciation, Realcasadiborbone.it; accessed 13 November 2016. Each branch appoints a Roman Catholic cardinal as grand prior.
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Boothby also asserted that the Parliament of South Australia had not been validly constituted since the enactment of the Constitution Act 1855–56.see for example Dawes v Quarrel (1865) Pelham's Reports 1 at p. 8 Supreme Court of SA (18 July 1865). In 1865, partly in response to the approach taken by Boothby, the Imperial Parliament passed the Colonial Laws Validity Act, confirming the authority of the colonial Parliament to pass legislation different from that passed by the Imperial Parliament.
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The outer lip is sharp, slightly ascending at the suture. The posterior sinus is deep, rather narrow, separated from the suture by a distance equal to its width, then convex, with an anterior shallow sinus at the base of the siphonal canal. The inner lip is inconspicuous, applied, smooth, with a callosity at its junction with the outer lip. The sculpture of the first two whorls is closely, regularly, validly, axially costulate, the rest rudely ribbed in the anterior two-thirds.
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The class currently consists of 14 validly named genera across 4 orders and 5 families. The orders Brachyspirales, Brevinematales and Leptospirales each contain a single family, Brachyspiraceae, Brevinemataceae and Leptospiraceae, respectively. The Spirochaetales order harbours two families, Spirochaetaceae and Borreliaceae. Molecular markers in the form of conserved signature indels (CSIs) and CSPs have been found specific for each of the orders, with the exception of Brevinimetales, that provide a reliable means to demarcate these clades from one another within the diverse phylum.
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Vilatte was born in Paris, France, on . He was raised by his paternal grandparents, who were members of the ' (PÉ), an independent church separated from the Roman Catholic Church (RCC) after the Concordat of 1801. Vincent Gourdon wrote that the had about 4,000 adherents Peter Anson, in Bishops at large, says that Vilatte's parents were members of the and that he was probably baptized by a layman. Boyd, however, claims that Vilatte was validly baptized and educated by parents who held Gallican beliefs.
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Many abbots did not accept his election. Claude Vaussin's election was rejected by the Reform movement; yet after his election had been investigated and repeated, Vaussin emerged on 10 May 1645 once again as the Abbot of Cîteaux and therefore Abbot General. It took almost four years before Vaussin received confirmation from the Holy See and the King of France, finally allowing him to take office in Cîteaux in 1649. Although validly elected, he still faced opposition from the Strict Observance.
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The Albany bottlebrush was first formally described in 1830 by the English botanist Robert Sweet, who gave it the name Callistemon glaucus and published the description in his book Hortus Britannicus. In 2013, Lyndley Craven changed the name to Melaleuca glauca and published the name change in Melaleucas : their botany, essential oils and uses. In 1815 Aimé Bonpland described Metrosideros glauca but the name was not a validly published name (a nom. illeg.), having already been used by Georges de Courset in 1811.
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The principle of last resort stipulates that all non-violent options must first be exhausted before the use of force can be justified. Diplomatic options, sanctions, and other non-military methods must be attempted or validly ruled out before the engagement of hostilities. Further, in regard to the amount of harm—proportionally—the principle of last resort would support using small intervention forces first and then escalating rather than starting a war with massive force such as carpet bombing or nuclear attacks.
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Diplomatic espousal of a national's claims will not be internationally acceptable unless the national in question has given the host state the chance to correct the wrong done to him through its own national remedies. Exhaustion of local remedies usually means that the individual must first pursue his claims against the host state through its national courts up to the highest level before he can ask the state of his nationality to take up those claims and that state can validly do so.
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He was also the only serious presidential candidate to have contested twice – in 1969 against V V Giri and in 1977. 37 candidates had filed their nominations for the presidency of whom 36 were rejected by the returning officer. Following these disqualifications, Reddy remained the only validly nominated candidate in the fray which made elections unnecessary. Reddy thus became the first person to be elected President of India without a contest and remains the only President to have been elected unopposed.
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These institutions have changed drastically due to the influence of colonial and modern institutions. Odupongkpehe/Kasoa's traditional political institution is traditional Akan Chieftaincy. According to Article 277 of Ghana's Constitution, a chief is “a person, who, hailing from the appropriate family and lineage, has been validly nominated, elected, or selected and enstooled or installed as a chief or queen-mother in accordance with the relevant customary law and usage.” The Paramount Chief (Omanhene) is at the top of the hierarchy of chieftaincy.
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Thus Hirsutella sinensis is considered the validly published anamorph of O. sinensis, Cordyceps nepalensis and C. multiaxialis which had similar morphological characteristics to O. sinensis, also had almost identical or identical ITS sequences and its presumed anamorph, H. sinensis. This also confirms H. sinensis to be anamorph of O. sinensis and suggests C. nepalensis and C. multiaxialis are synonyms. Evidence based on microcyclic conidiation from ascospores and molecular studies support H. sinensis as the anamorph of the caterpillar fungus, O. sinensis.
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According to the rules of botanical nomenclature a nomen nudum is not validly published. The glossary of the International Code of Nomenclature for algae, fungi, and plants gives this definition: The requirements for the diagnosis or description are covered by articles 32, 36, 41, 42, and 44. Nomina nuda that were published before 1 January 1959 can be used to establish a cultivar name. For example, Veronica sutherlandii, a nomen nudum, has been used as the basis for Hebe pinguifolia 'Sutherlandii'.
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Criticisms include a vulnerability to finding item relationships that do not apply to a broader population, difficulty identifying what may be measured in each component because of confusing item relationships, or constructs that were not fully addressed by the originally created questions. Empirically derived personality assessments require statistical techniques. One of the central goals of empirical personality assessment is to create a test that validly discriminates between two distinct dimensions of personality. Empirical tests can take a great deal of time to construct.
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The Crow Tribe of Montana's Uniform Marriage and Divorce Act provides at section 10-1-104 that marriage is a consensual relationship between a man and a woman arising out of a civil contract. However, section 10-1-113 states that marriages which are validly contracted under the laws of the place where they occurred are recognized as valid within the Crow Indian Reservation. It further lists specific degrees of consanguinity and marriage before dissolving a prior union as prohibitions to marriage.
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The species name sylvaticus (or silvaticus) means "of the woods". Both spellings are found in the literature, but Species Fungorum gives sylvaticus as the current name and so that version should be preferred. This well-known species was first validly described under the current name, Agaricus silvaticus, in 1774 by the early mycologist Jacob Christian Schäffer. At that time most gilled mushrooms were all grouped under the genus Agaricus, but later were allocated to new genera which reflected their different characteristics.
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It was announced that all priests (during the Jubilee yearending 20 November 2016) would be allowed in the Sacrament of Penance to remove censures for abortion, which outside North America is reserved to bishops and certain priests who are given such mandate by their bishop. By the same letter, Pope Francis also granted permission for priests of the Society of Saint Pius X to validly confer absolution, while under normal circumstances they do not possess the jurisdiction needed to confer this sacrament.
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In order to validly waive the spousal rights that would ordinarily be available to a surviving spouse under Florida law (such as homestead, elective share, exempt property, family allowance, etc.), the parties have to make a full and fair disclosure of their assets and liabilities to each other before entering into a postnuptial agreement. In contrast, no financial disclosure is required to waive those same spousal rights in a premarital agreement executed before marriage.See Fla. Stat. Ann. (2019) § 732.702(2).
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As the only unquestioned cardinal, Benedict argued, he was, by right and by canon law, the only qualified candidate left who could validly claim the papacy. Following the Council of Constance Benedict's logic was not widely accepted. An army led by Geoffrey Boucicaut, brother of Jean Boucicaut, occupied Avignon and started a five-year siege of the Papal Palace which ended when Benedict managed to escape from Avignon on 12 March 1403. He sought shelter in the territory of Louis II of Anjou.
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On the afternoon of Christmas Day, after a good deal of politicking, the cardinals finally settled on Cardinal Giovanni Angelo de' Medici, who was elected by acclamation. He was asked if he would consent to a Scrutiny the next morning, and he agreed, providing that it was recognised that he had been validly and canonically elected on the 25th. He chose the throne name Pius IV. Cardinal du Bellay was absent.J. P. Adams, Sede Vacante 1559.. Retrieved 17 May 2016.
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Ray later said that he liked the novella because "it has a western quality to it and the film obviously shares that quality. That's why I can speak of Mozart in connection with Charulata quite validly."Robinson. pp. 160. Ray decided to set the film in the 1880s instead of in 1901 and spent many months researching the historical background. For the first time in his career he worked without a deadline both during pre-production and during the shooting.Robinson. pp. 161.
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Implicit in that authority is the jurisdiction to determine whether a person has been validly elected. This is commonly known as a "disputed return" and which gives the court its name. The court is an attempt to eliminate the partisan nature of parliament and give the determination of electoral disputes to an independent and dispassionate neutral body. As parliament has the sole authority to determine these matters, parliament must create a special law to bring that body into existence to determine those disputes.
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If no objections are made, or the DPEA recommends approval of the draft Compulsory Purchase Order, the Scottish Government, or other confirming authority, can confirm the draft CPO if satisfied all notices (above) have been validly served.Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 Sch 1, para 4(1). The Scottish Government may impose such modifications on the Compulsory Purchase Order as it thinks fit when approving it.Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 Sch 1, para 4(2).
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The notable difference is the strong yellow colour of the cap in immature A. ceciliae mushrooms. A. sorocula is not yet validly published, and currently is a newly accepted name. The Chinese species A. liquii is similar but the yellow-brown, red-brown or green- brown coloured cap of A. ceciliae are much different from the brown-black cap of A. liquii. Also, the volval remnants of A. ceciliae converge at the base to form a ring-like zone, unlike A. liquii.
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Balintus is a gossamer-winged butterfly genus of the tribe Eumaeini in the subfamily Theclinae. Its only known species, Balintus tityrus, is found in the Neotropical realm, where it is endemic to Colombia."Balintus D'Abrera, 2001" at Markku Savela's Lepidoptera and Some Other Life Forms It is generally agreed that this butterfly represents a distinct lineage and is worthy of recognition at least as subgenus. However, there is some dispute about whether the name was validly established, or is a nomen nudum.
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The fourth warranty guarantees that the Seller will take no future acts that would prejudice the Buyer's contractual right to ownership. A Seller would breach their warranty where they grant a subsequent disposition to another individual or subsequently grant lesser real rights in the land to third parties after the Buyer has received their disposition. This warranty ceases to be relevant once ownership validly transfers to the Buyer, following the registration of the disposition.Land Registration (Scotland) Act 2012 s.50.
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Instead a conveyance (Ie: a formal transfer of the property) is required. Personal rights, rights in personam, such as those like the Missives of Sale (ie: a contract for the sale of corporeal heritable property) alone does not transfer the real right of ownership in itself.Stair Memorial Encyclopaedia, Vol 18, Property, Ch 13, Transfer of Ownership, para 642. Without a conveyance, ie: the deed of disposition, and public act (see below), real rights cannot be validly created in Scots law.
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The commission concluded that Russia did not have the right to justify its actions as "a mere reinforcement and fulfilment" of its peacekeeping mission. The commission concluded that the South Ossetian separatists could not validly invite Russia to support them militarily. It also concluded that "Russian military activities against the Georgian military forces were not justified as collective self-defence under international law." The commission also concluded that Russian military actions also could not be justified as a humanitarian intervention.
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GDP is used for all kinds of comparisons, but some of those comparisons are conceptually not very appropriate. GDP measures are frequently abused by writers who neither understand what they mean, how they were produced, or what they can be validly used for. Economists like Joseph Stiglitz argue that a measure of "wellbeing" is needed to balance a measure of output growth.Joseph E. Stiglitz, Amartya Sen, Jean-Paul Fitoussi, Mismeasuring Our Lives: Why GDP Doesn't Add Up. The New Press, 2010.
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The court also rejected the owner's argument that he was a bailor (i.e., taking care) of the companies' assets. Since the company still "possessed" the assets, they could not be considered as bailed without "lifting the veil". However, the court found that the owner, as insured, held an insurable interest in the assets—that is, he had enough of a link to the assets to validly insure them (one cannot insure, for example, a building they have nothing to do with).
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The botanical authority for Geraniales is given to Jussieu, but since the original description did not fulfill all the rules for a valid publication and was subsequently validly published, attribution is given to both Jussieu and the subsequent publication, hence the designation Geraniales Juss. ex Bercht. & J.Presl Jussieu, who developed the concept of botanical families, described the Gerania, as a grouping of five genera, including Geranium. Although Jussieu used the term Ordo this did not correspond to current understandings of the term Order.
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By Tychonoff's theorem this topological space is compact. For each finite subgraph of , let be the subset of consisting of assignments of colors that validly color . Then the system of sets is a family of closed sets with the finite intersection property, so by compactness it has a nonempty intersection. Every member of this intersection is a valid coloring of .. Gottschalk states his proof more generally as a proof of the theorem of that generalizes the De Bruijn–Erdős theorem.
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In 1926, there was much debate about race and intelligence. Mead felt the methodologies involved in the experimental psychology research supporting arguments of racial superiority in intelligence were substantially flawed. In "The Methodology of Racial Testing: Its Significance for Sociology" Mead proposes that there are three problems with testing for racial differences in intelligence. First, there are concerns with the ability to validly equate one's test score with what Mead refers to as racial admixture or how much Negro or Indian blood an individual possesses.
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In A Letter Concerning Toleration, Locke wrote that "there is absolutely no such thing, under the Gospel, as a Christian Commonwealth". By this he meant that political authority cannot be validly founded upon Christianity. Rousseau, in On the Social Contract (in book 4, chapter 8), echoed this, saying that "I am mistaken in saying 'a Christian republic'; the two words are mutually exclusive.". However, Rousseau's point was subtly different, in that he was asserting that a civic identity cannot be moulded out of Christianity.
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It was a term for "engagement to be married", or a ceremony held on the occasion of such a contract, usually about a month prior to a church wedding, at which the marrying couple formally declared that each accepted the other as spouse. Handfasting was legally binding: as soon as the couple made their vows to each other they were validly married. It was not a temporary arrangement. Just as with church weddings of the period, the union which handfasting created could only be dissolved by death.
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In botany, the correct name according to the International Code of Nomenclature for algae, fungi, and plants (ICN) is the one and only botanical name that is to be used for a particular taxon, when that taxon has a particular circumscription, position and rank., Glossary Determining whether a name is correct is a complex procedure. The name must be validly published, a process which is defined in no less than 16 Articles of the ICN., Article 6.2 It must also be "legitimate", which imposes some further requirements.
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Chief Justice Coke overturned the jury and held the earlier land transfer was void, caught by the statute 13 Eliz c 10. The monarch was ‘the fountain of justice and common right’ and could not be exempted from a statute aimed to maintain the advancement of learning. Therefore, Gooch, acting for the College had validly leased the property to Smith. This caught sub-tenants too (sub-lessees): Warren could not eject (nor be found to have any rights against) Smith under his fresh lease from the College.
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Conserved and rejected names (and suppressed names) are listed in the appendices to the ICN. As of the 2012 (Melbourne) edition, a separate volume holds the bulk of the appendices (except appendix I, on names of hybrids). The substance of the second volume is generated from a database which also holds a history of published proposals and their outcomes, the binding decisions on whether a name is validly published (article 38.4) and on whether it is a homonym (article 53.5). The database can be queried online.
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All this further called into question by Borges' critical standing as a true magical realist versus a predecessor to magic realism and how the dates of publications between Hispanic and European works compare. Magic realism has certainly enjoyed a "golden era" in the Hispanic communities. It cannot be denied that Hispanic communities, Argentina in particular, have supported great movements and talents in magic realism. One could validly suggest that the height of magic realism has been seen in Latin American countries, though, feminist readers might disagree.
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The generic name combines the name of Europe with that of the related form Azhdarcho. The specific name refers to Langendorf, the name of Lancrǎm in the language of the German ethnic minority in Romania. The article appeared in the electronic journal PLoS ONE without an accompanying printed version; it nevertheless validly names the taxon under the new rules of the ICZN. The holotype, EME VP 312, was found in a layer of the Sebeş Formation dating from the upper Early Maastrichtian, about 69 million years old.
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He was sentenced to three years in jail in December 2014, with eighteen months suspended due to Kavo having repaid the money. He appealed and was released on bail, while landowners expressed concerns about missing out on promised benefits due to his jailing. Several politicians called for him to step down pending his appeal and Attorney-General Ano Pala wrote that he could not perform the duties of governor, suggesting the provincial assembly appoint an interim governor, while Kavo insisted that he remained the validly-elected Governor.
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These groups broadly reflect the stages of people's natural and spiritual lives which each sacrament is intended to serve. The liturgies of the sacraments are central to the church's mission. According to the Catechism: According to church doctrine, the sacraments of the church require the proper form, matter, and intent to be validly celebrated. In addition, the Canon Laws for both the Latin Church and the Eastern Catholic Churches govern who may licitly celebrate certain sacraments, as well as strict rules about who may receive the sacraments.
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Spiritual graces or gifts of the Holy Spirit can include wisdom to see and follow God's plan, right judgment, love for others, boldness in witnessing the faith, and rejoicing in the presence of God. The corresponding fruits of the Holy Spirit are love, joy, peace, patience, kindness, goodness, faithfulness, gentleness, and self-control.Schreck, The Essential Catholic Catechism (1997), p. 277 To be validly confirmed, a person must be in a state of grace, which means that they cannot be conscious of having committed a mortal sin.
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On 18 June, the CCJ ruled that the no confidence vote had been validly passed by a majority of MPs, constitutionally necessitating fresh elections. Its ruling also stated that although Persaud may have been ineligible to be an MP due to his dual citizenship, his vote could not be nullified as the irregularity had not been taken up with the proper bodies within the designated timeframe following the 2015 elections."CCJ rules no-confidence motion properly passed with 33 votes", Demerara Waves, 18 June 2019.
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Curio × peregrinus,Curio × peregrinus (G.Kunkel) P.V.Heath, Calyx 6(2): 54 (1999) (International Plant Names Index) also known as dolphin necklace, flying dolphins, dolphin plant or Senecio hippogriff, is a succulent nothospecies of Curio (previously Senecio) in the family Asteraceae. It is often called, incorrectly, Senecio peregrinus, but that name was previously given, by Grisebach in 1879, to a different species from South America.The Plant List The name Curio × peregrinus was published in 1999, based on the earlier name Kleinia peregrina; however, this name was not validly published.
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In 2003, it was suggested that T. marina was a synonym of the related turtle Palaeomedusa, which was based on a unknown but restored region of the original carapace. Thalassemys heusseri was validly named in 1924 by Oertel for a partial carapace from the Kimmeridgian or Tithonian of Holzen, Germany, a different spelling from the invalid name "T. heuseri" he used previously in 1815. As the type specimen was lost, the species cannot be distinguished from others of the genus, and is therefore a nomen dubium.
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The Holy Orders of the church are deacon, presbyter, and bishop. Both Minor Orders and Holy Orders within Christ Catholic Church are open to called, qualified, educated, and formed applicants regardless of race, color, age, gender, sexual orientation, preference, relationship status, nationality, or socioeconomic class. Christ Catholic Church, Archdiocese of the Prince of Peace, participates in and upholds the doctrine of Apostolic Succession and as such, all of its clergy have been validly ordained by the laying on of hands through bishops within the historic Apostolic Succession.
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On 3 October, Barnsley Borough Council (who oversaw the election) confirmed that four candidates had been validly nominated, representing four of the five parties who contested the 2012 election. David Allen, who came second in the 2012 election, stood again for the English Democrats. Labour's candidate, Dr the Reverend Alan Billings, was deputy leader of Sheffield City Council 1981-6. A parish priest in Sheffield and a member of the Youth Justice Board for England & Wales and of the England Committee of the Big Lottery Fund.
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Datronia was circumscribed by Dutch mycologist Marinus Anton Donk in 1966 to contain two species, the type, Datronia mollis, and D. epilobii. Donk explained that the genus description was abbreviated, as his intention was only to validly publish the genus, and that several contemporary authors had already accepted the name. Datronia is in the core polyporoid clade, a phylogenetic grouping of species first identified by Binder and colleagues in 2005. The clade contains many of the genera traditionally associated with the families Polyporaceae and Ganodermataceae.
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The San Demetrio (1941 69 L1.L.Rep.5) case demonstrated a good example of an authorized abandonment of ship under the Master's authority. If the ship was properly abandoned under the orders from the master, the vessel's own crews who saved the vessel or cargo on board were entitled to claim salvage. In the case of the Master's discharge of crew concerned, the Warrior Lush (476) case ruled that if the crew is properly discharged by the master, their employment contract is validly terminated.
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Although first collected in 1769 during the first voyage of James Cook, and painted at that time by the on-board artist Sydney Parkinson, the genus and species were not validly published until 1776, by Johann Reinhold Forster and his son Georg, following the second voyage. In Chile Donatia fascicularis is, together with Astelia pumila, dominant in the cushion bogs that exists in areas exposed to the Pacific coast. As such it is not usually found together with Sphagnum which tend to grow slightly more inland.
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Matlock (1974) held that co-occupant of a house had actual authority to consent to a search of the house. In Illinois v. Rodriguez (1990), the Supreme Court held that a search was valid if the police reasonably believed that the party giving consent had actual authority over the premises, but were incorrect in their belief. When two co-occupants are present, and one consents to a search but the other expressly objects, the Supreme Court has found that the police cannot validly search the premises.
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The First Nations of Shawanaga and Eagle Lake passed laws enabling high-stakes gambling to take place on the reserves. The laws were not validly enacted under the Indian Act, however, the bands justified the laws as an exercise of their power of self-government. The bands were charged for keeping a common gaming house under the Criminal Code. The issue before the Court was whether the right to control high-stakes gambling was protected under section 35(1) of the Constitution Act, 1982.
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This type species has been classified in Galerina, Tubaria and Psilocybe. Modern molecular evidence supports the recognition of Phaeogalera as an independent genus separate from Galerina. The generic name is built upon the antiquated generic name "Galera", now synonymous with Galerina, and with a reference to the darker colors of the basidiospores of Phaeogalera. When originally proposed by Kühner, he forgot to fully cite the original publication for the type species which explains by the name was later validly published by Pegler & Young in 1975.
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Eds P. De Vos, G. M. Garrity, D. Jones, N. R. Krieg, W. Ludwig, F. A. Rainey, K. H. Schleifer & W. B. Whitman Springer-: New York. However, these groupings did not include several members within the Negativicutes that branched outside of the two families. The current taxonomic view is inclusive of these members who have been validly assigned to the families Selenomonadaceae and Sporomusaceae within the emended Selenomonadales order. Molecular markers in the form of conserved signature indels (CSIs) and proteins (CSPs) justify the present taxonomic divisions.
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Freeman-Maloy v Marsden was a Canadian court case that revolves around a plaintiff, York University student Daniel Freeman-Maloy, who held two protests at York University regarding the Israeli–Palestinian conflict, disrupting classes. In response Lorna Marsden, President of York University, suspended Freeman-Maloy for three years without a tribunal hearing. Freeman-Maloy applied to the courts for judicial review of Marsden's decision. The case's litigation revolved around sorting out under which heads of law, if any, Freeman-Maloy could validly pursue Marsden.
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Prenuptial agreements are a matter of civil law, so Catholic canon law does not rule them out in principle (for example, to determine how property would be divided among the children of a prior marriage upon the death of one spouse). In practice, prenuptials may run afoul of Church law in a number of ways. For example, they cannot subject a marriage to a condition concerning the future. The Code of Canon Law provides: "A marriage subject to a condition about the future cannot be contracted validly".
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All legislation enacted by the Oireachtas of Saorstát Éireann required the Royal Assent to become law for three reasons. # Article 12 stated that the Oireachtas consisted "of the King and two Houses, the Chamber of Deputies (... "Dáil Éireann") and the Senate (... "Seanad Éireann")". As a result the King through his representative, the Governor- General, was a full participant in law making. # In the event of a dispute the signature of the Governor-General on the Act was evidence that it had been fully and validly enacted.
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The name "Catholic Apostolic Church (Catholicate of the West)" was adopted, with a sub-title "Western Orthodox Catholic Church", and the Catholic Apostolic Church's liturgy was adopted with a Supplement. Under Newman's leadership, the Catholicate was dissolved on 29 November 1953. However, some members considered that the 1953 decision to dissolve the Catholicate had not been validly made, and they sought to continue the Catholicate under the name Catholic Apostolic Church (United Orthodox Catholicate) with Mar Petros as Catholicos until his death in 1956.
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According to Tsongkhapa by way of Nagarjuna, the most pervasive relationship of co- dependent arising is the third relationship, dependent designation. From the Prāsaṅgika perspective, in order for something to exist, it must be designated validly by a designating consciousness. It is mind that determines that a cause has ceased and its effect is now in existence. To exemplify this, Lama Tsongkhapa quotes Buddhapalita's response to an Abhidharmica's objection: According to Lama Tsongkhapa by way of Buddhapalita, this was one of the points of Nagajuna's Chatuṣkoṭi.
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Burianosaurus is a genus of ornithopod dinosaur that lived in what is now the Czech Republic (it was found in 2003 near the city of Kutná Hora), being the first validly named dinosaur from that country. The type species, B. augustai, was named in 2017; the genus name honours the Czech palaeoartist Zdeněk Burian, and the species name honours the Czech palaeontologist Josef Augusta. The holotype specimen is a femur discovered in 2003, which was described as possibly belonging to an iguanodont in 2005.
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There were total of 1,074 nominations of all the 35 subsectors during the nomination period from 13 March to 20 March 1998 while 1,058 of them validly nominated for the 35 subsectors. The candidates for four of the 35 subsectors were returned uncontested. Since 117 Election Committee members were either ex-officio or nominated by the Religious subsector, and four subsectors returning 95 Election Committee members were uncontested, there were 963 candidates remaining to contesting in 31 subsectors for 588 seats in the EC.
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These churches would be self-governing, maintain the outward symbols of the original liturgy and practice, and instead have clergy which were either obedient to the state or agents of the state. The Soviets sent loyal agents to study at seminaries to learn how to perform the liturgy so that they could then install those clergymen in place of the validly ordained clergy. One author described the Stalinist view of the Catholic Church this way: Thus, the attempt was to remove any “foreign” ties of the Church.
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See also: Offside Goals Rule (Scots Law) The fourth warranty guarantees that the Seller will take no future acts that would prejudice the Buyer's contractual right to ownership. A Seller would breach their warranty where they grant a subsequent disposition to another individual or subsequently grant lesser real rights in the land to third parties after the Buyer has received their disposition. This warranty ceases to be relevant once ownership validly transfers to the Buyer, following the registration of the disposition.Land Registration (Scotland) Act 2012 s.50.
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There was extensive litigation between the parties and on 18 February 2010 the South Gauteng High Court (Lamont J) granted a declaration that the services agreement between 3P Consulting and the Department was validly concluded and extended. The Department appealed the decision of the high court and failed, furthermore on 7 February 2011 the Constitutional Court refused leave for a further appeal. On 13 October 2011, 3P Consulting instituted application proceedings against the Department claiming payment of some R99 million excluding interest and costs.
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There are three stages to creating a right of ownership in land: 1) The Contract (the Missives of Sale): for the contract to be formally valid it must meet the Requirements of Writing (Scotland) Act 1995. 2) The Conveyance (the Disposition): for the conveyance to be formally valid, the deed, known as the disposition, must meet the Requirements of Writing (Scotland) Act 1995. 3) Registration in the Land Register of Scotland: this must be registered validly in accordance with the Land Registration (Scotland) Act 2012.
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Hirachand Punamchand v Temple [1911] 2 KB 330 is often cited as one of the exceptions to the accord and satisfaction rule laid out in Foakes v Beer. In that case, it is held that an agreement to accept part payment of a debt cannot validly discharge the entire debt. In Hirachand Punamchand v Temple, part payment of a debt is held to be valid because it is supplied by a third party and not the debtor (originally established in Cook v Lister (1863) 13 CBNS 543).
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Iris lortetii It is written in , and in . It is commonly known as 'Lortet's Iris', and it also called 'Samarian Iris', although mainly in Israel. The Latin specific epithet 'lortetii' is derived from Louis Charles Émile Lortet (1836–1909) who was a French physician, botanist, zoologist and Egyptologist, he had collected the iris from the Lebanese area of the Upper Galilee, during his travels to Syria in 1880. William Barbey already described Iris lortetii but the name was validly published by Pierre Edmond Boissier in July 1882.
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869 §1. If there is a doubt whether a person has been baptized or > whether baptism was conferred validly and the doubt remains after a serious > investigation, baptism is to be conferred conditionally. > §2. Those baptized in a non-Catholic ecclesial community must not be > baptized conditionally unless, after an examination of the matter and the > form of the words used in the conferral of baptism and a consideration of > the intention of the baptized adult and the minister of the baptism, a > serious reason exists to doubt the validity of the baptism.
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The first species was first validly described scientifically by Giovanni Antonio Scopoli in his 1772 work Flora Carniolica exhibens plantas Carnioliae indigenas et distributas in classes, genera, species, varietates, ordine Linnaeano. Scopoli either named the species Elvella lubrica or Helvella lubrica, with the specific name lubrica meaning slimy. Christiaan Hendrik Persoon transferred the species to Leotia, where it remains, in 1794. Other synonyms include Leotia gelatinosa, used by John Hill in 1751,Though this description was earlier than Scopoli's, it is not valid, as it was published before Carl Linnaeus's Species Plantarum.
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The then Earl of Lauderdale had questioned George, the 16th Earl of Erroll's right to vote at an election of the peers of Scotland. One of the objections made to the title was that the title of Earl of Erroll was claimed through a nomination. It was decided in 1748 in the case of the earldom of Stair that this power of nomination could not be validly exercised after the Union. The House of Lords, after a full inquiry, decided in favour of the 16th Earl of Erroll's right to the title.
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Whatever fails to meet those criteria does not exist, and relationships between objects cannot exist without being validly designated into existence. Nevertheless, Prāsaṅgika are not stating that nothing exists, but instead, hold that phenomena only come into existence co-dependently with minds which are applying conceptual and nominal conventions to uncharacterized mere experiences. Things and phenomena do exist co-dependently, based upon a relationship with a knowing and designating mind, but nothing exists - including the fundamental characteristics which compose our experience - in an independent, self-arising, or self-sustaining manner.
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The concept of "voidable marriage" arose from the early ecclesiastical courts which had jurisdiction to determine what constituted a valid marriage. Some of the recognized impediments were subsumed into the civil courts which had jurisdiction over the right to and disposition of property.Goad, Paul J., "The Historical Evolution of the Concepts of Void and Voidable Marriages", 7 J. Fam. L. 297 Common reasons that would make a marriage voidable include those that indicate either party to the marriage did not validly consent, such as duress, mistake, intoxication, or mental defect.
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In the International Classification of Diseases, the diagnosis is known as transsexualism.F64.0 The US Diagnostic and Statistical Manual of Mental Disorders (DSM) names it gender dysphoria (in version 5). Some people who are validly diagnosed have no desire for all or some parts of sex reassignment therapy, particularly genital reassignment surgery, and/or are not appropriate candidates for such treatment. The general standard for diagnosing, as well as treating, gender dysphoria is outlined in the WPATH Standards of Care for the Health of Transsexual, Transgender, and Gender Nonconforming People.
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Besides conservation of names of certain ranks (Art. 14), the ICN also offers the option of outright rejection of a name (nomen utique rejiciendum) also called suppressed name under Article 56, another way of creating a nomen rejiciendum that cannot be used anymore. Outright rejection is possible for a name at any rank. Rejection (suppression) of individual names is distinct from suppression of works (opera utique oppressa) under Article 34, which allows for listing certain taxonomic ranks in certain publications which are considered not to include any validly published names.
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In Kirmani v Captain Cook Cruises Pty Ltd (No 1) the Court held by majority that s. 104(3) of the Navigation Amendment Act 1979 (Cth) validly repealed part of "the Imperial Act known as the Merchant Shipping Act, 1894 ... in so far as that Act ... is part of the law of the Commonwealth". The Attorney-General of Queensland, who unsuccessfully intervened in Kirmani v Captain Cook Cruises Pty Ltd (No. 1) sought a certificate, under section 74 of the Constitution, to permit an appeal to the Privy Council.
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His success prompted the king's son, Alhfrith, to appoint him Bishop of Northumbria. Wilfrid chose to be consecrated in Gaul because of the lack of what he considered to be validly consecrated bishops in England at that time. During Wilfrid's absence Alhfrith seems to have led an unsuccessful revolt against his father, Oswiu, leaving a question mark over Wilfrid's appointment as bishop. Before Wilfrid's return Oswiu had appointed Ceadda in his place, resulting in Wilfrid's retirement to Ripon for a few years following his arrival back in Northumbria.
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Kirby, The Earliest English Kings, p. 87. In 664, Oswiu convened the Synod of Whitby to determine which form of Christianity Northumbria would follow; Alhfrith served as a key proponent of Wilfrid and the Roman system, which ultimately prevailed. Alhfrith requested that Wilfrid be made bishop for Deira, most likely with a see at York. Apparently with Oswiu's consent, Wilfrid traveled to Gaul to be consecrated, as he did not consider any bishops in Great Britain or Ireland to be validly consecrated; he did not return until around 666.
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In communities without an eruv, it is customary to create belts, bracelets, necklaces, or similar wearable objects incorporating housekeys so that the keys can be worn rather than carried when going outdoors. To be validly "worn" rather than "carried", the key needs to be an integral part of the belt, bracelet, or other item rather than simply attached to it.Rabbi Dovid Rosenfeld: Carrying Keys on Shabbat Aish.com. It may be either an adornment if worn in a manner visible to others or a component needed to keep the wearable object fastened.
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One of the objections made to the title was that the title of Earl of Erroll was claimed through a nomination. It was decided in 1748 in the case of the earldom of Stair that this power of nomination could not be validly exercised after the Union. The House of Lords, after a full inquiry, decided in favour of the 16th Earl of Erroll's right to the title. That the Earl of Erroll holds the honours of his house undoubtedly and without dispute, is clear from the decision of the House of Lords.
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The second possibility is that Quistclose trusts are express trusts. If the contract included a provision that the money was to only be used for certain purposes, it could be interpreted that this money is held on trust until it is used for those purposes. The borrower would be a trustee; using the money for any other purpose would be in violation of the trustee's duties, and so void. This trust would be created as soon as the contract is agreed, with the normal requirement for it to be validly created.
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Gay couple at Istanbul Pride Debate has occurred throughout Asia over proposals to legalize same-sex marriage as well as civil unions. Following a Constitutional Court ruling and a subsequent legislative act, Taiwan became the first country in Asia to legalize same-sex marriage nationwide on 24 May 2019. In addition, Israel recognises same-sex marriages validly performed abroad, and same-sex marriages are legal in the UK sovereign base areas of Akrotiri and Dhekelia and the British Indian Ocean Territory. Israel recognises unregistered cohabitation for same-sex couples.
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Batocera maculata is a species of flat-faced longhorn beetle in the subfamily Lamiinae of the family Cerambycidae.Titanbase: Batocera maculataWorld Cerambycidae Catalog: Batocera maculata While originally named as "Lamia tigris" by Voet in 1778, no name was validly published for this species until 1817; Voet's 1778 work fails to fulfill the requirement in ICZN Article 11.4 that a work must be consistently binominal, and all names within that work are unavailable.Krell, F-T. (2012) On nomenclature and synonymy of Trichius rosaceus, T. gallicus, and T. zonatus (Coleoptera: Scarabaeidae: Cetoniinae: Trichiini).
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This Amendment Act was passed by the Jatiya Sangsad on 6 April 1979. This Act amended the Fourth Schedule to the constitution by adding a new paragraph 18 thereto, which provided that all amendments, additions, modifications, substitutions and omissions made in the constitution during the period between 15 August 1975 and 9 April 1979 (both days inclusive) by any Proclamation or Proclamation Order of the Martial Law Authorities had been validly made and would not be called in question in or before any court or tribunal or authority on any ground whatsoever.
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Among his notable accomplishments was the conversion of the Alpine Slavs to Christianity; he also sent missionaries to Hungary. As Abbot of St Peter's, he came into collision with Saint Boniface. A priest having, through ignorance, conferred the Sacrament of Baptism using, in place of the correct formula, the words "Baptizo te in nomine patria et filia et spiritu sancta" (instead of "Baptizo te in nomine patris et filii et spiritus sancti"), Vergilius held that the sacrament had been validly conferred, but Boniface complained to Pope Zachary. The latter, however, decided in favour of Vergilius.
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MycoBank is an online database, documenting new mycological names and combinations, eventually combined with descriptions and illustrations. It is run by the Centraalbureau voor Schimmelcultures fungal biodiversity center in Utrecht. Each novelty, after being screened by nomenclatural experts and found in accordance with the ICN (International Code of Nomenclature for algae, fungi, and plants), is allocated a unique MycoBank number before the new name has been validly published. This number then can be cited by the naming author in the publication where the new name is being introduced.
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Megalosaurus (meaning "great lizard", from Greek μέγας, megas, meaning 'big', 'tall' or 'great' and σαῦρος, sauros, meaning 'lizard') is an extinct genus of large meat-eating theropod dinosaurs of the Middle Jurassic period (Bathonian stage, 166 million years ago) of Southern England. Although fossils from other areas have been assigned to the genus, the only certain remains of Megalosaurus come from Oxfordshire and date to the late Middle Jurassic. Megalosaurus was, in 1824, the first genus of non-avian dinosaur to be validly named. The type species is Megalosaurus bucklandii, named in 1827.
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There was no uniform date for Connétable elections. To be nominated for Senator, a candidate must secure a nomination paper signed by 10 validly-registered voters, including a proposer and seconder. The proposer and seconder must attend in person the Electoral Assembly ("nomination meeting") held at the Parish Hall of St Helier, presided over by the Comité des Connétables, and the proposer must read out publicly the nomination form, including the candidate's declaration of criminal convictions (or of no criminal convictions).Public Elections (Jersey) Law 2002 and the Public Elections (Jersey) Regulations 2002.
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The opinion began with the least controversial portion: that territory seized by plunder was validly held by the company. If, in the course of the company's trade, the company acquired land by a defensive action, without the assistance of the regular army, it alone held title to those lands. The opinion went on to distinguish lands acquired by conquest from those acquired by treaty or negotiation. In the former case, the Crown would acquire both sovereignty and title; in the latter case, the Crown would acquire sovereignty, but the company would acquire title.
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Furthermore, if the minister positively excludes some essential aspect of the sacrament, the sacrament is invalid. This last condition lies behind the 1896 judgement of the Holy See denying the validity of Anglican Orders, a judgment that, though questioned, is still upheld. A sacrament may be administered validly, but illicitly, if a condition imposed by canon law is not observed. Obvious cases are administration of a sacrament by a priest under a penalty of excommunication or suspension, or an episcopal ordination without the Pontifical mandate (except in certain circumstances outlined in Canon Law).
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Several counterexamples have been offered by philosophers claiming to show that there are cases when an evaluative statement does indeed logically follow from a factual statement. A. N. Prior points out, from the statement "He is a sea captain," it logically follows, "He ought to do what a sea captain ought to do."Alasdair MacIntyre, After Virtue (1984), p. 57 Alasdair MacIntyre points out, from the statement "This watch is grossly inaccurate and irregular in time-keeping and too heavy to carry about comfortably," the evaluative conclusion validly follows, "This is a bad watch."ibid.
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This lichen was originally formally described by Finnish lichenologist Edvard August Wainio as Pannaria sorediata, based on material collected from the Philippines. However, Wainio was unaware that this name had already been used for another taxon by Charles Knight in 1882, and so the name Pannaria sorediata was an illegitimate homonym, and therefore, not validly published. Austrian botanist Alexander Zahlbruckner, in his 1925 work Catalogus Lichenum Universalis, renamed the lichen in honour of Wainio, and it then became known as Pannaria wainioi . Per Magnus Jørgensen transferred the species to the genus Parmeliella in 2003.
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The binomial name Homo sapiens was coined by Carl Linnaeus (1758).. Note: In 1959, Linnaeus was designated as the lectotype for Homo sapiens (Stearn, W. T. 1959. "The background of Linnaeus's contributions to the nomenclature and methods of systematic biology", Systematic Zoology 8 (1): 4-22, p. 4) which means that following the nomenclatural rules, Homo sapiens was validly defined as the animal species to which Linnaeus belonged. Names for other human species were introduced beginning in the second half of the 19th century (Homo neanderthalensis 1864, Homo erectus 1892).
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In 1929, Károly Soó von Bere attempted to transfer the species to its own separate genus, under the name "Dithrix decipiens". This was doubly invalid, because the genus name "Dithrix" had not been validly published, and griffithii rather than "decipiens" was the published epithet for the species. However, the invalid names were incorrectly included in various sources, including Names in Current Use for Extant Plant Genera published in 1993. This led to the "inadvertent validation" of Dithrix , although this was not understood until Gandhi and Omerod's paper in 2012.
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The main substantial issue sought to be resolved in the case was whether the three questions that petitioner Neri refused to answer were covered by executive privilege, making the arrest order issued by the respondent Senate Committees void. The divided Supreme Court (voting 9-6) was convinced that the three questions are covered by presidential communications privilege, and that this privilege has been validly claimed by the executive department, enough to shield petitioner Neri from any arrest order the Senate may issue against him for not answering such questions.
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The Law and Order Code of the Standing Rock Sioux Tribe (Title V – Family Code) provides per section 5–101 that a man and a woman can marry provided they are at least 16 years old, with consent of parents or guardians, and freely consent. Section 5–102 prohibits marriages within specified degrees of consanguinity and section 5–103 prohibits bigamous marriage. Section 5–109 states that any marriage validly contracted in the United States, any tribe, state, or foreign nation shall be "for all purposes" recognized as valid by the Standing Rock Sioux Tribe.
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Leslie Kosmin QC held that the board meeting was validly convened and was quorate. Although London Wharf's articles of association allowed Mr Howell to vote on a resolution in which he had an interest, the provision' existence did not relieve him of a general duty to act in good faith for the interests of London Wharf. When they passed the resolution, the two directors were in breach of fiduciary duty. Moreover, since insolvency was imminent, they also had a duty to act in the interests of company creditors.
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The genus Actinomadura is one of four genera of actinobacteria that belong to the family Thermomonosporaceae. It contains aerobic, Gram-positive, non-acid- fast, non-motile, chemo-organotrophic actinomycetes that produce well- developed, non-fragmenting vegetative mycelia and aerial hyphae that differentiate into surface-ornamented spore chains. These chains are of various lengths and can be straight, hooked or spiral. The genus currently comprises 37 species with validly published names with standing in nomenclature, although the species status of some strains remains uncertain, and further comparative studies are needed.
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He stated that he would not resign from the Parliament, but would await a High Court decision. Together with that of Nash, Xenophon's case was referred to the Court on 4 September. On 6 October 2017, Xenophon announced he would resign from the Senate to stand for the Parliament of South Australia at the South Australian state election due in March 2018. He did not name a date of resignation, although he did state his intention to remain in federal parliament until the High Court ruled on whether he had been validly elected.
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Every priest can administer the sacrament of anointing of the sick validly. The duty and the right to administer it pertains to the priest to whom the spiritual care of the person concerned is entrusted. However, any other priest may administer it instead for a good reason if he has the presumed consent of the priest who has the duty and right.Code of Canon Law, canon 1003 Without that presumed consent, he is in the same position as a priest who has been laicized or suspended or excommunicated.
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"These procedures are not a plan for obtaining data or for field work. ... [They] also do not constitute a necessary laboratory schedule ... [Their] chief usefulness ... is therefore as a reminder in the course of the original research, and as a form for checking or presenting the results, where it may be desirable to make sure that all the information called for ... has been validly obtained."Harris 1951:1-2. These criteria lend themselves to differing forms of presentation that have sometimes been taken as competing.Hoenigswald 1996, Nevin 2010.
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In the United States today, quo warranto usually arises in a civil case as a plaintiff's claim (and thus a "cause of action" instead of a writ) that some governmental or corporate official was not validly elected to that office or is wrongfully exercising powers beyond (or ultra vires) those authorized by statute or by the corporation's charter. In some jurisdictions that have enacted judicial review statutes, the prerogative writ of quo warranto has been abolished. This includes QueenslandSn 42 Abolition of quo warranto, Judicial Review Act 1991, Queensland Consolidated Acts. and New South Wales.
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Some Protestant US military chaplains carry the Roman Rite version of the Anointing of the Sick with them for use if called upon to assist wounded or dying soldiers who are Catholics. The Catholic and Orthodox Churches consider invalid as a sacrament the administration of Anointing of the Sick by such chaplains, who in the eyes of those Churches are not validly ordained priests. The rite performed by them is thus seen as having the same, but by no means negligible, value of any other form of prayer offered for the sick or dying.
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The first sand bubbler crab to be described was Cancer sulcatus (now Dotilla sulcata) by Peter Forsskål in 1775. The genus Scopimera was originally described as a subgenus of Ocypode by Wilhem de Haan in 1833, although the first species, Scopimera globosa was not validly described until 1835. At the same time, De Haan tried to erect the genus Doto for Forskål's Cancer sulcatus, not realising that the name was preoccupied by the mollusc genus Doto. The first available name for that genus was published by William Stimpson in 1858, who called it Dotilla.
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Scrutineers issued this figure in a press release, suggesting a headline like "Franklin River comes 3rd in by- election". The following day's SMH's Stay In Touch column reported this as 91% of voters refusing to write "No Dams" on their ballot paper. At that first 'Write-in' campaign, few people knew that they could write a message on their federal ballot paper without invalidating their vote.The federal law was that as long as additional writing on a ballot paper does not identify the voter or obscure their validly expressed intentions, then the vote remains valid.
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Justice Harry Blackmun, author of the unanimous opinion Justice Harry Blackmun delivered the opinion of a unanimous court. Blackmun noted that the definition of Indian country in the statute included three separate types of land, and reservation land was applicable to this case.John, 437 U.S. at 648. The test for determining if land was reservation land was if the land in question “had been validly set apart for the use of the Indians as such, under the superintendence of the Government.”John, 437 U.S. at 649 (internal citations omitted); Leonhard, supra at 681.
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Some would argue that population growth makes economic growth absolutely necessary. Others argue that population growth must be restricted with birth control methods because otherwise there will be too many people for the available resources. The real argument, though, is not about growth or the lack thereof, but rather about the kind of growth that is best for the (enlarged) reproduction of the human species as such. Ecologists may validly argue that some types of growth undermine important conditions for human survival in the longer term without invalidating other kinds of growth that are beneficial.
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Lex loci celebrationis is a Latin term for a legal principle in English common law, roughly translated as "the law of the land (lex loci) where the marriage was celebrated". It refers to the validity of the union, independent of the laws of marriage of the countries involved: where the two individuals have legal nationality or citizenship, or where they live (reside or are domiciled). The assumption under the common law is that such a marriage, when lawfully and validly celebrated under the relevant law of the land, is also lawful and valid.
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Two years later Condé and GéryCondé & Géry (1999) published an analysis and declared Metriaclima to be a junior synonym of Maylandia, and Maylandia hence the valid name of the genus, a view accepted by most ichthyologists. A few authors, notably Ad Konings, dispute that the original description of Maylandia is sufficient to establish and maintain the genus. They maintain that "Maylandia" is a nomen nudum - literally, a "naked name" that does not validly refer to a group of animals as per the rules of the International Code of Zoological Nomenclature.Konings (2001, 2005), Stauffer et al.
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Cronobacter was first proposed as a new genus in 2007 as a clarification of the taxonomic relationship of the biogroups found among strains of Enterobacter sakazakii. This proposal was validly published in 2008 with 5 species and 3 subspecies named. The genus definition was further revised in 2012 to seven named species when a name (C. universalis) was given to a group of isolates that were deemed too few in number to accurately describe during the original taxonomic work, and a single additional isolate was also named (C. condimenti).
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P. insignis wood Platonia insignis, the sole species of the genus Platonia, is a tree of the family Clusiaceae native to South America in the humid forests of Brazil, Paraguay, parts of Colombia and northeast to Guyana; specially in Amazon Rainforest. Common names include bacuri (and numerous variant spellings thereof; bacurí, bacury, bakuri, pacuri, pakuri, pakouri, packoeri, pakoeri), maniballi, naranjillo and bacurizeiro. There was a degree of nomenclatural confusion, caused by Moronobea esculenta. If that were validly published for this species the current name would be Platonia esculenta.
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In botanical nomenclature, author citation is the way of citing the person or group of people who validly published a botanical name, i.e. who first published the name while fulfilling the formal requirements as specified by the International Code of Nomenclature for algae, fungi, and plants (ICN). In cases where a species is no longer in its original generic placement (i.e. a new combination of genus and specific epithet), both the authority for the original genus placement and that for the new combination are given (the former in parentheses).
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" While the nomenclature of a job title is not dispositive, the job of "busboy" is explicitly validated for tip-pool inclusion by an authoritative source. "A busboy performs an integral part of customer service without much direct interaction, but he does so in a manner visible to customers.... Thus, for a service bartender to be validly included in a tip pool, he must meet this minimal threshold in a manner sufficient to incentivize customers to 'customarily and regularly' tip in recognition' of his services (though he need not receive the tips directly).
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Euryaspis is a dubious genus of extinct thalassochelydian turtle from the Late Jurassic of Germany. The type and only species is Euryaspis radians, originally proposed by Wagner in 1859 before being validly described and illustrated in 1861. The only specimen was a partial carapace probably from the Tithonian, although the original locality is unknown. The genus is referred to Thalassochelydia and has been considered a synonym of Eurysternum or Acichelys before, but casts that remain of the lost holotype show that it bears no features that can clarify its validity making it a nomen dubium.
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Several different ways of representing this situation taxonomically have been used, and are still in use , including three subfamilies with multiple genera, and three genera with multiple subgeneric divisions. Three subfamilies, including Lycopodioideae, were first suggested by Warren Wagner, Jr. and Joseph Beitel in 1992, but were not validly published under the International Code of Botanical Nomenclature as it was then. The names were validated by Benjamin Øllgaard in 2015. The entire subfamily Lycopodioideae in the Pteridophyte Phylogeny Group classification of 2016 (PPG I) corresponds to the single genus Lycopodium in other classifications.
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Austrian economics explicitly rejects the objectivity of the values of goods as logically and conceptually unsound. On this view, we cannot validly say that products took a certain amount of labour, energy and materials to make, and compare them on that basis. It follows that the Austrian School thinks most contemporary economic theory is invalid, as it relies in one way or another on the aggregation and comparison of actual and ideal prices. This is forcefully argued by Friedrich von Hayek who therefore was skeptical about the objectivity of macroeconomic aggregations as such.
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According to Catholic teaching, a validly contracted marriage is indivisible until death, and thus the pope cannot annul a marriage on the basis of an impediment previously dispensed. Many people close to Henry wished simply to ignore Clement, but in October 1530 a meeting of clergy and lawyers advised that the English Parliament could not empower the Archbishop of Canterbury to act against the Pope's prohibition. In Parliament, Bishop John Fisher was the Pope's champion. Henry subsequently underwent a marriage ceremony with Anne Boleyn, in either late 1532 or early 1533.
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Vitoria adopted from Thomas Aquinas the Roman law concept of ius gentium, and concluded that the Indians were rightful owners of their property and that their chiefs validly exercised jurisdiction over their tribes, a position held previously by Palacios Rubios. His defense of American Indians was based on a scholastic understanding of the intrinsic dignity of man, a dignity he found being violated by Spain's policies in the New World.Pagden, Anthony. Vitoria: Political Writings, Cambridge University Press, 1991 Marshall also overlooked more recent American experience, specifically Roger Williams's purchase of the Providence Plantation.
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Batocera armata is a species of flat-faced longhorn beetle in the subfamily Lamiinae of the family Cerambycidae.Titanbase: Batocera armataWorld Cerambycidae Catalog: Batocera armata While originally named as "Cerambyx thomae" by Voet in 1778, no name was validly published for this species until 1800; Voet's 1778 work fails to fulfill the requirement in ICZN Article 11.4 that a work must be consistently binominal, and all names within that work are unavailable.Krell, F-T. (2012) On nomenclature and synonymy of Trichius rosaceus, T. gallicus, and T. zonatus (Coleoptera: Scarabaeidae: Cetoniinae: Trichiini).
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Therefore, the appeal was upheld, the Court finding that Ms Shilubana had been validly appointed. The precedent of Shilubana stopped courts from avoiding the difficulties by devising a test that finally forced them to confront these challenges directly.Woodman refers to the second option as "selective legal pluralism" and affords the state with the opportunity to consider the needs of justice in each case involving customary law. Consequently, Woodman argues that to achieve justice, elements of state law pluralism should coincide with deep legal pluralism with the operation of is doctrine of selective legal pluralism.
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Accordingly, apart from the question of diriment impediments dealt with below, there is a fourfold classification of contractual defects: defect of form, defect of contract, defect of willingness, defect of capacity. For annulment, proof is required of the existence of one of these defects, since canon law presumes all marriages are valid until proven otherwise. Canon law stipulates canonical impediments to marriage. A diriment impediment prevents a marriage from being validly contracted at all and renders the union a putative marriage, while a prohibitory impediment renders a marriage valid but not licit.
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An unprecedented number of 289 validly nominated candidates contested in the election, two more than the previous election, after seven candidates were disqualified, six of whom due to their pro-independence stance, and two withdrew their candidatures. 84 lists with a total of 213 candidates contested the 35 geographical constituencies, while 55 candidates contested in the traditional functional constituencies, 43 of them ran for 18 seats in the functional constituencies. A total of 21 candidates belonging to 9 lists contested the five "super seats" in the District Council (Second) functional constituency.
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Angus then goes to Bank B in Hawick and asks for a secured loan > with Bank B with a standard security offered over his flat. Bank B's > solicitor, negligently, does not see the Bank A's advance notice when > conducting her due diligence and draws up the standard security > documentation and Bank B has Angus's sign the standard security validly. > Bank B's solicitor sends this standard security for registration on 11th > May. The Keeper registers Bank B's standard security and updates Section C > of the flat's Title Sheet on 14 May 2020.
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Notes: ♠ Strain found at the National Center for Biotechnology Information (NCBI) but has no standing with the Bacteriological Code (1990 and subsequent Revision) as detailed by List of Prokaryotic names with Standing in Nomenclature (LPSN) as a result of the following reasons: • No pure culture isolated or available for prokaryotes. • Not validly published because the effective publication only documents deposit of the type strain in a single recognized culture collection. • Not approved and published by the International Journal of Systematic Bacteriology or the International Journal of Systematic and Evolutionary Microbiology (IJSB/IJSEM).
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In May 2008, the Election Petition Tribunal in Asaba struck out a petition against the election of the Governor of Delta State, Emmanuel Uduaghan and Patrick Osakwe. The PDP candidate Mirian Comfort Ali had asserted that the Accord party did not validly present Patrick Osakwe as candidate for the election. In July 2009, Osakwe, Deputy Chairman of the Senate committee on Gas, condemned the "over involvement" of the Federal Government in the oil and gas sector at a Delta State meeting to discuss the National Gas Master Plan.
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However, the ZooBank registry was only added in after initial publication, meaning that it fails the requirement to be a validly published taxon. In 2017, a preprint paper by Chase Brownstein concluded that the remains of L. macropus are a mixture of tyrannosauroid and ornithomimid elements with no distinguishing characteristics, rendering the species a chimera and a nomen dubium. In 2018, Brownstein stated that a tibia of L. macropus catalogued as specimen AMNH FARB 2550 represents a tyrannosauroid that probably was distinct from Dryptosaurus, but not sufficiently to base a taxon on.
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Contrary to the broad position taken in jurisdictions such as Malaysia and the United States, the High Court of Singapore has said that personal liberty only refers to freedom from unlawful incarceration or detention. Article 9(1) states that persons may be deprived of life or personal liberty "in accordance with law". In Ong Ah Chuan v. Public Prosecutor (1980), an appeal to the Judicial Committee of the Privy Council from Singapore, it was held that the term law means more than just legislation validly enacted by Parliament, and includes fundamental rules of natural justice.
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Uttal's major concern incorporates many controversies with the validly, over-assumptions and strong inferences some of these images are trying to illustrate. For instance, there is concern over the proper utilization of control images in an experiment. Most of the cerebrum is active during cognitive activity, therefore the amount of increased activity in a region must be greater when compared to a controlled area. In general, this may produce false or exaggerated findings and may increase potential tendency to ignore regions of diminished activity which may be crucial to the particular cognitive process being studied.
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Several different ways of representing this situation taxonomically have been used, and are still in use , including three subfamilies with multiple genera, and three genera with multiple subgeneric divisions. Three subfamilies, including Lycopodielloideae, were first suggested by Warren Wagner, Jr. and Joseph Beitel in 1992, but were not validly published under the International Code of Botanical Nomenclature as it was then. The names were validated by Benjamin Øllgaard in 2015. The entire subfamily Lycopodielloideae in the Pteridophyte Phylogeny Group classification of 2016 (PPG I) corresponds to the single genus Lycopodiella in other classifications.
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During the mid-1950s, he had come to the conclusion that the existing techniques of market research, though adequate to the measurement of consumer behaviour, could not offer a reliable framework for marketing decisions. This led to the publication of his 1958 book, Motivation Research: Its Practice and Uses, the first on the subject to be published in Europe. In this book, he drew on his experience to produce a practical guide to the rigorous scientific use of indirect techniques to produce insights which, he argued, could not be validly or even reliably derived from direct questioning or discussion.
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The importance of this requirement was seen in the case of Tshabalala v Tshabalala. The commissioner of oaths may not act in a dual capacity as witness, for witnesses are required to attest and sign the will in the presence of the commissioner. In these circumstances, therefore, four persons are required to sign in order to validly execute the will: the two witnesses, the testator placing a mark (or person signing on behalf of the testator) and the commissioner. However, there appears to be no reason why an instructing attorney who drafts a will cannot also commission it.
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In other words, the amendments were intended to render the exercise of power by the President and the Minister for Home Affairs under the ISA to detain persons without trial not justiciable by the courts. Both the High Court and Court of Appeal found that these amendments were constitutional because Parliament had done nothing more than enact the rule of law relating to the law applicable to judicial review. Thus, the amendments validly operated to deprive the applicant Teo Soh Lung of the ability to apply to the courts for judicial review. Another significant feature of these cases was the "basic features doctrine".
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Utricularia tortilis is a small to medium-sized annual carnivorous plant that belongs to the genus Utricularia. It is endemic to tropical Africa and can be found in Angola, Botswana, Burundi, the Central African Republic, Côte d'Ivoire, the Democratic Republic of the Congo, Ghana, Guinea, Guinea-Bissau, Kenya, Liberia, Mali, Nigeria, the Republic of the Congo, Senegal, Sierra Leone, Tanzania, Togo, Uganda, Zambia, and Zimbabwe. U. tortilis grows as a terrestrial plant in swamps or marshes in peaty or sandy soils at altitudes from sea level to . It was originally described by Friedrich Welwitsch but validly published by Daniel Oliver in 1865.
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The genus Parapholis (Parapholis strigosa pictured) was described by Hubbard in 1946. The maritime grass Spartina anglica was first validly described by C. E. Hubbard in 1978. Charles Edward Hubbard was born on 23 May 1900 in Appleton, a hamlet on the Sandringham Estate in Norfolk, where his father, also named Charles Edward Hubbard, was the head gardener at Appleton House to Maud of Wales, the Queen of Norway. He was schooled at Sandringham, and at King Edward VII Grammar School in King's Lynn, before joining the staff of the Royal Gardens at Sandringham in 1916.
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Adenitire challenged Cochrane's claims about animal interests in liberty and in not being property, and rejected the Kantian notion of autonomy that he endorses. Adenitire also drew attention to the high levels of responsibility Cochrane places upon humans to aid wild animals. For him, this again rises from Cochrane's reluctance to see animals as having an interest in controlling their own lives, which leads him to reject Donaldson and Kymlicka's account of animal sovereignty. Against Cochrane, Adenitire argues that wild animals can validly make claims to sovereignty, and thus that Cochrane's burdensome paternalism can be rejected.
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Parmenian's most influential work was written in about 362 and entitled Adversus ecclesiam traditorum ("Against the church of the traditores"). While it has been lost, it appears to have been widely read by his contemporary Catholic opponents. Optatus published his great work De schismate Donatistarum ("On the schism of the Donatists") in response to Parmenian. Judging by Optatus' response, we can infer that Parmenian held the standard rigorist position of the Donatists that "the sacrifice of a sinner is polluted," and that baptism cannot be validly conferred by a sinner, such as one of the traditores.
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If she was female, she remains female.” The document also concludes that a “sex-change” operation could be morally acceptable in certain extreme cases, but that in all cases transgender people cannot validly marry. Pope Benedict XVI has denounced gender theory, warning that it blurs the distinction between male and female and could thus lead to the "self-destruction" of the human species. He warned against alteration of the term "gender": "What is often expressed and understood by the term 'gender,' is definitively resolved in the self-emancipation of the human being from creation and the Creator," he warned.
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In 1891, German botanist Otto Kuntze renamed Cantharellus canadensis as Trombetta canadensis, and C. floccosus as Merulius floccosus. Franklin Sumner Earle made C. floccosus the type species of the new genus Turbinellus in 1909, in which he placed two other North American species. He remarked that the three "constitute a striking and well-marked genus which seems to have more in common with the club-shaped species of Craterellus than with the following genus where they have always been placed." This was not widely taken up, as Earle's new combination was not published validly according to nomenclatural rules.
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In the last stages of the litigation Robert, though generally regarded as a "sober and learned man", became so irritated that he insulted one of the judges, and as a result was briefly committed to the Fleet Prison. Apart from his father's insolvency, the principal threat to his political career was his family's traditional attachment to the Roman Catholic faith. Robert himself was a zealous Protestant, but his sister Elizabeth, Lady Thurles, mother of the first Duke of Ormond, was a prominent recusant. In 1624 he stood unsuccessfully for Parliament as member for Gloucestershire and petitioned to be declared validly elected, also unsuccessfully.
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The judgment was delivered by Lady Justice Kalpana Rawal, who said the electoral process was marred by irregularities. Lady Justice Rawal told a packed court that Mr Wathika was not validly elected, but said that she would issue a ruling in the afternoon on whether to stay the judgment before giving the parliamentary Speaker a certificate nullifying the MP's election. The by-election was held on 20 September 2010. He failed to retain the seat, as the poll was won by Gideon Mbuvi Kioko of NARC-Kenya followed by Reuben Ndolo of ODM, while Wathika was left third.
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Lesotho does not have a single code containing its laws; it draws them from a variety of sources including: Constitution, Legislation, Common Law, Judicial precedent, Customary Law, and Authoritative texts. The Parliament building in Maseru The Constitution of Lesotho came into force after the publication of the Commencement Order. Constitutionally, legislation refers to laws that have been passed by both houses of parliament and have been assented to by the king (section 78(1)). Subordinate legislation refers to laws passed by other bodies to which parliament has by virtue of section 70(2) of the Constitution validly delegated such legislative powers.
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Gasparri holds it as received practice that it suffices if the reasons alleged be actually true at the moment when the petition is presented. It is certain, however, that the executor required by Penitentiaria rescripts may safely fulfil his mission even if the pope should die before he had begun to execute it. The executor named for public impediments is usually the ordinary who forwards the supplica and for secret impediments an approved confessor chosen by the petitioner. Except when specially authorized, the person delegated cannot validly execute a dispensation before he has seen the original of the rescript.
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Abstracts of Papers and Posters with Program, Excursion Guidebook, p. 41 In 2006, in his doctoral thesis he named this Gideonmantellia amosanjuanae; as a nomen ex dissertatione this name was as yet invalid though.Ruiz-Omeñaca, J.I., 2006, Restos directos de dinosaurios (Saurischia, Ornithischia) en el Barremiense (Cretácico Inferior) de la Cordillera Ibérica en Aragón (Teruel, España). Tesis Doctoral, Facultad de Ciencias, Universidad de Zaragoza, España pp 584 In 2012, the type species Gideonmantellia amosanjuanae was validly named and redescribed by Ruiz-Omeñaca, José Ignacio Canudo, Gloria Cuenca- Bescós, Penélope Cruzado-Caballero, José Manuel Gasca and Miguel Moreno- Azanza.
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In the Third Figure only mixed Ratiocinations are possible. Pattern of Third Figure: Subject...............Predicate Middle Term........Major Term........Major Premise Middle Term.........Minor Term........Minor Premise Minor Term........Major Term...........Conclusion The rule of the third figure is: Whatever belongs to or contradicts a subject, also belongs to or contradicts some things that are contained under another predicate of this subject. An example of a syllogism of the third figure is: All mammals are air-breathers, All mammals are animals, Therefore, some animals are air-breathers. This validly follows only if an immediate inference is silently interpolated.
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His reappointment was challenged in the Supreme Court on the basis that the judges had not validly been removed. The Supreme Court held that County Court judges held office at pleasure and the Governor in council could remove them without cause.. The government refused to give County Court judges security of tenure and Rogers resigned from 29 June 1878, on a pension. Rogers returned to the bar and was appointed a Queen's Counsel on 2 July 1878. Rogers, was awarded a Master of Arts by University of Melbourne, was appointed a Law Lecturer at that University in 1878.
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The original jurisdiction of the court is set out in Section 127 of the Constitution. It lies with the interpretation or enforcement of any provisions of the Constitution, besides Sections 18 to 33 and Section 36(5); on any question of whether law was made in excess of the powers conferred by the Constitution or in other statutes; on any question of whether a person was validly elected to the presidency (Section 49) or the National Assembly; or on any question of whether the contents of an official document should be produced in court proceedings if national security issues are at stake.
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21 Any meaning that meets the above criteria, and is recognized by another as meeting the criteria, is considered "vindicated" or communicatively competent. In order for anyone to speak validly — and therefore, to have his or her comments vindicated, and therefore reach a genuine consensus and understanding — Habermas notes that a few more fundamental commitments are required. First, he notes, actors have to treat this formulation of validity so seriously that it might be a precondition for any communication at all. Second, he asserts that all actors must believe that their claims are able to meet these standards of validity.
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The court rejected the respondents' argument that the anti-authorization provision was a valid preemption of state law under the Supremacy Clause of the U.S. Constitution.Murphy, slip op. at 21–24 The Supremacy Clause, the court pointed out, "is not an independent grant of legislative power to Congress" but "[i]nstead, it simply provides a rule of decision."Murphy, slip op. at 21 For a federal provision to validly preempt state law, "it must represent the exercise of a power conferred on Congress by the Constitution[,] pointing to the Supremacy Clause will not do",Murphy, slip op.
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When describing the first validly published specimen in 2002 (Scansoriopteryx heilmanni), Czerkas and Yuan proposed that various primitive features of the skeleton (including a primitive, "saurischian-style" pubis and primitive hip joint) showed that scansoriopterygids, along with other maniraptorans and birds, split from other theropods very early in dinosaur evolution. However, this interpretation has not been followed by most other researchers. In a 2007 cladistic analysis of relationships among coelurosaurs, Phil Senter found Scansoriopteryx to be a member of the clade Avialae. This view was supported by a second phylogenetic analysis performed by Zhang et al.
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It has been found that someone who is sensitive to their BIS will be more receptive to the negative cues as compared to someone who is sensitive to their BAS and therefore responds more to cues in the environment that relate to that system, specifically positive or rewarding cues. Researchers besides Gray have shown interest in this theory and have created questionnaires that measure BIS and BAS sensitivity. Carver and White have been the primary researchers responsible for the questionnaire. Carver and White created a scale that has been shown to validly measure levels of individual scores of BIS and BAS.
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The snakestem pincushion was described several times before the start of binomial nomenclature. In 1696, Leonard Plukenet, an early English botanist and gardener to Queen Mary, described it as: Leucadendros Africana sive Scolymocephalus, angustiori folio, apicibus tridentatis (African white tree with artichoke heads, narrow leaves with three teeth at the tip). Other early authors are John Ray (1704), Herman Boerhaave (1720), George Clifford III (1737), Adriaan van Royen (1740) and Johann Anton Weinmann (1745). The species was first validly described by Carl Linnaeus in his 1753 work ', as Leucadendron hypophyllocarpodendron, one of the longest names in that work.
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In some countries, such as the Australia, Canada, China, Japan, Russia, United States, a grace period exists for protecting an inventor or their successor in title from authorised or unauthorised disclosure of the invention before the filing date. That is, if the inventor or the successor in title publishes the invention, an application can still be validly filed which will be considered novel despite the publication, provided that the filing is made during the grace period following the publication. The grace period is usually 6 or 12 months. In China, the grace period is 6 months.
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Although he came in fourth in the 2017 Nairobi gubernatorial elections held on 8 August 2017, Miguna refused to concede defeat. In the August 2017 presidential election, Odinga and his supporters alleged that Kenyatta's election victory was a fraud. The Supreme Court of Kenya nullified the declaration of Uhuru Kenyatta and William Ruto as validly elected President and Deputy President, respectively. The Supreme Court also held that the Independent Electoral and Boundaries Commission (IEBC) had committed numerous illegalities and irregularities and failed to conduct the 8 August 2017 presidential election in strict adherence to the Constitution of Kenya, 2010 and other applicable statues.
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The Betaproteobacteria are one of the eight classes that make up the "Proteobacteria". The Betaproteobacteria are most closely related to the Gammaproteobacteria, Acidithiobacillia and Hydrogenophilalia, and together they make up a taxon which has previously been called "Chromatibacteria". Four orders of Betaproteobacteria are currently recognised — the Burkholderiales, the Neisseriales, the Nitrosomonadales and the Rhodocyclales. The name "Procabacteriales" was also proposed for an order of endosymbionts of Acanthamoeba, but since they cannot be grown in culture and studies have been limited, the name has never been validly or effectively published, and thus is no more than a nickname without any standing in nomenclature.
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Under U.S. law and with rare exceptions,Three examples of potential exceptions are: # Grand jury witnesses may be given a grant of immunity and compelled to give testimony under oath. A grant of immunity removes the possibility of the jeopardy of self incrimination, and therefore removes the right to remain silent to avoid self incrimination. # The right against self-incrimination does not prevent a self-regulatory organization (SRO), such as the National Association of Securities Dealers (NASD), from imposing otherwise valid sanctions when the privilege is validly asserted, since these organizations are generally not considered as state actors. # In Raffel v.
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Matrimony, from Rogier Van der Weyden's altarpiece Matrimony, or Marriage, is another sacrament that consecrates for a particular mission in building up the Church, and that provides grace for accomplishing that mission. This sacrament, seen as a sign of the love uniting Christ and the Church, establishes between the spouses a permanent and exclusive bond, sealed by God. Accordingly, a marriage between baptized people, validly entered into and consummated, cannot be dissolved. The sacrament confers on them the grace they need for attaining holiness in their married life and for responsible acceptance and upbringing of their children.
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A syllogism (, syllogismos, 'conclusion, inference') is a kind of logical argument that applies deductive reasoning to arrive at a conclusion based on two or more propositions that are asserted or assumed to be true. In a form, defined by Aristotle, from the combination of a general statement (the major premise) and a specific statement (the minor premise), a conclusion is deduced. For example, knowing that all men are mortal (major premise) and that Socrates is a man (minor premise), we may validly conclude that Socrates is mortal. Syllogistic arguments are usually represented in a three-line form: > All men are mortal.
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Because of this, the Court opined that 200 years was too long to be out of OIN ownership. Therefore, OIN could not reassert its tribal immunity over those lands as an automatic mechanism. In further support of the decision to overturn, Justice Ginsburg noted that to affirm the lower courts' holdings would cause too much upheaval for the city, the county, and the state who exerted jurisdiction over the land for 200 years without notice that it was not validly done. Affirming the injunctive relief the OIN sought did not consider the loss of tax revenue to the city.
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In 1987 the United States Supreme Court ruled that the Louisiana act was also unconstitutional, because the law was specifically intended to advance a particular religion. At the same time, it stated its opinion that "teaching a variety of scientific theories about the origins of humankind to school children might be validly done with the clear secular intent of enhancing the effectiveness of science instruction", leaving open the door for a handful of proponents of creation science to evolve their arguments into the iteration of creationism that later came to be known as intelligent design. Introduction, pp. 7–9.
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The Omaha Tribal Code indicates at section 19-1-2.a that all marriages validly performed in the jurisdiction where and when performed are valid. Section 19-1-5 provides that during a ceremony of choice, the parties must take each other as husband and wife and the person performing the ceremony must thereafter declare them to be husband and wife. Void and voidable marriages per section 19-1-6 include those within prohibited degrees of consanguinity, those in which a party had a living spouse and those in which a party is incapable of having sexual relations or was forced or coerced.
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Molecular phylogenetic analysis has greatly aided the demarcation of clear monophyletic groups among the Tricholomataceae. So far, most of these groups have been defined cladistically rather than being defined as formal Linnean taxa, though there have been several cases in which older proposed segregates from the Tricholomataceae have been validated by evidence coming from molecular phylogenetics. As of 2006, validly published families segregated from the Tricholomataceae include the Hydnangiaceae, Lyophyllaceae, Marasmiaceae, Mycenaceae, Omphalotaceae, Physalacriaceae, and Pleurotaceae. Arnolds (1986) and Bas (1990) also place the genera of the Hygrophoraceae within this family, but this classification is not accepted by the majority of fungal taxonomists.
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Although the puffball was originally described as new to science by Elizabeth Eaton Morse in 1935, it was not published validly until 60 years later. The species is named for its resemblance to Calvatia sculpta, from which it can be usually distinguished in the field by its less prominent pyramidal warts, and microscopically by the antler-like branches of its capillitium (thread-like material among the spores). Calbovista subsculpta is a good edible species while its interior flesh (the gleba) is still firm and white. As the puffball matures, its insides become dark brown and powdery from mature spores.
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Upon receipt of those payments, the CAA discharged the liens it asserted. The amounts were paid pursuant to agreements which entitled the respondents to recover the moneys, together with interest, if it were to be held that, as against the respondents, the liens did not validly secure payment of the charges, or for any reason the liens, or the charges, or both, were, in whole or in part, illegal, void or unenforceable. In the Federal Court Canadian Airlines successfully contended that the charges contravened section 67 of the Act, in that they amounted to taxation. Airservices Australia subsequently appealed the decision.
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Spearwood was first formally described in 1812 by James Edward Smith who gave it the name Metrosideros ericifolia from a specimen collected by Archibald Menzies during the Vancouver expedition's stop at King George Sound in 1791. The description was published in The Cyclopedia edited by Abraham Rees. When he published his description of the genus Kunzea in 1828, Ludwig Reichenbach referred to Kunzea ericifolia but did not validly publish the name. However, in 1840 Gustav Heynhold published the name in Alphabetische und Synonymische Aufzahlung der in den Jahren 1840 bis 1846 in den europäischen Gärten eingeführten Gewächse nebst Angabe ihres Autors.
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From the 1920s onwards, Soviet scientists discovered fragmentary fossils near Dzharakuduk in the district Navoi Viloyat, leading them to the conclusion that some ceratopsid must have been present. In 1988, paleontologist Lev Aleksandrovich Nesov based on these published the name Turanoceratops tardabilis,Nessov L.A., 1988, "[Assemblages of vertebrates of the late Mesozoic and Paleocene of Middle Asia]", Trudy XXXI Sess. Vsesoyuz Paleont. Obshchestva. Nauka, Leningrad, pp 93–101 but did not provide a description so that for the time being it remained a nomen nudum. In 1989, Nesov, L.F. Kaznysjkina and Gennady Olegovich Cherepanov validly named the type species Turanoceratops tardabilis.
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There are differing positions regarding the manner in which same-sex marriage has been introduced into democratic jurisdictions. A "majority rules" position holds that same-sex marriage is valid, or void and illegal, based upon whether it has been accepted by a simple majority of voters or of their elected representatives. archived here. In contrast, a civil rights view holds that the institution can be validly created through the ruling of an impartial judiciary carefully examining the questioning and finding that the right to marry regardless of the gender of the participants is guaranteed under the civil rights laws of the jurisdiction.
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The election shall be held the third Sunday of November of the year immediately before the end of the administration of the president then holding office. Should there be more than two candidates in the presidential election, none of them obtaining more than half of the votes validly cast, a new election shall be held. The second election ("balloting"), in the manner determined by law, shall be held the fourth Sunday after the first election, limited to the two candidates with the highest relative majorities. Then, the candidate with the majority of valid votes in that round is elected president.
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Since no proposition can be validly logically deduced from any it contradicts, according to Duhem, Newton must not have logically deduced his law of gravitation directly from Kepler's Laws. Duhem's name is given to the underdetermination or Duhem–Quine thesis, which holds that for any given set of observations there is an innumerably large number of explanations. It is, in essence, the same as Hume's critique of induction: all three variants point at the fact that empirical evidence cannot force the choice of a theory or its revision. Possible alternatives to induction are Duhem's instrumentalism and Popper's thesis that we learn from falsification.
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In the Roman Catholic Church, it is "the authority, privilege, or permission, to perform an act or function. In a broad sense, a faculty is a certain power, whether based on one's own right, or received as a favour from another, of validly or lawfully doing some action." The most common use of the term is in the context of 'priestly faculties', which is the permission given to a priest by his diocesan bishop or religious superior, legally permitting him to perform the Sacraments. Normally, a priest's faculties only permit him to celebrate within his own diocese or religious institute.
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Camarophyllopsis was circumscribed by Czech mycologist Josef Herink in 1958, with Hygrophorus schulzeri as the type and only species. Roger Heim had the year previously treated this group of species under the name Hodophilus, but this was invalid because he did not include a Latin diagnosis for the genus, as was required by the rules of botanical nomenclature at the time. Rolf Singer published Hygrotrama in March 1959 (with type species Hygrotrama dennisianum), and Heim later (1966) published the name Hodophilus validly (type species H. foetens). Since Camarophyllopsis was published earlier than either of these competing names, it has priority.
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Article 67.9 of the ICZN states "If a validly fixed type species is later found to have been misidentified, the provisions of Article 70.3 apply." Article 70.3 in turn states "If an author discovers that a type species was misidentified, the author may select, and thereby fix as type species, the species that will, in his or her judgment, best serve stability and universality, either." M. cataphractus best serves stability because it is the most well-studied species of Mecistops with the most readily recognizable and assignable type material. It also has the widest use in the scientific literature.
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The genus used to be known as Eucharia, established by Jean Baptiste Boisduval in 1870, but that name had earlier been proposed for a genus of arctiid moths. The first attempt to establish a replacement name may have failed on technical grounds; the name chosen, Annamaria, was subsequently argued to be a nomen nudum per Article 13.1 of the ICZN Code, because an appropriate genus description was not given. Lamasina was validly established in 2002, but if "Annamaria" is valid after all, Lamasina is its junior synonym. The matter has been submitted to the ICZN for discussion.
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Once the parties contractual negotiations have concluded, a contract will be validly created where, as discussed above, a party makes a simple acceptance to another party's offer, which can incorporate acceptance to any previous qualified acceptances/offers conditions made. This point is known as the conclusion of missives and ends the contractual stage of the voluntary transfer of land. The conclusion of missives typically takes a few weeks to occur due to the due diligence process that each party must undertake before the creation of a legally binding agreement.Stair Memorial Encyclopaedia, Conveyancing (2nd reissue), Ch 2, Missives and Other Obligations, para 9.
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The Plenum will meet at least once c month, except in the holiday period of August, as well as the extraordinary calls made by the President with justified cause, or upon request of three members of the Plenum. The quorum to validly constitute the meetings shall be two thirds of its members and their resolutions shall be adopted by a majority of participants, except in cases where the law requires a qualified majority. The discussions of the Plenum are confidential, must be kept secret by attendees and all those who could know them by reason of their duties.
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In biology, a tagma (Greek: τάγμα, plural tagmata – τάγματα) is a specialized grouping of multiple segments or metameres into a coherently functional morphological unit. Familiar examples are the head, the thorax, and the abdomen of insects. The segments within a tagma may be either fused (such as in the head of an insect) or so jointed as to be independently moveable (such as in the abdomen of most insects). Usually the term is taken to refer to tagmata in the morphology of members of the phylum Arthropoda, but it applies equally validly in other phyla, such as the Chordata.
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The Catholic Church also has requirements before Catholics can be considered validly married in the eyes of the Church. A valid Catholic marriage results from four elements: (1) the spouses are free to marry; (2) they freely exchange their consent; (3) in consenting to marry, they have the intention to marry for life, to be faithful to one another and be open to children; and (4) their consent is given in the canonical form, i.e., in the presence of two witnesses and before a properly authorized church minister. Exceptions to the last requirement must be approved by church authority.
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Ceremony of Marriage (Giulio Rosati) The husband and wife must validly execute the marriage contract. In the Latin Catholic tradition, it is the spouses who are understood to confer marriage on each other. The spouses, as ministers of grace, naturally confer upon each other the sacrament of matrimony, expressing their consent before the church. This does not eliminate the need for church involvement in the marriage; under normal circumstances, canon law requires for validity the attendance of the local bishop or parish priest (or a priest or deacon delegated by either of them) and at least two witnesses.
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It was later discovered that Wood had not been an Australian citizen at the time of his election. The High Court unanimously determined that, as he had not been an Australian citizen, he had not been eligible to be nominated for election as a senator and therefore had not been validly elected. The decision was based on the requirement in the Commonwealth Electoral Act 1918 that a candidate must be an Australian citizen. The High Court expressly declined to rule on the question of whether being a citizen of the United Kingdom would also disqualify a candidate from election..
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The period of priority, i.e., the period during which the priority right exists, is usually 6 months for industrial designs and trademarks and 12 months for patents and utility models. The period of priority is often referred to as the priority year for patents and utility models. In patent law, when a priority is validly claimed, the date of filing of the first application, called the priority date, is considered to be the effective date of filing for the examination of novelty and inventive step or non-obviousness for the subsequent application claiming the priority of the first application.
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A bill assented to by a Governor-General or colonial Governor would pass into law, but might still be disallowed by the King or Queen in Council, usually within a certain timeframe after its passage. Once notice of the disallowance was communicated to the colonial authorities, the Act in question would cease to operate as law. Disallowance was not retroactive, so anything validly done under an Act's terms before its disallowance remained legal. Sometimes a bill that had passed into law might be suspended by its own terms until the Sovereign's pleasure was made known, i.e.
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Metachlamydia lacustris and Protochlamydia species were found at the National Center for Biotechnology Information (NCBI) but have no standing with the Bacteriological Code (1990 and subsequent Revision) as detailed by List of Prokaryotic names with Standing in Nomenclature (LPSN) as a result of the following reasons: • No pure culture isolated or available for prokaryotes. • Not validly published because the effective publication only documents deposit of the type strain in a single recognized culture collection. • Not approved and published by the International Journal of Systematic Bacteriology or the International Journal of Systematic and Evolutionary Microbiology (IJSB/IJSEM).
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In 1959, Spiazzi published an article, which costs him banning from Rome and the wrath of Pope John XXIII. Aware of discussions on the continued mandatory priestly celibacy, most prominently by the Cardinal Archbishop Emmanuel Célestin Suhard of Paris, Spiazzi argued in Monitor Ecclesiasticus, that historical evidence for mandatory priestly celibacy was extremely shaky. He pointed out, that even at the Ecumenical Council of Trent, the fathers did not consider clerical celibacy a matter of divine positive law, "nor could they since there were validly ordained married priests in communion with Rome". Pope John XXIII was not amused.
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Rex Book Store, Manila In the Ratification Cases, six of the 10 members of the court (the Chief Justice, and Justices Makalintal, Zaldivar, Castro, Fernando, and Teehankee) said that the 1973 Constitution had not been ratified validly. But Justices Makalintal and Castro said that the people had acquiesced to the 1973 Constitution whether or not the ratification was valid, saying that the question of whether the Constitution could be invalidated was a political determination and not a judicial one. The Constitution was thus effectively upheld. Marcos would continue to rule as a dictator until being ousted by the People Power Revolution in 1986.
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" Inferno was reviewed in Dragon #44 (December 1980) by William Fawcett. He commented that "This is one of the more expensive and longest modules offered by Judges Guild. It is a mixed offering with some excellent points and some potential problems. Many DMs will like this module just because it is perhaps the one situation where they can validly play with Asmodeus as a wandering monster!" Regarding the commentary on TSR's placement of the archdevils, he stated that "Actually there is support for both placements; the argument harkens back to the days of the “angels on a pin” discussions.
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The meaning of the word law in Article 9(1) has a direct bearing on the scope of the Article. If law is read broadly (for example, as incorporating customary international law principles), the scope of the fundamental liberties would be wider. It would be narrower if, on the other hand, law is construed narrowly, as the Legislature would be able to curtail such rights through legislation more easily. This could lead to a watering-down of the emphasis on fundamental liberties, as any infringement might be considered legitimate so long as the statute in question was validly enacted.
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From about the 12th to the 17th century, "handfasting" in England was simply a term for "engagement to be married", or a ceremony held on the occasion of such a contract, usually about a month prior to a church wedding, at which the marrying couple formally declared that each accepted the other as spouse. Handfasting was legally binding: as soon as the couple made their vows to each other they were validly married. It was not a temporary arrangement. Just as with church weddings of the period, the union which handfasting created could only be dissolved by death.
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Appeal was allowed by the Privy Council, which noted that the law in this field provided that the lenders in London were entitled to claim from the Bank at its head office in Montreal the money which they had advanced for a purpose that had ceased to exist.as stated in Wilson v Church (13 Ch. D. 1, at p. 29), the principle being subsequently affirmed by the House of Lords in The National Bolivian Navigation Company v Wilson (1880) (5 AC 176) Therefore, this was a civil right that existed outside the Province of Alberta, and the Legislature of Alberta could not legislate validly against it.
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Another aspect of the conditioning of statistical tests by knowledge of the data can be seen while using the . A crucial step in the process is to decide which covariates to include in a relationship explaining one or more other variables. There are both statistical (see Stepwise regression) and substantive considerations that lead the authors to favor some of their models over others, and there is a liberal use of statistical tests. However, to discard one or more variables from an explanatory relation on the basis of the data means one cannot validly apply standard statistical procedures to the retained variables in the relation as though nothing had happened.
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Kramer filed his complaint, seeking to enjoin the school district from enforcing Section 2012 against him, in the United States District Court for the Eastern District of New York. He contended that the statute violated his rights under the Equal Protection Clause of the Fourteenth Amendment, as it had been construed in recent Supreme Court decisions such as Harper v. Virginia State Board of Elections. The school district argued that the statute validly limited the franchise in school elections to those primarily affected by the results of the election, namely property taxpayers in the school district and parents of children attending the district's schools.
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To the end he maintained that John XXII had become a heretic by his four decretals, that he and his successors had forfeited the papacy, and that no priest supporting them could absolve validly. The "Poor Hermits" of Monte della Majella, near Sulmona were adherents of Angelo da Clareno,Brackney, William H., Historical Dictionary of Radical Christianity, Scarecrow Press, 2012, p. 130 and at one time afforded protection to the famous tribune of the people, Cola di Rienzi (1349). Fanatical as they were on the subject of poverty, they were, in accordance with ancient custom, sheltered by the Celestine monks in the nearby abbey of Santo Spirito.
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The Waterside Workers' Federation of Australia applied to the Commonwealth Court of Conciliation and Arbitration for a penalty to be imposed on J W Alexander Ltd for the breach of an award. H. B. Higgins was appointed for life as a judge of the High Court, however his appointment as President of the Commonwealth Court of Conciliation and Arbitration was for seven years only. J W Alexander Ltd objected to the case being heard by the Court, arguing that the Court was not validly constituted because the President was not appointed for life. Higgins referred questions for the opinion of the High Court, by way of a stated case.
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"Aquifex aeolicus" is a chemoautotrophic, Gram-negative, motile, generally rod-shaped bacterium with an approximate length of 2.0-6.0μm and a diameter of 0.4-0.5μm. "A. aeolicus" is neither validly nor effectively published and, having no standing in nomenclature, should be styled in quotation marks. It is one of a handful of species in the Aquificae phylum, an unusual group of thermophilic bacteria that are thought to be some of the oldest species of bacteria, related to filamentous bacteria first observed at the turn of the century. "A. aeolicus" grows best in water between 85 °C and 95 °C, and can be found near underwater volcanoes or hot springs.
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On September 21, 2012, the state's Division of Taxation, ruling in an estate tax case, announced it would treat couples in same-sex marriages or civil unions established in other jurisdictions as legally married, basing its decision on the state's civil unions law and the state's tradition of recognizing marriages validly performed elsewhere. Rhode Island has provided benefits to same-sex partners of state employees since 2001.National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees". Retrieved April 16, 2011 A bill to legalize same-sex marriage was introduced in the Rhode Island General Assembly on January 11, 2011.
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Following the Conservative Party's defeat at the 2005 general election, in a speech on 6 May 2005, Howard announced his intention to retire as leader of the Conservative Party. However, he indicated that before he stood down he wanted to oversee changes to the Party’s process of electing a new leader. These new proposals were set out in principle in the Conservative Party document A 21st Century Party: # To be validly nominated, candidates would require the support of 10 per cent of Conservative MPs. # If one Candidate is nominated by over half of the Parliamentary Party, he or she would automatically be declared leader.
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He went on to challenge the result of the election in a petition filed to the Benue State Governorship Tribunal claiming that the winner, Governor Samuel Ortom, was not validly nominated to contest for the seat. His claim was however dismissed by the court of appeal on grounds that it lacked merit. On 30 April 2017 the Daily Trust Newspaper reported that Tarzoor hopes to re- contest for the seat in the on-coming 2019 general elections. On 12 July 2017, there were newspaper reports that Tarzoor narrowly escaped death in an attack by political thugs at Yandev in Gboko, the home town of his wife Sophie.
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In Smith v Parsons, an important case in South African succession law, Smith was the partner of the deceased who sought an order to accept the deceased's suicide note as an amendment to the deceased's will. The deceased had validly executed a will in 2003 making his son, Jeremy, his sole heir. The suicide note said that Smith could have the house they had lived in; that she had access to a bank account holding about R600,000; and that the residue of his estate was to go to his son. The question before the court was whether the suicide note could constitute a codicil (amendment).
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'The All-Species Living Tree' Project logo 'The All-Species Living Tree' Project is a collaboration between various academic groups/institutes, such as ARB, SILVA rRNA database project, and LPSN, with the aim of assembling a database of 16S rRNA sequences of all validly published species of Bacteria and Archaea. At one stage, 23S sequences were also collected, but this has since stopped. Currently there are over 10,950 species in the aligned dataset and several more are being added either as new species are discovered or species that are not represented in the database are sequenced. Initially the latter group consisted of 7% of species.
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There are two aspects to this: # The first formal scientific name given to a plant or animal taxon shall be the name that is to be used, called the valid name in zoology and correct name in botany. # Once a name has been used, no subsequent publication of that name for another taxon shall be valid (zoology) or validly published (botany). There are formal provisions for making exceptions to this principle. If an archaic or obscure prior name is discovered for an established taxon, the current name can be declared a nomen conservandum (botany) or conserved name (zoology), and so conserved against the prior name.
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The fact that the respondent had accepted and deposited the applicant's cheque was yet another indication that a lease had come into existence. The respondent, then, had failed to discharge the onus of proving that signature by the parties to the memorandum had been an essential prerequisite to a binding lease. As to the question of whether or not the lease had been validly cancelled, the court held that the agreement had not provided for any days of grace for the payment of rent. The respondent had thus been entitled to terminate the lease when the applicant had submitted payment for November after November 1.
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Justice Byron White Justice Byron White filed a dissenting opinion, joined by Justices Hugo Black, William O. Douglas, and Tom C. Clark. The four-justice dissent addressed only the preemption issue: "Since we in the minority have concluded that the Agricultural Adjustment Act and regulations promulgated thereunder leave no room for this inconsistent and conflicting state legislation, we reach only the Supremacy Clause issue."373 U.S. at 160. The dissent invoked the same legal standard for preemption as the majority: > The ultimate question for the Court is whether the California law may > validly apply to Florida avocados which the Secretary or his inspector says > are mature under the federal scheme.
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Thus the Manharter first of all cut themselves off from their priests, because they considered them to have been excommunicated. They went further and proclaimed that the majority of French and German bishops and priests, as supporters of Napoleon in the established Church, had severed themselves from the supreme pontiff, and therefore from the Catholic Church itself. Consequently, they were now devoid of sacerdotal powers; all of their ecclesiastical functions were null and void; they could neither consecrate nor absolve validly. The Manharter thus believed themselves to be the only genuine Catholics in the land, and they professed to be true adherents of the pope.
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Section 157(2). See also paragraphs 308-309 of the Commissioner's After the judges trying a petition against the result of a parliamentary election have determined whether the successful candidate was validly elected or not, they issue a certificate of their decision to the Speaker of the House of Commons. If the two judges disagree as to whether the election is valid, the original result of the election stands. In the case of a local government election in England and Wales, the commissioner issues a certificate of their decision to the High Court (in Scotland, the commissioner's determination does not need to be certified to the Court of Session).
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Knight v. Superior Court, that Prop 22 also included within the initiative's ambit marriages licensed within the state: > The plain language of Proposition 22 and its initiative statute, section > 308.5, reaffirms the definition of marriage in section 300, by stating that > only marriage between a man and a woman shall be valid and recognized in > California. This limitation ensures that California will not legitimize or > recognize same-sex marriages from other jurisdictions, as it otherwise would > be required to do pursuant to section 308, and that California will not > permit same-sex partners to validly marry within the state.Knight v. > Superior Court (Schwarzenegger) (2005) 128 Cal. App.
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With the passage > of Proposition 22, then, only opposite-sex marriages validly contracted > outside this state will be recognized as valid in California.Armijo v. Miles > (2005) 127 Cal. App.4th 1405, 1424 The Armijo court may not have ruled that the historical purpose of Prop 22 limited its scope to out of state marriages. The court appears to have ultimately presumed that Proposition 22 did indeed apply to in-state arrangements deemed to be "marriages," but held that the challenged wrongful death statute did not violate that prohibition: > The question remaining is whether the portion of AB 2580 that amends the > wrongful death statute subverts Proposition 22.
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David Loades, Henry VIII and His Queens (1994) p 179 Pope Clement VII refused to grant the annulment because, according to Roman Catholic teaching, a validly contracted marriage is indivisible until death, and thus the pope cannot annul a marriage simply because of a canonical impediment previously dispensed.To marry Catherine in the first place, Henry had requested and received a special dispensation from Pope Julius II to allow the wedding. The Treasons Act was later passed: it provided that to disavow the Act of Supremacy and to deprive the king of his "dignity, title, or name" was to be considered treason."Treason Act, 1534 " English Reformation Sources.
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Six of the Justices ruled that the Act was invalid, over the sole dissent of the Chief Justice John Latham. All seven judges accepted that the Commonwealth had legislative power to deal with subversion (although they differed as to the precise location of such a power) and that it had validly done so in the Crimes Act 1914 (Cth). Unlike the challenged law, the sedition provisions left questions of guilt to the courts to determine through criminal trials. However, the Communist Party Dissolution Act 1950 (Cth) had simply declared the Party guilty and had authorised the executive government to 'declare' individuals or groups of individuals.
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The semi-finals stage is divided into three races: the top two progress to the final by right and the two fastest non-qualifiers complete the eight finalists. Changes to the international false start rules were also introduced – any validly recorded reaction time to the starter's pistol of below 0.1 seconds will result in instant disqualification. At the 2004 and 2008 Olympics one false start was allowed per race, with any subsequent false start resulting in disqualification for the offending athletes. At Olympics prior to 2004 each athlete was allowed one false start, with a second false start leading to removal from the field.
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Thin-slicing refers to observing a small selection of an interaction, usually less than 5 minutes, and being able to accurately draw conclusions about the emotions and attitudes of the people interacting. Thin slices of the behavioral stream contain important diagnostic and predictive social psychological information. Because thin-slice perception and judgment is sufficiently effective, people's interpersonal perceptions can occur immediately, automatically, and to some extent validly before much can be communicated verbally or through actions and events. Given the limited conditions under which social inference and correction occur, these initial judgments may determine people's ultimate perceptions, evaluations, and theories about those with whom they interact face-to-face.
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In the case of a flowing system of only one chemical constituent, in the Lagrangian representation, there is no distinction between bulk flow and diffusion of matter. Moreover, the flow of matter is zero into or out of the cell that moves with the local center of mass. In effect, in this description, one is dealing with a system effectively closed to the transfer of matter. But still one can validly talk of a distinction between bulk flow and diffusive flow of internal energy, the latter driven by a temperature gradient within the flowing material, and being defined with respect to the local center of mass of the bulk flow.
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Uncertainty over armorial right was removed by the Lyon Register being set up by Statute in 1672, such that no arms were to be borne in Scotland unless validly entered in Lyon Register. Up until 1874, each new baron was confirmed in his barony by the Crown by Charter of Confirmation. Up until 28 November 2004, a barony was an estate of land held directly of the Crown, or the Prince and Great Steward of Scotland. It was an essential element of a barony title that there existed a Crown Charter erecting the land into a barony, recorded in the Register of the Great Seal of Scotland.
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The court declared that Hill was not validly elected at the 1998 federal election. However, they did not declare the whole election invalid, acting on an earlier decision of the court, because although no effect could be given to voters' preferences for Hill, their other preferences were not invalid, and those could be used to determine who should be elected in Hill's stead. The court did not reach a definite decision about what action should be taken, remitting that question to a lower court. Eventually, Len Harris, the number two candidate on the One Nation ticket, was elected in Hill's stead, taking up his seat on 1 July 1999.
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If a contract specifies "subject to finance", it may impose certain obligations on the purchaser:. If the contract is silent on the level of effort required by the finance seeker (usually purchaser) to obtain finance, the finance seeker may come under an implied duty to cooperate. Furthermore, whether the finance seeker may validly claim non- fulfillment of a contingent condition, despite being genuinely satisfied with finance he or she obtained before the expiration of the contingent condition, was not decided in Meehan v Jones. "Subject to finance" provisions may be also referred to as contingent conditions, which come under two categories: condition precedent and condition subsequent.
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In order to validly calculate the relationship between any two boxes in the diagram, Wright (1934) proposed a simple set of path tracing rules, for calculating the correlation between two variables. The correlation is equal to the sum of the contribution of all the pathways through which the two variables are connected. The strength of each of these contributing pathways is calculated as the product of the path-coefficients along that pathway. The rules for path tracing are: # You can trace backward up an arrow and then forward along the next, or forwards from one variable to the other, but never forward and then back.
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For Catholics, baptism is a unique, unrepeatable act; no one who has been baptized validly can receive the full pardon conferred by the sacrament a second time. (ss. 1272) Given these doctrines, it is a matter of serious concern for the Catholic Church if a believing Christian does not receive a valid baptism. The doctrine of baptism of desire seeks to address some of the implications of these teachings. It holds that those who, as adults, come to faith in Christ and become catechumens but who die before receiving baptism nevertheless are admitted to Justification even though the Church teaches that baptism is necessary for salvation.
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Under that doctrine, laid down by the European Court of Justice as early on as in the 1964 Costa v ENEL case, a validly adopted EU act pre-empts any conflicting act under national law from being applied. A national referendum (or law) therefore cannot override the decision of the EU Council of Ministers to relocate asylum seekers within the EU, critics argued. Several domestic and foreign political scientists and journalists argued that the Orbán government considered the referendum as the first step towards withdrawal from the European Union ("Huxit"). Reuters wrote in July 2016 that "Hungary's migrant referendum shows Europe's post-Brexit challenge".
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The genus was originally proposed by Czech mycologist Albert Pilát in 1941, but this publication is invalid because a type species was not designated, contrary to the rules of botanical nomenclature. He published the genus validly in 1953 with two species: Truncospora oboensis, and the type, T. ochroleuca. Leif Ryvarden placed the genus in synonymy with Perenniporia in 1972, but molecular studies have shown that Truncospora is distinct genetically, and comprises part of the "core polyporoid clade", a grouping of fungi roughly equivalent to the family Polyporaceae. The generic name Truncospora is derived from the Latin trunco ("I cut off") and the Ancient Greek ("spore").
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The Faisalabad Development Authority (FDA) was validly established in October 1976 under The Punjab Development of Cities Act (1976) to regulate, supervise and implement development activities in its jurisdiction area.Assessment of Land Development and Management Practices in Five Large Cities of Punjab The FDA acts as a policy-making body for the development of the city and is in charge of arranging and supervising major developments within the city. It is responsible for the administration of building regulations, management of parks and gardens and subsoil water management. The FDA works with the Water and Sanitation Agency (WASA) to control and maintain the water supply, sewerage and drainage.
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Its placement at the rank of species was controversial and several authors, including Raymond Hamet in 1907, John McConnell Black in 1924, and Allen Lowrie in 1989, have reorganized it below the species rank. Others have reduced it to synonymy with Drosera whittakeri. In 1991, Robert J. Bates made the case for recognition at the species rank, authoring the illegitimate name D. aphylla in the process, a name not based on the first validly published description. Recently, several authors have recognized the taxon at the subspecies or species rank, but others have still only recognized it as a part of the very variable single species D. whittakeri sensu lato.
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The Catholic Church teaches that one bishop is sufficient to consecrate a new bishop validly (that is, for an episcopal ordination actually to take place). In most Christian denominations that retain the practice of ordination, only an already ordained (consecrated) bishop or the equivalent may ordain bishops, priests, and deacons. However, Canon Law requires that bishops always be consecrated with the mandate (approval) of the Roman Pontiff, as the guarantor of the Church's unity. Moreover, at least three bishops are to perform the consecration, although the Apostolic See may dispense from this requirement in extraordinary circumstances (for example, in missionary settings or times of persecution).
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The family Russulaceae was first validly named in 1907 by Dutch botanist Johannes Paulus Lotsy, who included three genera: Russula, Lactarius, and Russulina (now considered a synonym of Russula). He emphasised features such as the granular flesh, thick gills, spiny spores, and milky hyphae and rounded cells (sphaerocytes). A prior usage of "Russulariées" by French mycologist Ernst Roze in 1876 is not considered a valid publication, since the proper Latin termination for the family rank specified in article 18.4 of the nomenclature code was not used. Synonyms of Russulaceae include: Ernst Albert Gäumann's Lactariaceae (1926), Fernand Moreau's Asterosporaceae (1953), and David Pegler and Thomas Young's Elasmomycetaceae (1979).
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A marriage between a Catholic and a non-Christian (someone not baptized) is seen by the Church as invalid unless a dispensation (called a dispensation from "disparity of cult", meaning difference of worship) is granted from the law declaring such marriages invalid. This dispensation can only be granted under certain conditions.Rhidian Jones, The Canon Law of the Roman Catholic Church and the Church of England (Continuum 2011 ), p. 56 If the dispensation is granted, the Church recognizes the marriage as valid, but natural rather than sacramental, since the sacraments can be validly received only by the baptized, and the non-Christian person does not share a relationship to Christ.
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The term "victory-title" occurs in English from as early as 1938. Modern monarchs awarded titles in commemoration of major military victories, but in the guise of a feudal aristocratic title, often hereditary, but only in appearance: an actual fief was not required, indeed they often were granted in chief of a battlefield where the awarding monarch simply had no constitutional authority to grant anything validly under local law. This new form was even more specific than the Roman practice. Instead of naming the enemy — which could well need to be repeated — it linked the name of a battle, which was almost always unique.
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From some conservative Catholic standpoints, the Church is controversial enough by its very existence, being a breakaway religious movement from the Roman Catholic Church. Furthermore, its founder and leader, ordained a Roman Catholic priest, has been consecrated bishop "validly but illicitly" in the episcopal lineage of Duarte Costa.Jarvis, Edward. God, Land & Freedom: The True Story of ICAB, Apocryphile Press, Berkeley CA, 2018, pp 166-167 The Church's commitment to the ordination of women led, in 2002, to the much–commented excommunication of seven Roman Catholic women by (then) Cardinal Joseph Ratzinger (now Pope Benedict XVI) of the Vatican's Congregation for the Doctrine of the Faith.
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Mr Stein once again obtained legal aid in relation to those claims, and Mr Blake brought this action to have the proceedings dismissed on the ground that the effect of the statutory set-off under section 323 meant that the claims could not validly be assigned. In the Court of Appeal, where Millett LJ had given the lead judgment, it had been held that the operation of insolvency set-off was procedural. Accordingly, because the assignment had taken place before an account had been taken, the full amount of the claim had been assigned without any deduction for set-off. Against this decision Mr Blake appealed.
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When the genus name Peridictyon was published, the authors cited the type as the combinatio nova P. sancta (Janka) Seberg, Fred. & Baden, based on Festuca sancta Janka. What they did not notice, however, is that the description provided in the publication of F. sancta Janka includes remarks about finding the species, but does not list any features of the plant that would distinguish it from other species in the genus Festuca as is required by the International Code of Nomenclature for algae, fungi, and plants. Articles 6.10 and 38 This oversight has been judged by Index Nominum Genericorum to mean that Peridictyon (and P. sanctum) are not validly published.
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On G.R. No. 195835, penned March 14, 2016, the Supreme Court ruled that For a claim of copyright infringement to prevail, the evidence on record must demonstrate: (1) ownership of a validly copyrighted material by the complainant; and (2) infringement of the copyright by the respondent. It further stated that probable cause is not imputable against the respondent. "G.R. No. 195835, SISON OLAÑO, SERGIO T. ONG, MARILYN O. GO, AND JAP FUK HAI, vs. LIM ENG CO", "Chan Robles Law Library", September 9, 2020 The ruling stemmed from a dispute between LEC Steel Manufacturing Corporation and Metrotech Steel Industries where the former accused the latter infringing its intellectual property rights.
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This species was first described according to the modern Linnaean system of taxonomy by Linnaeus himself in 1753, who called the species Chenopodium fruticosum. A student of his, Peter Forsskål, joined an expedition undertaking a scientific exploration of Egypt, Yemen and further in 1760. Only one explorer survived the journey, but Forsskål's journal and notes made it safely back to Copenhagen, and in 1775 his new data was summarised by the last remaining member of the expedition. Forsskål named a number of Suaeda species from the region, including S. vera, S. vermiculata and S. fruticosa, but the 1775 work was not validly published and therefore the names nomima invalida.
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When Wood applied for a passport some months after entering parliament, it transpired that while he was a long-term resident of Australia, he was a citizen of the United Kingdom and had only obtained Australian citizenship on 3 February 1988. The High Court unanimously determined on 12 May 1988 that as he was not an Australian citizen prior to 3 February 1988, he was not entitled to be nominated for election as a senator case and therefore had never been validly elected. The decision was based on the explicit requirement in the Commonwealth Electoral Act 1918, that a candidate must be an Australian citizen. Qualifications for nomination.
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In field hockey, the International Hockey Federation allows the match umpire to request the opinion of a video umpire as to whether or not a goal has been validly scored, and whether there was a violation in the build-up to a goal. The video umpire can advise on whether the ball crossed the line there was a violation. Ordinarily, teams are not allowed to make such a request or to press the match umpire to do so. On a trial basis, the 2009 Men's Champions Trophy allows for "team referral" by each team captain, to query a goal, penalty stroke, or penalty corner decision.
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These were the first works after Plumier's Genera that used the name Magnolia, this time for some species of flowering trees from temperate North America. The species that Plumier originally named Magnolia was later described as Annona dodecapetala by Lamarck,Lamarck, J.B.P.A. de (1786), Encyclopédie Méthodique Botanique, tome second: 127. Paris. and has since been named Magnolia plumieri and Talauma plumieri (and still a number of other names) but is now known as Magnolia dodecapetala.Under the rule of priority, the first name that is validly published in Linnaeus' Species Plantarum (1 May 1753) or any other work of any other botanist after that, takes precedence over later names.
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On 18 August, the Labor Opposition proposed to the Prime Minister that the challenged ministers who had not stepped aside from their position should do so due to Section 64 of the Constitution of Australia, which requires that nobody can serve as a minister for more than three months unless they are a member of the parliament; ministerial decisions taken by somebody who was not validly occupying ministerial office would themselves be invalid. While Matthew Canavan had already resigned from his positions of Minister for Resources and Northern Australia in the Cabinet prior to Labor's proposition, the other two Cabinet ministers, Barnaby Joyce and Fiona Nash, chose to remain in their positions until the court handed down its decision.
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But in fact, this was a misidentification; Linnaeus' moth was actually the one known today as Agonopterix heracliana. To make matters worse, J. Curtis popularized another incorrect spelling, D. heracleana, apparently first introduced (as Pyralis heracleana) by J.C. Fabricius in his 1775 Systema Entomologiae.Pitkin & Jenkins (2004) When the error of Retzius, Haworth and others was realized, it was assumed that the parsnip moth was only validly described (as Haemilis pastinacella) by P.A.J. Duponchel in 1838, and consequently it was throughout much of the 20th century known as D. pastinacella. But according to the ICZN's judgement, there already was an older valid description - that of J.A.E. Goeze, who in 1783 named the species Phalaena radiella.
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Renewal fees are payable to the EPO in respect of pending European patent applications in respect of the third year from the date of filing. These fees are paid in advance of the year in which they are due (such that the renewal fee for the third year falls due two years from the date of filing) and fall due on the last day of the month containing the anniversary of the date of filing. (previously ). Renewal fees may not be validly paid more than three months before they fall due, except for the renewal fee in respect of the third year which may not be paid more than six months before it falls due.
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An appeal against the assessment by BP Australia to the County Court was dismissed, as was an appeal to the Supreme Court of Victoria. The Supreme Court held that under the Local Government Act the Shire of Hastings could only validly make an agreement with a particular ratepayer for specified land, and not any person who might subsequently become the ratepayer. While the Rating Agreement applied, if at all, by statutory force, it was regarded by the parties and the court as simply a contract between the parties.. BP could have sought leave to appeal the decision to the High Court of Australia. or to the Privy Council, but did not do so.
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Powell, J.E., 1986, Revisión del titanosáuridos de América del Sur, dissertation Universidad Nacional de Tucumán However, he did so in an unpublished dissertation which caused Neuquensaurus australis and Neuquensaurus rubustus to remain invalid nomina ex dissertatione. In 1990, the two species were assigned to Saltasaurus by John Stanton McIntosh, as a Saltasaurus australis and a Saltasaurus robustus, claiming that the features found by Bonaparte were not of sufficient taxonomic importance to justify a generic separation. In 1992 Powell validly named Neuquensaurus, with as type species Titanosaurus australis of which the combinatio nova then is Neuquensaurus australis. He also found Titanosaurus robustus to be assignable to the new genus, but considered it non-diagnostical, and so a nomen dubium.
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Under section 261 a shareholder must, first, show the court there is a good prima facie case to be made. This preliminary legal question is followed by the substantive questions in section 263. The court must refuse permission for the claim if the alleged breach has already been validly authorised or ratified by disinterested shareholders,See CA 2006 s 239, stipulating that a breach of duty can only be ratified by disinterested shareholders. It also appears that disinterested shareholders would not, however, be competent to ratify fraudulent behaviour, contrary to public policy. or if it appears that allowing litigation would undermine the company's success by the criteria laid out in section 172.
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Indeed, the Court > acknowledged in Stone that its decision forbidding the posting of the Ten > Commandments did not mean that no use could ever be made of the Ten > Commandments, or that the Ten Commandments played an exclusively religious > role in the history of Western Civilization. 449 U.S., at 42, 101 S.Ct., at > 194. In a similar way, teaching a variety of scientific theories about the > origins of humankind to schoolchildren might be validly done with the clear > secular intent of enhancing the effectiveness of science instruction. But > because the primary purpose of the Creationism Act is to endorse a > particular religious doctrine, the Act furthers religion in violation of the > Establishment Clause.
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As the Charity Commission and The Pensions Regulator do for charities and pensions,See Pensions Act 2004 ss 1–106 and the Charities Act 2011 ss 2–21 the Financial Conduct Authority in Canary Wharf enforces statutory and fiduciary duties owed by investment businesses under the FSMA 2000. Most duties derive from trust law, but statute makes them compulsory and the regulator ensures compliance. Once a trust has been validly formed, the trust's terms guide its operation. While professionally drafted trust instruments often contain a full description of how trustees are appointed, how they should manage the property, and their rights and obligations, the law supplies a comprehensive set of default rules.
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The National Catholic Reporter describes the priest shortage in Latin America: "Like most other parts of the world, this vast region, home to more than 40 percent of all the world's Catholics, has a worrying shortage of ordained presbyters required for validly celebrating the sacraments, the lifeblood of Catholic Christianity."Vocations shortage has become acute crisis NCR, July 6, 2015 During his visit to Brazil, Pope Benedict XVI briefly noted in his remarks the shortage of priests in Latin America. The shortage of priests is a problem that the church hierarchy there describes as particularly acute. At a time when the Catholic church is losing membership to Pentecostal churches, Evangelical Protestant preachers outnumber Catholic priests 2 to 1.
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Backbone, newsletter of the Department of Vertebrate Zoology, National Museum of Natural History, 13(2) (April): 1–3. To prevent the tainted name "Archaeoraptor" from entering paleornithological literature, this redescription assigned the name to that part of the chimeric specimen least likely to be classified under Aves, rather than to the portion which was later shown to represent a true bird species. Olson presumed that the National Geographic article had already validly named the fossil, and he therefore failed to explicitly indicate the name was new, as demanded by article 16 of the ICZN as a condition for a name to be valid. Several months afterwards Xu, Zhou and Wang published their description of Microraptor zhaoianus in Nature.
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The nomination period lasted for two weeks from 15 to 28 February 2002. On 19 February, only four days after the nomination period opened the Asian Wall Street Journal first reported Tung's de facto victory, as more than 695 Election Committee members had nominated him for a second term, which made it mathematically impossible for anyone else to nominated as the threshold of required for nomination was 100 members. At the end of the nomination period, Tung garnered 712 nominations from the Election Committee and thus was the only validly nominated candidate with the boycott of the pro- democracy camp. The pro-democracy camp argued that the electoral process was deliberately designed to obstruct any challenge to Tung.
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Bernard of Clairvaux, the famous Cistercian abbot and religious leader, exerted all his influence to ensure William's suspension, sending a series of complaints to the new pope that William had been intruded by secular powers into the see, that he was oppressing the Cistercian monasteries and that he had irregularly appointed William of St. Barbara as Dean of York. In the winter of 1145–46 Eugene re-examined the case, declared that William had not been validly consecrated, and suspended him from office.Norton Saint William of York p. 118. William was required to obtain an in-person refutation of the old charges by William of St Barbara, who was now the Bishop of Durham.
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Before the EPA orders were issued, Abitibi filed for protection from its creditors under the Companies' Creditors Arrangement Act ("CCAA"), and an initial stay order and subsequent extension order were both granted by the court. The extension order included an amendment to the initial stay order stating that the stay order would not apply to government regulatory orders. Newfoundland argued that the EPA orders were non-monetary, and thus were not within the scope of the creditor claims process under the CCAA. It also sought a declaration that a court did not have the constitutional competence under CCAA proceedings to fetter the discretion of a Minister of a provincial Crown under a law validly enacted by that province.
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Hon was consecrated in Rome on 5 February 2011 by Pope Benedict, with Cardinals Angelo Sodano and Tarcisio Bertone as co-consecrators. He said of his consecration: "I could feel an airstream when the pope laid his hands with strength on my head". In March 2011, Hon said the planned ordination of priests by the Chinese Patriotic Catholic Association meant "division ... causes great pain to the entire body ... [the] whole body is scarred and bleeding", because no bishop can be validly appointed without a papal mandate. He added that those who have resisted the will of the party, such as Monsignor Li Lianghui (Cangzhou, Hebei) are now in isolation, forced to undergo political re-education classes.
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The 2021 Peruvian general election will be held on April 11, 2021, to elect the president of the Republic of Peru, two vice presidents of the same party, 130 congressmen of the Congress of Peru and 5 Andean parliamentarians for a five-year term from 2021 to 2026. The President and Vice Presidents of the Republic are elected by direct suffrage and in a single electoral district. In the event that no presidential candidate reaches more than 50% of validly cast votes, a second electoral round will be held. On April 11, 130 congressmen will be elected in 26 electoral districts, corresponding to the 24 departments, the Province of Lima and the Constitutional Province of Callao.
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The second important requirement is that the individual who has been wronged must maintain the nationality of the espousing state from the moment of injury until at least the presentation of the claim by way of diplomatic espousal. If the nationality of the individual in question changes in the meantime, the state of his former nationality will not be able validly to espouse his claims. The claim by a state on behalf of its national may also be dismissed or declared inadmissible if there is no effective and genuine link between the national concerned and the state that seeks to protect him (see the International Court of Justice judgment in the Nottebohm case).
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The LDS Church actively opposes this view of the proceedings.The LDS Church maintains that Rigdon was validly excommunicated from the church by the Common Council of the Church on September 8, 1844: see History of the Church 7:268-69. The LDS Church further maintains that William Smith had been disfellowshipped and replaced in the Quorum by Amasa M. Lyman and that John E. Page had been excommunicated and replaced in the Quorum by Ezra T. Benson. Because Lyman and Benson were present at the 1847 reorganization, the LDS Church claims that nine of the nine present members of the Quorum voted in favor of reorganizing Young's First Presidency, which constituted a three-quarters majority vote of the Quorum.
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Where real rights relate to land, a process known as land registration must be completed in order to validly create a real right, following the publicity principle. Historically, it was common for sellers of land to grant multiple dispositions in one piece of land, often as an attempt to defraud multiple buyers. The passage of the Registration Act 1617 by the estates of parliament of the Kingdom of Scotland was as an attempt to curtail this fraud by placing a registration requirement on transfers of ownership; allowing Buyers to act on reliance of the public register when they contracted. Importantly, the Real Rights Act 1693 provided that dispositions would rank in order of the date of registration.
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That description did not satisfy of the requirements of the International Code of Zoological Nomenclature, as the Code did not accept taxa named in electronic publications as validly named until 2012; the name was eventually validated by Pates, Daley & Ortega-Hernández (2018). Its one- to three-centimetre-long appendages are the most commonly found component, and comprise eleven podomeres with a row of steeply-angled double-pointed spines on their upper surface, and five curved, spiny blades protruding from the inner surface. Aside from the double-pointed spines, the appendages resemble those of Hurdia or Peytoia in their overall form. Peytoias are sometimes associated with the appendages; these have a square central opening.
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The public-key method of cryptography allows a sender to sign a message (often only the cryptographic hash of the message) with a sign key in such a way that any recipient can, using the corresponding public key, check the authenticity of the message. To allow this, the public key is made broadly available to all potential recipients. To make sure only the legal author of the message can validly sign the message, the public key is created from a random, private sign key, using a one-way function. This is a function that is designed such that computing the result given the input is very easy, but computing the input given the result is very difficult.
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These popular television programs also explored generational change and conflict in working-class families. One does need to note, however, that there are great variations in cultural values among the members of all classes and that any statement pertaining to the cultural values of such large social groups needs to be seen as a broad generalization. Further, if the hypothesis that culture primarily produces class were true, such a non-dialectical, causal relationship pertains more validly in some low- social mobility societies. Scandinavian countries, by contrast, have discovered that removing structural barriers (and to some extent broadly valorizing working class culture) is effective in increasing social mobility, if not in eradicating social class under capitalism.
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Rav Hanin said in the name of Rav that if the cedar wood and the red thread were merely caught by the flame, they were used validly. They objected to Rav Hanin based on a Baraita which taught that if the thread caught fire in midair, they brought another thread to prepare the water of lustration. Abaye reconciled the two opinions by interpreting the Baraita to speak of a flame that blazed high above the cow, and interpreting Rav Hanin to speak of a subdued flame that consumed the thread near the burning cow. Rava explained the dispute among Tannaim about the weight of the red thread in connection with the Red Cow.
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Thirteen amici including; the United States Chamber of Commerce, the Recording Industry Association of America, the Copyright Alliance, the Software and Information Industry Association, Professional Photographers of America and the National Press Photographers Association, filed briefs in support of Allen. Those briefs proposed various doctrines under which the CRCA could validly abrogate sovereign immunity and variously re-asserted and supported the reasons why Congress examined and enacted CRCA, claiming that Congress was fair in finding that states had abused immunity and that an alternative remedy was needed. On November 5, 2019 the United States Supreme Court heard oral arguments in Allen v. Cooper. A decision in the case is expected in the late spring of 2020.
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The Roman Catholic Church's canon law bars ordination of women, asserting that "A baptized male (vir) alone receives sacred ordination validly." The Church teaches this as not a matter of changeable discipline, but of divine constitution that it cannot alter. Pope John Paul II wrote in his Apostolic Letter Ordinatio sacerdotalis of 22 May 1994: "We declare that the Church has no authority whatsoever to confer priestly ordination on women and that this judgment is to be held by all the Church's faithful."Ordinatio sacerdotalis Therefore, the ordination of a woman to the priesthood, even if conducted by a Catholic bishop in good standing, is, according to the Vatican, without sacramental effect.
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Adults are presumed to have the ability to make a will. Litigation about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will. In essence, the doctrine requires those who would challenge a validly executed will to demonstrate that the testator did not know the consequence of his or her conduct when he or she executed the will. Certain people, such as minors, are usually deemed to be conclusively incapable of making a will by the common law; however, minors who serve in the military are conceded the right to make a will by statute in many jurisdictions.
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The common law in Ireland, since 1922, has developed independently of the United Kingdom but nonetheless UK decisions still carry weight in Irish courts and are regularly referred to in Irish judgments. As of 2012, there have been few significant decisions relating to financial derivatives made in the Irish courts, and as such reference can validly be made to the decisions of the UK and other common law jurisdictions. Ireland has passed legislation in respect of the financial derivatives market. For instance, the Netting of Financial Contracts Act 1995 is a key piece of legislation to be complied with if parties to more than one financial derivative contract wish to net those contracts off against one another.
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They argued that Section 223-A of the constitution had never been validly enacted into the Constitution because it was never approved of by the Governor-General, and therefore anything submitted under it was invalid. The Chief Court of Sind ruled in favour of President Tamizuddin and held that the Governor-General's approval was not needed when the Constituent Assembly was acting only as a Constituent Assembly and not as the Federal Legislature.Judgement and Order of the Chief Court of Sind at Karachi, 9 February 1955, PLD 1955 Sind 96. The Federation of Pakistan and the new Council of Ministers then appealed to the court, the appeal was heard in March 1955 (Federation of Pakistan v Maulvi Tamizuddin Khan).
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Designation is, according to Kelsang Gyatso's translation of Lorig, the application of a conceptual image or term to a selected object of mere experience.Geshe Kelsang Gyatso, Understanding the Mind Pp 9-12 Anything which comes into existence through valid designation is part of "conventional reality" or "conventional truth." According to Lama Tsongkhapa, something is validly designated (exists conventionally) if it meets all of the following three conditions: # It is known to a conventional consciousness; # No other conventional cognition (within that convention) contradicts it from being thus known; # Reason that accurately analyzes reality — that is, analyzes whether something intrinsically exists — does not contradict it. Whatever fails to meet those criteria does not exist.
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Thirteen amici including; the United States Chamber of Commerce, the Recording Industry Association of America, the Copyright Alliance, the Software and Information Industry Association, the Graphic Artists Guild and the National Press Photographers Association, filed briefs in support of Allen. Those briefs proposed various doctrines under which the CRCA could validly abrogate sovereign immunity and variously re-asserted and supported the reasons why Congress examined and enacted CRCA, claiming that Congress was fair in finding that states had abused immunity and that an alternative remedy was needed. On November 5, 2019 the United States Supreme Court heard oral arguments in Allen v. Cooper. A decision in the case is expected in the late spring of 2020.
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Confession, along with marriage, requires the granting of the required faculty for validity: "The valid absolution of sins requires that the minister have, in addition to the power of orders, the faculty of exercising it for the faithful to whom he imparts absolution" (Code of Canon Law 966.1). In a document from the Congregation of the Doctrine of the Faith, published on 4 April 2017, local ordinaries are authorized to grant SSPX priests faculties to validly assist at marriages. For validity of marriage, marital consent must be declared "before the local ordinary, pastor, or a priest or deacon delegated by either of them" (Canon 1108). This priest, deacon or lay person (see can.
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The case was appealed again to the House of Lords. In relation to preliminary issues, the court held that it had jurisdiction to examine the validity of the Hunting Act as a question of statutory interpretation (whether the 1911 Act could be used to enact the 1949 Act); standing was not challenged. On the substantive issue, the court ruled there were no limits to the type of legislation that could be passed using the Parliament Acts except for the express limitations contained in the legislation. The Parliament Act 1949 had therefore been validly passed using the 1911 Act and the Hunting Act was consequently also held to be an Act of Parliament.
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Added to this were the events of ejecting former President and Head of State (Sir Edward Mutesa) from the State House and in fact his subsequent escape beyond the territorial boundaries of Uganda coupled with inter alia, the abolition of federal states, closure of appeals to the Privy Council and the elimination of the High Court of Buganda. The apex of these events was of course the effective assumption by Apollo Milton Obote of the Executive Office of President. It was put to the Court that a coup d'état or revolution had occurred in Uganda, destroying the legal order underlying the 1962 Constitution and establishing the new legal order under which the 1966 Constitution was validly established.
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Thirteen amici including; the United States Chamber of Commerce, the Recording Industry Association of America, the Copyright Alliance, the Software and Information Industry Association and the National Press Photographers Association, filed briefs in support of Allen. Those briefs proposed various doctrines under which the CRCA could validly abrogate sovereign immunity and variously re-asserted and supported the reasons why Congress examined and enacted CRCA, claiming that Congress was fair in finding that states had abused immunity and that an alternative remedy was needed. On November 5, 2019 the United States Supreme Court heard oral arguments in Allen v. Cooper. A decision in the case is expected in the late spring of 2020.
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Article 1 ECC defines the scope of application of the Convention. The source of inspiration of that article is clearly article 1 of the United Nations Convention on Contracts for the International Sale of Goods (CISG). However, a major difference lies in the fact that the ECC, unlike the CISG, does not require that the concerned parties have their places of business in States parties to the ECC. Therefore, the ECC applies if the law applicable to the communications is the law of a State party to the ECC, or if the parties have validly chosen as the law applicable to their communications the law of a State party to the ECC.
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Registration of deeds is extremely important as it constitutes the third stage of the creation and transfer on real rights. Following the enactment of the Registration Act 1617 by the Parliament of the Kingdom of Scotland, feudal grants and dispositions were required to be registered in the General Register of Sasines in order to give the proprietor a real right of ownership. These registration requirements survived along with Scots law's independence following the constitution of the Kingdom of Great Britain following The Acts of Union 1707, and creation of subsequent United Kingdom states in 1800 and 1922. Today, public registration is still required in order to validly transfer real rights in Scots law.
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In 1953 the case of Saumur v. The City of Quebec (1953) 25 CR 299 (in which a Jehovah's Witness challenged a Quebec City bylaw prohibiting public distribution of literature without a permit) left the question of religious freedom undecided, with some judges actually arguing that: "both Parliament and the provinces could validly limit freedom of worship providing they did so in the course of legislating on some other subject which lay within their respective powers." This decision was part of a series of cases the Supreme Court dealt with concerning the rights of Jehovah's Witnesses under the Duplessis government of Quebec. Previous to this there was the case of R. v.
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Thirteen amici including; the United States Chamber of Commerce, the Recording Industry Association of America, the Copyright Alliance, the Software and Information Industry Association, the North American Nature Photography Association and the National Press Photographers Association, filed briefs in support of Allen. Those briefs proposed various doctrines under which the CRCA could validly abrogate sovereign immunity and variously re-asserted and supported the reasons why Congress examined and enacted CRCA, claiming that Congress was fair in finding that states had abused immunity and that an alternative remedy was needed. On November 5, 2019 the United States Supreme Court heard oral arguments in Allen v. Cooper. A decision in the case is expected in the late spring of 2020.
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South Australia drew media attention following the death of David Bulmer-Rizzi while on a honeymoon in Adelaide with his husband Marco. Although the two men had validly married in the United Kingdom, this was not recognised under South Australian law with Bulmer-Rizzi's death certificate recording his marital status as "never married" and his father treated as next-of-kin rather than his husband. Premier Jay Weatherill subsequently called Marco Bulmer-Rizzi to offer a personal apology for the state's discrimination and to promise that the law would be updated to ensure state recognition of overseas same-sex marriages in future. The death certificate was also updated to acknowledge the British marriage.
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There are two classes of membership: Ballestero de Plaza and Ballestero de Hermandad. The former is reserved for residents of Rioja and its environs while the latter is for all others. As noted on the petition for admission, all members must be Catholic men who are: (a) at least twenty (20) years of age, (b) armigerous (with their arms duly registered in Spain), (c) possess nobility in the male line, and (d) if married, they are validly so (according to the Catholic Church) to women of good breeding. By virtue of their admission, members of the Noble Company receive the honorific Don for themselves and their male descendants (who will inherit and transmit the member's armorial bearings).
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In propositional logic, tautological consequence is a strict form of logical consequenceBarwise and Etchemendy 1999, p. 110 in which the tautologousness of a proposition is preserved from one line of a proof to the next. Not all logical consequences are tautological consequences. A proposition Q is said to be a tautological consequence of one or more other propositions (P_1, P_2, ..., P_n) in a proof with respect to some logical system if one is validly able to introduce the proposition onto a line of the proof within the rules of the system and in all cases when each of those one or more other propositions (P_1, P_2, ..., P_n) are true, the proposition Q also is true.
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Public awareness of this animal was increased in early 2006 when Tracy Ford, considering it a validly established taxon, published a short article on reconstructing it. Ford suggested that earlier reconstructions of Gigantspinosaurus attached the shoulder spines upside-down, and his new reconstruction shows the spine extending somewhat upwards, ending higher than the top of the animal's back. Susannah Maidment and Wei Guangbiao in 2006 concluded that G. sichuanensis was a valid taxon in their review of Late Jurassic Chinese stegosaurs, but did not redescribe it because at that time it was under study by Zigong Dinosaur Museum staff. In fact, a Chinese redescription by Peng Guangzhao and colleagues in 2005 would predate Maidment's publication.
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The Catholic, Lutheran, Anglican, Presbyterian and Methodist Churches accept baptism performed by other denominations within this group as valid, subject to certain conditions, including the use of the Trinitarian formula. It is only possible to be baptized once, thus people with valid baptisms from other denominations may not be baptized again upon conversion or transfer. For Roman Catholics, this is affirmed in the Canon Law 864, in which it is written that "[e]very person not yet baptized and only such a person is capable of baptism." Such people are accepted upon making a profession of faith and, if they have not yet validly received the sacrament/rite of confirmation or chrismation, by being confirmed.
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The genus Mythicomyces was circumscribed in 1986 by mycologists Scott Redhead and Alexander H. Smith to contain the species originally named Agaricus corneipes by Elias Magnus Fries in 1861. Fries described the species from collections made in a fir forest near Alsike, Sweden; it was subsequently recorded in North America (northwestern USA) by Andrew Price Morgan in 1907, and several times by Smith. When listing the synonyms of the species, Redhead and Smith cited the publication year of Fries's work as 1863 instead of the correct 1861, which rendered their new combination invalid according to the rules of International Code of Botanical Nomenclature, although the generic name was valid. The binomial was subsequently published validly in 2011.
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Nor had the issue of Italy's borders been settled definitively, so the voting rights of those in disputed areas had not been satisfactorily clarified. Other allegations were made about voter manipulation, and even the issue of how to interpret the votes became controversial, as it appeared that not just a majority of those validly voting but of those votes cast (including spoiled votes), was needed to reach an outcome in the event the monarchy lost by a tight margin. In the 2 June 1946 referendum, a 52% majority voted to make Italy a republic. The conservative, rural Mezzogiorno (southern Italy) region voted solidly for the monarchy while the more urbanised and industrialised Nord (northern Italy) voted equally firmly for a republic.
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Otto Kuntze and Howard James Banker later independently sought to restore Linnaeus' species name, but the resulting combination (Auriscalpium auriscalpium) is a tautonym and disallowed under the rules for botanical nomenclature (ICBN 2005 rule 23.4), and these combinations are therefore no longer validly published. Other names given to the fungus and now considered synonyms include Hydnum fechtneri, named by Josef Velenovský in 1922, and later combinations based on this name. A. vulgare is the type species of the widely distributed genus of eight species that it belongs to. Despite vast differences in appearance and morphology, A. vulgare is related to such varied taxa as the gilled fungi of Lentinus, the poroid genus Albatrellus, the coral-like Clavicorona, and fellow tooth fungus Hericium.
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We cannot validly argue (or induce) from "here is a white swan" to "all swans are white"; doing so would require a logical fallacy such as, for example, affirming the consequent. Popper's idea to solve this problem is that while it is impossible to verify that every swan is white, finding a single black swan shows that not every swan is white. We might tentatively accept the proposal that every swan is white, while looking out for examples of non-white swans that would show our conjecture to be false. Falsification uses the valid inference modus tollens: if from a statement P (say some law with some initial condition) we logically deduce but what is observed is we infer that P is false.
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Julius J. Lipner (2009), Hindus: Their Religious Beliefs and Practices, 2nd Edition, Routledge, , page 8; Quote: "(...) one need not be religious in the minimal sense described to be accepted as a Hindu by Hindus, or describe oneself perfectly validly as Hindu. One may be polytheistic or monotheistic, monistic or pantheistic, even an agnostic, humanist or atheist, and still be considered a Hindu."Lester Kurtz (Ed.), Encyclopedia of Violence, Peace and Conflict, , Academic Press, 2008MK Gandhi, The Essence of Hinduism , Editor: VB Kher, Navajivan Publishing, see page 3; According to Gandhi, "a man may not believe in God and still call himself a Hindu." Shaivism is a major tradition within Hinduism with a theology that is predominantly related to the Hindu god Shiva.
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However, this naming choice was later deemed invalid by rules of fungal nomenclature; the first name validly applied to the species was C. laeve, use by De Candolle, who had based his species upon Nidularia laevis as it appeared in Bulliard's Histoire des Champignons de la France (Paris, 1791). Kambly and Lee published the first taxonomically valid description of the genus in 1936. In their 1844 monograph on the Nidulariaceae, the brothers Louis René and Charles Tulasne used the name Crucibulum vulgare, and the species was known by this name until the International Commission on the Taxonomy of Fungi (ICTF) changed the starting-point date for the naming of fungi, and C. vulgare was deemed invalid.Brodie, The Bird's Nest Fungi, p. 148.
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A zero-byte file or zero-length file is a computer file containing no data; that is, it has a length or size of zero bytes. Zero-byte files cannot be loaded or used by most applications. Even a file describing an empty word processor document, an image file with zero-by-zero dimensions, or an audio file of length zero seconds usually still contains metadata identifying the file format and describing some basic attributes of the file; it results in the file with some positive size. Some very simple formats do not use metadata, such as ASCII text files; these may validly be zero bytes (a common convention terminates text files with a one- or two-byte newline, however).
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In the liturgical traditions the Catholic Church the term ordination refers to the means by which a person is included in one of the orders of bishops, priests or deacons. The teaching of the Catholic Church on ordination, as expressed in the Code of Canon Law, the Catechism of the Catholic Church, and the apostolic letter Ordinatio sacerdotalis, is that only a Catholic male validly receives ordination,Codex Iuris Canonici canon 1024, c.f. Catechism of the Catholic Church 1577 and "that the Church has no authority whatsoever to confer priestly ordination on women and that this judgment is to be definitively held by all the Church's faithful." In other words, the male priesthood is not a policy of the Church but an unalterable requirement of God.
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The applicant applied for an interdict to prevent the respondent from leasing the premises to any other person on the grounds that a valid lease agreement had been concluded and had not been validly cancelled, and for a mandamus directing the respondent to allow the applicant free and undisturbed access to the premises. The applicant alleged that the respondent's conduct had been motivated by racism, which the respondent strenuously denied. It contended that no agreement had been concluded: DRE's letter to the applicant, enclosing the memorandum, had been no more than an invitation to the applicant to submit an offer to lease the respondent's premises, which the applicant had done by signing the memorandum. That offer the respondent had not accepted.
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Renewal fees are payable to the European Patent Office in respect of pending European patent applications in respect of the third year from the date of filing. These fees are paid in advance of the year in which they are due (such that the renewal fee for the third year falls due two years from the date of filing) and fall due on the last day of the month containing the anniversary of the date of filing. (formerly ). Renewal fees may not be validly paid more than three months before they fall due, except for the third renewal fee which can be paid up to six months before its due date (in accordance with amended Rule 51(1) EPC in force since April 2018).
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As mentioned above, a divisional application can only be filed based on a pending European patent application. Several Board of Appeal decisions have dealt with the meaning of a "pending earlier European application" (Rule 36(1) EPC: "The applicant may file a divisional application relating to any pending earlier European patent application, provided that ..."). This is indeed not defined in the EPC."... The EPC does not define "pending ... application"" in Decision J 4/11 of the Legal Board of Appeal of 25 November 2011, point 4. In Board of Appeal decision J 18/09, it was held that a divisional application cannot be validly filed based on a PCT application before entry into European regional phase, Decision J 18/09 of the Legal Board of Appeal 3.1.
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On 3 April 2019 a Federal High Court in Abuja sacked Nwaoboshi as Senator- elect for Delta North senatorial district on grounds that he was not validly nominated in the party primaries held by the People's Democratic Party in Delta State. He was also ordered by Justice Ahmed Mohammed to stop parading himself as senator-elect. According to the summons filed against him by his opponent in the party primaries Prince Nwoko stated that the People's Democractic party had unlawfully announced him the winner after he was defeated in the primaries, it was also alleged that Nwoboshi hired thugs to cause a mass scare and stampede when he learnt of his brewing defeat. On 4 April 2019, Nwaoboshi appealed to the judgement sacking him as senator-elect.
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Karpal Singh of the DAP delayed proceedings by protesting that several MPs had not been validly sworn in because they had not raised their right hands, a claim the Speaker rejected. Karpal subsequently exchanged heated words with Bung Mokhtar Radin, calling him "big foot", with Bung retorting that he was a "big monkey". During question time, the Speaker gave one question for the Prime Minister to Razali Ibrahim and refused to permit supplementary follow-up questions, a decision Lim Kit Siang denounced as "making a mockery" of the House, branding it as part of "a conspiracy to silent the opposition MPs". After the Prime Minister personally intervened, the Speaker permitted Abdul Hadi Awang of PAS to ask one follow-up question.
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Thiobacillus is a genus of Gram-negative Betaproteobacteria. Thiobacilus thioparus is the type species of the genus, and the type strain thereof is the StarkeyT strain, isolated by Robert Starkey in the 1930s from a field at Rutgers University in the United States of America. While over 30 "species" have been named in this genus since it was defined by Martinus Beijerinck in 1904, (the first strain was observed by the biological oceanographer Alexander Nathansohn in 1902 - likely what we would now call Halothiobacillus neapolitanus), most names were never validly or effectively published. The remainder were either reclassified into Paracoccus, Starkeya (both in the Alphaproteobacteria); Sulfuriferula, Annwoodia, Thiomonas (in the Betaproteobacteria); Halothiobacillus, Guyparkeria (in the Gammaproteobacteria), or Thermithiobacillus or Acidithiobacillus (in the Acidithiobacillia).
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Because there is no marriage certificate or other public record to directly document the marriage, it can be difficult to prove a common law marriage if marital validity is contested in a probate or dissolution proceeding. Similar problems of proof may arise if the parties to a common law marriage were not actually domiciled in the state where they lived at the time they sought to contract the marriage; or they may have thought they were contracting a marriage but they did not actually conform to the law of the state in which they were living. The essential question is whether the marriage was validly contracted under the laws of the jurisdiction where the parties allege their marriage was contracted.
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Size of Cimolopteryx species (lower right) compared to other Maastrichtian birds, pterosaurs, and a human Cimolopteryx was a fairly small bird, with a maximum size about equal to that of a small gull. It is known almost exclusively from a number of coracoids (a bone in the shoulder girdle). These have a distinct enough anatomy, however, to allow it to be distinguished from other birds, and even for distinct species to be recognized. The first such coracoid to be found (specimen number YMP 1845, in the collections of the Peabody Museum of Natural History) was first mentioned and informally named by paleontologist Othniel Charles Marsh in the footnote of an 1889 paper, but it was not validly described by him until 1892.
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Identity aspects, such as ritual, language and customs, are still kept alive by the whole community, thanks to a strong and deep-rooted popular tradition in which this people is linked and is recognized, and religious and cultural institutions also contribute validly to the safeguard and to the enhancement of ancestral heritage. A flourishing Albanian community of Albania of very recent immigration, post-fall of the communist regime of 1990, coexists and is well integrated in the social of Piana degli Albanesi, with the creation of a community of arbëreshë which gathers within it a rooted core of shqiptarë.New Albanian immigrants in the old Albanian diaspora: Piana degli Albanesi in researchgate.net There is no lack of marriages between Italo-Albanians and Albanians from the Balkans.
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The UOGCC church in Pidhirtsi, Ukraine On October 7, 2008, the Apostolic Signatura, the highest appeals court of the Catholic Church, including the UGCC from which the UOGCC separated, refused the appeal of the "Pidhirtsi fathers", and left the sentence of major excommunication imposed on June 2008 by the UGCC major-archiepiscopal tribunal intact. In 2010, the UOGCC declared an excommunication upon 265 professors of the Pontifical Gregorian University, and declared that over 2200 bishops worldwide had excommunicated themselves by failing to "confess the faith and renounce contemporary heresies" by the deadline declared by the UOGCC. The declaration asserted that the bishops affected would thenceforth be unable to validly ordain priests. It also called for Pope Benedict XVI to purge the hierarchy, institute reforms, and resign.
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Thalassemys is a genus of extinct thalassochelydian turtle from the Late Jurassic of western and central Europe. While the genus was originally named by Rütimeyer in 1859 for a large carapace and other associated fragments from the late Kimmeridgian of the Reuchenette Formation of Switzerland, although the taxon was not validly named until 1873 when Rütimeyer designated the type species T. hugii. Rütimeyer also named T. gresslyi from the Reunchenette Formation in the same paper as T. hugii, but it cannot be differentiated from the type material of T. hugii and is therefore a junior synonym. A large assemblage of shell and postcranial material from the Reunchenette was named as a species of Eurysternum, E. ignoratum, by Bräm in 1965.
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In zoological nomenclature, an unavailable name is a name that does not conform to the rules of the International Code of Zoological Nomenclature and that therefore is not available for use as a valid name for a taxon. Such a name does not fulfil the requirements in Articles 10 through 20 of the Code, or is excluded under Article 1.3. Unavailable names include names that have not been validly published, such as "Oryzomys hypenemus", names without an accompanying description (nomina nuda), such as the subgeneric name Micronectomys proposed for the Nicaraguan rice rat,Hershkovitz, 1970, pp. 789, 791 names proposed with a rank below that of subspecies (infrasubspecific names), such as Sorex isodon princeps montanus for a form of the taiga shrew,Hutterer & Zaitsev, 2004, p.
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Exclusion by canon law from access to Communion is not limited to the cases mentioned in canon 915. Canon 916 excludes from communion all those conscious of mortal sin who have not received sacramental absolution. Canon 842 §1 declares: "A person who has not received baptism cannot be admitted validly to the other sacraments."Code of Canon Law, canon 842 §1 It is also deemed appropriate to consider denying Communion "where someone is trying to use the Eucharist to make a political statement",A Statement from the Washington Archdiocese and Communion has been refused to activists of the Rainbow Sash Movement on the grounds that it has never been acceptable to use the reception of Communion as a manifest act of protest.
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The earliest reference to this plant is thought to likely be an illustration included in the works on the flora of Brazil by Carl Friedrich Philipp von Martius. It was named as Convolvulus heptaphyllus by William Roxburgh, who studied the plant in India in the late 18th century, but never validly described the species. Roxburgh's name was validated in 1803 by Johan Peter Rottler and Carl Ludwig Willdenow in a German publication, based on a specimen collected in Madras, but a 1824 posthumous printing of the Flora Indica -constructed from Roxburgh's edited notes, was incorrectly used in later British works to attribute authorship of the name to him anyway. The original type specimen, the holotype, is stored in Berlin, with an isotype kept at Kew.
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Thus, Sexual Sadism would become Sexual Sadism Disorder; Sexual Masochism would become Sexual Masochism Disorder, and so on." Bioethics professor Alice Dreger interpreted these changes as "a subtle way of saying sexual kinks are basically okay – so okay, the sub-work group doesn't actually bother to define paraphilia. But a paraphilic disorder is defined: that's when an atypical sexual interest causes distress or impairment to the individual or harm to others." Interviewed by Dreger, Ray Blanchard, the Chair of the Paraphilias Sub-Work Group, stated, "We tried to go as far as we could in depathologizing mild and harmless paraphilias, while recognizing that severe paraphilias that distress or impair people or cause them to do harm to others are validly regarded as disorders.
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The sharing of apostolic succession in the west outside the Roman Church was largely confined to the Church of Utrecht for over a century. After the (First) Vatican Council in 1870, many Austro- Hungarian, German and Swiss Catholics rejected assertions of universal jurisdiction of the pope and the declaration of papal infallibility, and their bishops, inspired by earlier acts in Utrecht, decided to leave the Roman Catholic Church to form their own churches, independent of Rome. Now independent of the pope, these bishops were sometimes referred to as autocephalous (or self-governing) bishops or episcopi vaganti (wandering bishops). These validly-consecrated bishops enjoyed apostolic succession, and they continued to share valid lines of apostolic succession with the priests and deacons they ordained.
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Although Stanford asserted that Holodniy signed the agreement with Cetus solely on his own behalf, not Stanford's, the Court found that this argument missed the point. According to the Court, the agreement with Cetus indicates that Holodniy was acting as an independent contractor with respect to Cetus, not with respect to Stanford, and that “Holodniy [had] signed away his individual rights as an inventor, not Stanford’s.”Sean A. O'Donnell, September 30, 2009. Plaintiff Lacked Standing to Sue for Patent Infringement Where an Inventor Validly Transferred His Titleto a Third Party Before Reducing It to Practice With respect to Stanford's claims about the Bayh-Dole Act, the Federal Circuit overruled the District Court decision, holding that the Act does not void an otherwise valid prior transfer of rights.
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Only priests and bishops can celebrate the sacraments of the Eucharist (though others may be ministers of Holy Communion),"The minister who is able to confect the sacrament of the Eucharist in the person of Christ is a validly ordained priest alone" (__P38.HTM Code of Canon Law, canon 900 §1). While in the English language, the word "priest" usually means someone received into the second of the three holy orders (also called the presbyterate) but not into the highest, that of bishop, the Latin text underlying this statement uses the Latin term sacerdos, which comprises both bishops and, in the common English sense, priests. To refer exclusively to priests in the more common English sense, Latin uses the word presbyter.
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A Nuptial Mass is a Ritual Mass within which the sacrament of matrimony is celebrated. If one of a couple being married in a Catholic church is not a Catholic, the rite of matrimony outside Mass is to be followed. However, if the non-Catholic has been validly baptized, then, in exceptional cases and provided the bishop of the diocese gives permission, it may be considered suitable to celebrate the marriage within Mass, except that, according to the general law, Communion is not given to the non-Catholic (Rite of Marriage, 8). The Nuptial Mass contains special prayers for the couple and, in the ordinary form of the Roman Rite, may be offered at any time of the liturgical year, except during the Paschal Triduum.
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With respect to implementation, the principal dispute concerned the 1913 statute that denied a marriage license to a couple if their marriage would not be valid in their state of residence. The Massachusetts Town Clerks' Association raised the issue for the first time on February 24, reporting that some of them were receiving inquiries from out-of-state couples. New York Attorney General Elliot Spitzer made the question more urgent when he issued a non-binding opinion on March 3 that "New York common law requires recognizing as valid a marriage... validly executed in another state". On March 31, Romney took the position that no other states recognized same-sex marriage and therefore residents of other states could not marry in Massachusetts.
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He acquired the reputation of being an independent-minded member of the court especially during the deliberations on the issues arising out of the declaration of the Martial Law and the validity of the 1973 Constitution. He and then Chief Justice Roberto Concepcion voted against the 1973 Constitution by declaring that it is not in force and effect because it was not validly ratified by the Filipino people. When many bent to the rule of the dictator, Zaldivar never cowed but continued to dissent when he should. He was a defender of civil and political liberties, who also promoted social sciences in addition to his work in religion (being a stalwart Aglipayan), law, government and statesmanship --- areas which his children are now heavily involved.
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Today, the presumptive validity and enforceability of such agreements in states that have adopted the UPAA/UPMAA including Florida, Virginia, New Jersey, and California, is no longer in question. Currently, 28 States and the District of Columbia have adopted a version of the Uniform Premarital Agreement Act (UPAA) or the updated Uniform Premarital Agreements Act (UPMAA). The UPAA was passed in 1983 by the Uniform Law Commission (ULC) to promote more uniformity and predictability between state laws relating to these contracts in an increasingly transient society. The UPAA was partly enacted to ensure that a prenup that was validly entered into in one state would be honored by the courts of another state where the couple might get a divorce.
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"Thus, we have a statutory monopoly by the patent, and by the Sherman Act a prohibition not only of monopoly or attempt to monopolize, but of every agreement in restraint of trade. Public policy has condemned monopolies for centuries." These conflicting principles meet in this case: > We are thus called to make an adjustment between the lawful restraint on > trade of the patent monopoly and the illegal restraint prohibited broadly by > the Sherman Act. That adjustment has already reached the point, as the > precedents now stand, that a patentee may validly license a competitor to > make and vend with a price limitation under the General Electric case and > that the grant of patent rights is the limit of freedom from competition. .
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The teaching of the Roman Catholic Church, as emphasised by Pope John Paul II in the apostolic letter Ordinatio sacerdotalis, is "that the Church has no authority whatsoever to confer priestly ordination on women and that this judgement is to be definitively held by all the Church's faithful". This teaching is embodied in the current canon law 1024) and the Catechism of the Catholic Church (1992), by the canonical statement: "Only a baptized man (Latin: vir) validly receives sacred ordination."Codex Iruis Canonici canon 1024, c.f. Catechism of the Catholic Church 1577 Insofar as priestly and episcopal ordination are concerned, the Roman Catholic Church teaches that this requirement is a matter of divine law; it belongs to the deposit of faith and is unchangeable.
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Pope Paul IV died on 18 August 1559, aged 83. His church reforms had mainly been based on repressive measures such as the Inquisition and the Index of Forbidden Books – he had no confidence in the Council of Trent, dissolving it in 1552 and not reviving it. Even cardinals were accused of heresy – at the time of Paul IV's death, Cardinal Morone was a prisoner of the Inquisition in the castel Sant' Angelo. Paul IV, fearing that Morone might become his successor, issued the papal bull Cum ex officio Apostolatus, which stipulated that a heretic could not be validly elected pope – however, this was in vain since the College of Cardinals released Morone after Paul's death and allowed him to take part in the conclave.
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The only known species, the type species Tototlmimus packardensis, was formally described in October 2015 by Claudia Inés Serrano- Brañas, Esperanza Torres-Rodríguez, Paola Carolina Reyes-Luna, Ixchel González-Ramírez and Carlos González-León; because the online publication was not registered in ZooBank, the name was only validly published when the paper was printed in March 2016. The genus name is derived from the Nahuatl word tototl, "bird", and the Latin mimus, "mimic" (from Greek μῖμος). The specific name refers to its origin from the Packard Formation. The fossil specimen, holotype ERNO 8553, was found in the northeastern Mexican state of Sonora, in the Cabullona Group, in a bed of the Packard Shale which may date from the late Campanian, 72 million years ago.
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He only fully changed to the Linnaean system in the edition of The Gardeners Dictionary of 1768, though he had already described some genera, such as Larix and Vanilla, validly under the Linnaean system earlier, in the fourth edition (1754). Miller sent the first long-strand cotton seeds, which he had developed, to the new British colony of Georgia in 1733. They were first planted on Sea Island, off the coast of Georgia, and hence derived the name of the finest cotton, Sea Island Cotton. The presumed portrait, engraved by C.J. Maillet and affixed to the posthumous French edition of Miller's Gardeners Dictionary, 1787, shows the wrong Miller, John Frederick Miller, son of the London-based Nuremberg artist Johann Sebastian Müller.
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' The Lord himself shows that this signifies an unbreakable union of their two lives by recalling what the plan of the Creator had been 'in the beginning': 'So they are no longer two, but one flesh.Catechism of the Catholic Church, 7:1606 Since husband and wife became one person upon marriage, that oneness can only be seen as null if the parties improperly entered into the marriage initially, in which case the marriage does not validly exist. In 2016, Pope Francis published Amoris laetitia, which pertains to the reception of Holy Communion by the divorced and remarried who live together "more uxorio". However, there have been no updates to Roman Catholic Canon Law as a result of this apostolic exhortation.
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A will or testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy. Though it has at times been thought that a "will" historically applied only to real property while "testament" applied only to personal property (thus giving rise to the popular title of the document as "last will and testament"), the historical records show that the terms have been used interchangeably.Wills, Trusts, and Estates (Aspen, 7th Ed., 2005) Thus, the word "will" validly applies to both personal and real property.
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In the Republic of Ireland, the Supreme Court held that the right was not only a common law right but also a constitutional right which might however be validly limited by legislation (O'Leary v AG [1995] 1 IR 254). In this jurisdiction, a number of statutory measures have re-interpreted the right to silence, such as the Criminal Justice Act 1984, the Criminal Justice (Drug Trafficking) Act, 1998 and the Offences Against the State (Amendment) Act, 1998. The general effect of some of these measures is to provide for adverse inferences to be drawn against a suspect who declines to answer questions while being questioned in Garda custody. The Criminal Justice Act 2006 also affects the right to silence, in that it permits inferences to be drawn from silence where no solicitor is present.
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English naturalist James Francis Stephens called it Meliphaga sanguinea in 1826 as a replacement name for Latham's Certhia sanguinolenta. John Gould determined Latham's three names to be the one species in 1843, adopting the first-written binomial name as the valid one and relegating the others to synonymy, though the name Myzomela dibapha was occasionally used, particularly in New Caledonia. In 1990, Ian McAllan proposed that the first drawing did not confirm the species identity and proposed the name Myzomela dibapha to hence be the oldest validly published name; however, Richard Schodde countered in 1992 that the drawing of an immature male could not be of any other species, meaning that M. sanguinolenta should stand. He added that the alternative proposed name had not been in use since the 1850s.
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The rights of the ultimate beneficiaries in the massed estate have undergone considerable change. Under the common law their rights in the first-dying testator's share of the massed property were real rights, being conferred by will, while their right in the survivor's share were personal rights only since they were of a semi- contractual nature and since the will of one person cannot confer a real right in the property of another person. It followed that the survivor retained the dominium in his or her share of the property even after adiation, and could thus validly alienate or mortgage such share. If the survivor went insolvent after adiation and before transfer of the property to’ the beneficiaries the latter would rank merely as concurrent creditors in the insolvent estate.
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Neither plaintiff would go to Malaysia voluntarily. The plaintiffs invoked the High Court's original jurisdiction to seek an injunction against the Commonwealth, to restrain it from deporting them to Malaysia. Their arguments were that: # The only source of power to take them from Australia was s198A of the Act; # That power is conditioned upon a valid declaration having been made under s198A(3) of the Act; # The declaration about Malaysia made on 25 July 2011 was not validly made because the four criteria were jurisdictional facts which did not exist; or alternatively, that they were facts of which the Minister had to be satisfied of before making a declaration, and he was not satisfied because he had misconstrued the criteria. The Commonwealth's case was that the s198A(3) criteria were not requisite facts.
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However, over time the refinement of methods and validation checks against objective indicators has meant that, while not perfect, many of these indicators are getting better at consistently and validly measuring the scale of corruption. Transparency International, an anti-corruption NGO, pioneered this field with the CPI, first released in 1995. This work is often credited with breaking a taboo and forcing the issue of corruption into high-level development policy discourse. Transparency International currently publishes three measures, updated annually: a CPI (based on aggregating third-party polling of public perceptions of how corrupt different countries are); a Global Corruption Barometer (based on a survey of general public attitudes toward and experience of corruption); and a Bribe Payers Index, looking at the willingness of foreign firms to pay bribes.
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The main part of Index Fungorum is intended to be a global list of all fungus names which have ever been validly defined, but many of them are conflicting or no longer used. Species Fungorum is a closely related project based at the Royal Botanical Gardens, Kew supported by CABI to decide a consistent subset of the Index Fungorum names which can be recommended as currently valid. It is possible to search in either the Index Fungorum or the Species Fungorum list separately and the Index Fungorum results also give a cross-reference to Species Fungorum where an entry is available - names without such a reference are generally only of historical interest and should not be considered reliable for present use.See the pop-up "Help with searching" at .
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The court's summary of the delegation of power in financial matters is that the Constitution provides something of a "double lock on expenditure". According to Article 17.2 of the Constitution, "Dáil Éireann shall not pass any vote or resolution, and no law shall be enacted, for the appropriation of revenue or other public moneys unless ... recommended to Dáil Éireann by a message from the Government signed by the Taoiseach"Article 17.2 Constitution of Ireland However, under Article 11 of the Constitution, the Government cannot expend monies for purposes that are not authorised by the law.Article 11 Constitution of Ireland Thus, neither the Government, the Dail or the Oireachtas can validly authorise the expenditure of public monies without the approval of the other branch. This is a constitutional model.
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In 2000, Robert Gabbard, member of a team headed by Philip John Currie, found an ankylosaur skull in the Gobi Desert near Hermiin Tsav at the Baruungoyot. In 2014, Victoria Megan Arbour named and described the find as the species Zaraapelta nomadis, but at first it remained an invalid nomen ex dissertatione.Arbour, Victoria Megan, 2014, Systematics, evolution, and biogeography of the ankylosaurid dinosaurs Ph.D thesis, University of Alberta Later that year, however, it was validly named as the type species Zaraapelta nomadis by Arbour, Currie and, posthumously, the female Mongolian paleontologist Demchig Badamgarav. The generic name is derived from Mongolian zaraa, "hedgehog", in reference to the prickly appearance of ankylosaurs, and the Greek πέλτη, peltè, "small shield", a common component of ankylosaurian names in view of their body armour.
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Size of various spinosaurids (Oxalaia in green, third from left) compared with a human The type elements of Oxalaia closely resemble those of specimens MSNM V4047 and MNHN SAM 124, both referred to Spinosaurus aegyptiacus. Kellner and colleagues differentiated Oxalaia from it and other spinosaurids by its autapomorphic (distinguishing) craniodental features, like its sculptured palatal part of the premaxillae, and the possession of two replacement teeth in each position. More fragmentary spinosaurids such as Siamosaurus and "Sinopliosaurus" fusuiensis are based only on teeth, making them difficult to separate from other taxa. The habit of naming theropods from isolated teeth or tooth fragments has resulted in many invalid and synonymous genera; it has also occurred with spinosaurids and is compounded by the common lack of overlapping skeletal remains—a precondition of validly distinguishing taxa.
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The Constitution does not authorize the President to cherry-pick which parts of validly enacted Congressional Laws he is going to obey and execute, and which he is not. Signing statements do not appear to have legal force by themselves, although they are all published in the Federal Register. As a practical matter, they may give notice of the way that the Executive intends to implement a law, which may make them more significant than the text of the law itself. There is a controversy about whether they should be considered as part of legislative history; proponents argue that they reflect the executive's position in negotiating with Congress; opponents assert that the executive's view of a law is not constitutionally part of the legislative history because only the Congress may make law.
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The Seventh Amendment Act was passed on 11 November 1986. It amended Article 96 of the constitution; it also amended the Fourth Schedule to the constitution by inserting a new paragraph 19 thereto, providing among others that all proclamations, proclamation orders, Chief Martial Law Administrator's Orders, Martial Law Regulations, Martial Law Orders, Martial Law Instructions, ordinances and other laws made during the period between 24 March 1982 and 11 November 1986 (both days inclusive) had been validly made, and would not be called in question in or before any court or tribunal or authority on any ground whatsoever. In summary, the amendment protected Hussain Muhammad Ershad and his regime from prosecution for actions taken under the years of military rule, following the 1982 coup d'état until the 1986 presidential election.
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Due to the length of time between the amendment's submission and ratification (more than 202 years), doing this without congressional approval was controversial, with Speaker of the House Tom Foley and others called for a legal challenge to the amendment's unusual ratification. However, Wilson had acted under statutory authority granted to his office by the Congress under Title 1, section 106b of the United States Code, which states: On May 20, 1992, each house of the 102nd Congress passed a version of a concurrent resolution agreeing that the amendment was validly ratified, despite the unorthodox period of more than 202 years for ratification. However, neither resolution was adopted by the entire Congress. During his time at the National Archives and Records Administration, Wilson was a vocal advocate for the preservation of electronic records.
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The name Botryobasidioideae was first introduced as a subfamily of the Corticiaceae in 1958 by Swedish mycologist John Eriksson, but was not fully described and validly published until taken up by Estonian mycologist Erast Parmasto in 1968. Parmasto placed the genera Botryobasidium (together with the anamorphic genus Oidium) and Uthatobasidium within the subfamily, noting that they shared certain "primitive" characters linking them to the Ceratobasidiaceae and Tulasnellaceae. In 1982 Jülich raised the subfamily to the rank of family, as the Botryobasidiaceae, and placed it in a new order, the Botryobasidiales (which also included the family Botryohypochnaceae). A standard 1995 reference work included within the Botryobasidiaceae the corticioid genera Botryobasidium, Botryodontia, Botryohypochnus (considered a synonym of Botryobasidium), Candelabrochaete, Suillosporium, and Waitea, based mainly on similarities in their basidiocarp micromorphology.
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They distinguished thalassodromines by their high nasoantorbital fenestrae and the bony part of their crests beginning at the front of the skull and continuing further back than in other pterosaurs. The interrelationship of these clades within the larger clade Azhdarchoidea remained disputed, and the clade containing Thalassodromeus and Tupuxuara had received different names from different researchers (Thalassodrominae and Tupuxuaridae). Palaeontologist Mark P. Witton attempted to resolve the naming issue in 2009, noting that the name "Tupuxuaridae" (first used in the vernacular form "tupuxuarids" by palaeontologist Lü Junchang and colleagues in 2006) had never been validly established and Thalassodrominae should be the proper name (although it was bestowed a year later). Witton further converted the subfamily name Thalassodrominae into the family name Thalassodromidae, and considered the clade part of Neoazhdarchia.
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All coffee cups are cups does not imply All coffee cups are this cup, or all coffee cups are that cup, or ..., but still less does it imply All coffee cups are this cup, and all coffee cups are that cup, and .... On the other hand, if it happened to be the case that there was only one coffee cup left in the world, it would be true that All coffee cups are that cup, so I can validly infer from All coffee cups are that cup, to All coffee cups are cups. Here descent to disjunction fails, and descent to conjunction fails, but "ascent from particulars" is valid. This is called "merely confused supposition." That is basically how the theory works, a much thornier problem is exactly what the theory is for.
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The proper name for the fungus was debated for some time, as the name Guepinia is a homonym (pointed out by Fries in 1828), because it had been used by Toussaint Bastard in 1812 for a genus of flowering plants in the Cruciferae family. To further complicate matters, the generic name Teesdalia, originally considered to have priority over the name Guepinia for the plant genus, was later determined to have been validly published after Guepinia, rendering Teesdalia an illegitimate name. In 1982, changes in the International Code for Botanical Nomenclature gave protected status to all names adopted by Fries in the Elenchus Fungorum, and established Guepinia as the correct genus name. Guepinia is variously classified in the Auriculariales order, with uncertain familial position (incertae sedis), or as part of the Exidiaceae family.
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The First Provincial Council was held in 1829 and was attended by the archbishop and four bishops. Its decrees refer to the enactments of two previous conventions. Bishop John Carroll's Diocesan Synod of 1791 decreed: (No. 3) The ceremonies of baptism need not be supplied for converted heretics who had been previously validly baptized. (No. 4) As a rule children may not receive Confirmation before the age of reason. (No. 5) The offerings of the faithful are to be divided into three parts: for the support of the pastor, the relief of the poor and the sustentation of the church. (No. 11) The faithful are to be warned that the absolution of priests not approved by the bishop is invalid. (No. 15) None are to be married until they know the Christian Doctrine.
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However, the state or territory marriage certificate is considered to be an acceptable and secure secondary identity document especially for the purposes of change of name, and needs to be obtained separately for a fee generally some time after the marriage. This document can be verified electronically by the Attorney- general of Australia's Document Verification Service. States and territories sometimes market commemorative marriage certificates, which generally have no official document status. State and territory issued certificates are on A4 paper and provide: Date and place of marriage, full names, occupations, addresses, marital status (never validly married, divorced, widow/er), birth date & place, age, father's name, mother's maiden name of each the couple, the celebrant, witness names (generally two), the registrar official of the state or territory authority, and the date of registration.
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Oyetola was a member of the Alliance for Democracy (AD), and has been in the party through its metamorphosis to Action Congress (AC), Action Congress of Nigeria (ACN) and now the All Progressives Congress (APC). In July 2018, he contested with Osun state House of Representatives deputy speaker Yusuf Lasun and Speaker of the Osun House of Assembly Nojeem Salaam, Dr Samuel Ibiyemi; Publisher Nigerian NewsDirect Newspapers, Adelere Oriolowo, Moshood Adeoti amongst others for the All Progressives Congress gubernatorial candidacy of the September 22, 2018 gubernatorial election in Osun state and won. He was sworn in to office on November 27, 2018. On 22nd of March, 2019, the Election tribunal sitting in Abuja declared that the All progressive Congress and its candidate, Gboyega Oyetola, were not validly returned.
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Radice wrote of the discrepancy between the small amount of "secret talk" cited by Kripal (18 occurrences) and the amount of analysis he derived from them, and asked "Has Kripal made a mountain out of molehill?" He then quoted Kripal's claim that those passages, plus other non-"secret" passages that touch on similar themes, are the key to Ramakrishna's mysticism and a lens through which one can validly read the whole Kathamrta. In his extensive 2000 review, Tyagananda wrote that Ramakrishna's "secret" talks were neither troubling nor secret, having been said in the presence of a large number of visitors, with the doors open. According to Tyagananda, Kripal's "secret talks" is a mistranslation of guhya katha, which in the context means the "esoteric" or "deeper meaning" of a scripture.
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For the adherents of this understanding of apostolic succession, grace is transmitted during episcopal consecrations (the ordination of bishops) by the laying on of hands of bishops previously consecrated within the apostolic succession. They hold that this lineage of ordination derives from the Twelve Apostles, thus making the Church the continuation of the early Apostolic Christian community. They see it as one of four elements that define the true Church of Jesus ChristOskar Sommel, Rudolf Stählin Christliche Religion, Frankfurt 1960, p.19 and legitimize the ministry of its clergy, since only a bishop within the succession can perform valid ordinations, and only bishops and presbyters (priests) ordained by bishops in the apostolic succession can validly celebrate (or "confect") several of the other sacraments, including the Eucharist, reconciliation of penitents, confirmation and anointing of the sick.
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As his term of office as governor of Zamfara State drew to a close Yari ran for the Zamfara West senate seat and won with a very wide margin on the platform of the ruling APC. But his election and other APC candidates in the 2019 general election in Zamfara State were nullified by the Supreme Court on the ground that they were not validly nominated through party primaries. The court ordered INEC to declare candidates who were the second runner-up in the elections winners. Senator Kabiru Marafa, a member of APC who was running for governorship tick of the APC had complained that APC did not conduct primaries in Zamfara and asked the court to invalidate the primaries purportedly conducted by the leader of the party Yari of the APC.
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There have been three initial proposals in delineating the southern boundaries of the Philippine group: Northern Borneo in Malaysia, southern Philippines (encompassing southern Luzon all the way to Mindanao and the Sulu Sea area), and northern Sulawesi in Indonesia. The earliest boundary was proposed by Esser (1938) between the Gorontalo languages and the Tomini languages of Sulawesi. While it was later found decades after (Himmelmann, 1990) that there are shared innovations between Philippine and Tomini languages, there are still uncertainties as to whether the latter do validly form one genetic group, or should be relegated as a mere geographic unit. Meanwhile, Charles (1974) in particular proposed that languages in Sabah and of northern Sarawak are descendants of this Proto- Philippines, which has subsequently garnered counter-evidences (Blust, 1974; Reid, 1982; Zorc, 1986).
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Of all the churches in the Liberal Catholic movement, only the original church, the Liberal Catholic Church under Bishop Graham Wale, does not ordain women. The position held by the Liberal Catholic Church is that the Church, even if it wanted to ordain women, does not have the authority to do so and that it would not be possible for a woman to become a priest even if she went through the ordination ceremony. The reasoning behind this belief is that the female body does not effectively channel the masculine energies of Christ, the true minister of all the sacraments. The priest has to be able to channel Christ's energies to validly confect the sacrament; therefore the sex of the priest is a central part of the ceremony hence all priests must be male.
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The jurisdiction is determined in conformance with the "Protocol on Jurisdiction and the Recognition of Decisions in respect of the Right to the Grant of a European Patent" or, in short, the "Protocol on Recognition".EPO web site, Protocol on Jurisdiction and the Recognition of Decisions in respect of the Right to the Grant of a European Patent (Protocol on Recognition) of 5 October 1973 Once a final decision is issued by a national court adjudging that the applicant is not entitled to the grant of a European patent, the procedure according to is applicable. In contrast with U.S. patent law, the applicant for a European patent need not be the inventor. The right to the European patent may validly be transferred before the filing of the application, e.g.
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For statutory powers, the important question is whether it is intended that a power conferred upon A may be exercised on A's authority by B. The maxim is merely the pencil with which the court is able to draw the line between authorized and unauthorized sub-delegation,. and the courts must then ask whether statutory discretion remains in the hands of the proper authority, or whether some other person purports to exercise it.Wade & Forsyth, p. 260. Thus where an Act said that an inspector of nuisances "may procure any sample" of goods for analysis, it was held that the inspector might validly send his assistant to buy a sample of coffee, as he had in no way authorized his assistant to exercise the discretion legally reposed in himself.
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Pseudomonas is a genus of Gram-negative, Gammaproteobacteria, belonging to the family Pseudomonadaceae and containing 191 validly described species. The members of the genus demonstrate a great deal of metabolic diversity and consequently are able to colonize a wide range of niches. Their ease of culture in vitro and availability of an increasing number of Pseudomonas strain genome sequences has made the genus an excellent focus for scientific research; the best studied species include P. aeruginosa in its role as an opportunistic human pathogen, the plant pathogen P. syringae, the soil bacterium P. putida, and the plant growth-promoting P. fluorescens, P. lini, P. migulae, and P. graminis. Because of their widespread occurrence in water and plant seeds such as dicots, the pseudomonads were observed early in the history of microbiology.
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The Uniform Premarital Agreement Act (UPAA) is a Uniform Act governing prenuptial agreements, which are also properly referred to as "premarital agreements" and "antenuptial agreements". It was drafted by the National Conference of Commissioners on Uniform State Laws in 1983 to promote more uniformity and predictability between state laws relating to premarital agreements in an increasing transient society. The UPAA was enacted to ensure that a premarital agreement that was validly entered into in one state would be honored by the courts of another state where a couple might get a divorce. In 2012, the Uniform Law Commission promulgated the updated and revised Uniform Premarital and Marital Agreements Act (UPMAA), which established procedural and substantive safeguards for marital agreements in an effort to bring them into accord with safeguards for premarital agreements.
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In most countries no formalities are required to create an inter vivos trust over personal property, but there are often formalities associated with trusts over real property, or testamentary trusts. The words or acts of the settlor must be sufficient to establish an intention that either another person or the settlor himself shall be trustee of the property on behalf of the beneficiary; a general intention to benefit another person on its own is sufficient. These formalities apply to express trusts only, and not to resulting, implied or constructive trusts. For a settlor to validly create a trust, in most common law legal systems they must satisfy the three certainties, established in Knight v Knight: #certainty of intention – whether the settlor (or testator) has manifested an intention to create a trust.
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In common-law jurisdictions, administration of an estate on death arises if the deceased is legally intestate, meaning they did not leave a will, or some assets are not disposed of by their will. Where a person dies leaving a will appointing an executor, and that executor validly disposes of the property of the deceased within England and Wales, then the estate will go to probate. However, if no will is left, or the will is invalid or incomplete in some way, then administrators must be appointed. They perform a similar role to the executor of a will but, where there are no instructions in a will, the administrators must distribute the estate of the deceased according to the rules laid down by statute and the common trust.
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IOR was first described in depth by Michael Posner and Yoav Cohen, who discovered that, contrary to their expectations, reaction times (RT) to detect objects appearing in previously cued locations were initially faster to validly cued location (known as the validity effect), but then after a period of around 300 ms, response times to a previously cued location were longer than to uncued locations. Specifically, IOR was described as "an inhibitory effect produced by a peripheral (or exogenous) cue or target." Example diagram of the process used in Posner'so inhibition of return experiment In the experiment that demonstrated the paradigm, participants were instructed to fixate on a center box that was flanked with a box on its right and left sides. Each trial began with the brightening of the outline of one of the peripheral boxes that was randomly selected for 150 ms.
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Second, the submission by counsel for the applicant that the > judge had given evidence was in the circumstances unsurprising, and the > concerns he expressed on this topic were validly made. Finally, the judge > impugned the good faith of the application, a conclusion repeated in the > strongest terms in his judgment when there is no shred of evidence to > suggest some ulterior or improper motive behind the application. In a concluding comment on the way in which the judge behaved, Lord Justice Judge said: > In these circumstances it is unfortunate to have to record that, in my > judgment, the conduct of the hearing itself demonstrated not only that the > application to the judge to recuse himself was rightly made, but that it > should have been granted. The judge himself then issued a press release on the topic.
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It was emphasized by the Court that all constitutional legal challenges to legislation should follow the same approach: # the pith and substance of the provincial law and the federal law should be examined to ensure that they are both validly enacted laws and to determine the nature of the overlap, if any, between them. # the applicability of the provincial law to the federal undertaking or matter in question must be resolved with reference to the doctrine of interjurisdictional immunity. #only if both the provincial law and the federal law have been found to be valid pieces of legislation, and only if the provincial law is found to be applicable to the federal matter in question, then both statutes must be compared to determine whether the overlap between them constitutes a conflict sufficient to trigger the application of the doctrine of federal paramountcy.
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By the General Treaty of 1955, the western allies recognized the full sovereignty of West Germany. However, in so far as the Allied High Commission was acting outside the authority of the dormant Allied Control Council, it was highly uncertain what, if any, sovereign authority it could claim over western Germany; or whether it could validly convey any sovereign authority to the new West German government. From the 1950s, the claim that there was a single continuing German Reich whose legal status was wholly untouched by the institutions established by the Allied Powers, and that the Federal Republic was the sole legal successor of that Reich, was adopted both by the Federal Government itself and by the Federal Constitutional Court. On this basis, the Federal Republic claimed an exclusive mandate for the entire postwar territory of Germany.
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Differences between Gillenia and Maleae include the chromosome number and the latter being solely woody pome bearing plants, while Gillenia is herbaceous and has a dry follicular fruit. The name Porteranthus (Britton ex Small), named for Thomas Conrad Porter, has sometimes been used for this genus. The name Gillenia was thought to be already occupied by Gillena, a very similar name used by Michel Adanson as a synonym for Clethra (under the International Code of Nomenclature for algae, fungi, and plants "names that are so similar that they are likely to be confused" should be treated as homonymsICN 2011 Melbourne Code Art. 53.3-5). However, a proposal to formally conserve Gillenia was mooted after it was determined that Gillena was not validly published and a vote at the International Botanical Congress decided that it and Gillenia were not likely to be confused.
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In Ex Parte Lutchman, an important case in South African succession law, the deceased had left certain property to his six children in equal shares in a validly executed will. One of the deceased's children took out three life insurance policies on his father's life and explained to his father that in order for him (the son) to get the benefits of the policies when he (the father) died, he (the father) must draft a new will. The only provision in the second will was that the son was appointed the sole heir of the insurance policies, so he did not deal with any of the rest of his estate. Furthermore, he accidentally included a revocation clause in the new will, so its effect was that everything except the insurance policies devolved according to the law of intestate succession.
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Shareholders always have the option of gaining the votes to change the constitution or threaten directors with removal, but they may not sidestep the separation of powers found in the company constitution.See John Shaw & Sons (Salford) Ltd v Shaw [1935] 2 KB 113, Greer LJ, 'The only way in which the general body of the shareholders can control the exercise of the powers vested by the articles in the directors is by altering their articles, or, if the opportunity arises under the articles, by refusing to re-elect the directors of whose actions they disapprove.' Though older cases raise an element of uncertainty,Macdougall v Gardiner (1875) 1 Ch D 13, holding that a director's refusal to take a poll of shareholders, validly requested under the company's articles, was not actionable because it was a "mere internal irregularity".
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Deane J dissented, holding that Cleary had not been "incapable of being chosen" and been validly elected. In Deane's view, it is sufficient if the candidate is qualified at the moment when the result of the poll is declared, by which point Cleary had resigned from his position. Deane was concerned that to require candidates always to be qualified at the point of nomination deters the more than ten per cent (at that time) of the workforce who are employed in the public service of the Commonwealth or a State. He thought that taking leave without pay or other emoluments, intending to resign if electoral success became apparent, is "preferable […] to the rather devious procedure of an ostensible termination of employment" under a guarantee of reinstatement if not elected, as has been established by Commonwealth and State legislation.
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P. chilensis skeleton seen from below A humerus from the Muséum d'Histoire naturelle de Bordeaux was labelled "Pelagornis Delfortrii 1869". Though the name from the label had been listed in the synonymy of P. miocaenus, neither does it seem to be a validly established taxon nor was the specimen compared with P. miocaenus remains. It seems to refer to one of the syntypes of the procellariiform Plotornis delfortrii – found at Léognan (France) and also of Aquitanian age – from which that species was described in the 1870s by Alphonse Milne-Edwards: when the nomen nudum "Pelagornis delfortrii" is listed in the synonymy of P. miocaenus, the pseudotooth bird is claimed to be known from the Léognan deposits also, whereas it has not actually been found there. Pseudodontornis, meanwhile, is a generally Paleogene genus of huge pseudotooth birds.
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The family Vibrionaceae currently comprises eight validly published genera: Aliivibrio, Catenococcus, Enterovibrio, Grimontia, Listonella, Photobacterium, Salinivibrio, and Vibrio; although the status of Listonella has been questioned. Members of this family also synthesize tetrodotoxin (TTX), an ancient marine alkaloid and powerful neurotoxin (Na+ pump inhibitor, 1 mg can kill an adult) that serves to protect members of an order of fishes, the Tetraodontiformes (tetras-four and odontos-tooth), which include the puffer fish (see fugu, raw puffer fish served in Japan). As mentioned above, Vibrionaceae bacteria are in symbiosis with many marine organisms. In the case of the puffer fish, and other marine organisms harboring TTX-producing Vibrionaceae, the symbiosis is an ancient and powerful one, providing protection against predation for the marine organisms that harbor these bacteria, while providing the bacteria a protected environment with plenty of nutrients for growth.
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Both Corypha nana and Chamaerops mocini had been published at the same time in the same work,Corypha nana on page 299 of Nova genera et species plantarum quas in peregrinatione ad plagam aequinoctialem orbis novi collegerunt Bonpland et Humboldt, Chamaerops mocini on page 300 which meant that Bartlett had to designate a basionym, the "original" validly published name for the species. Bartlett chose the former, and went on to describe three new species. Paul H. Allen described two new species in 1953, bringing the total number of species to seven. Based on Randall J. Evans' doctoral dissertation, Henderson and colleagues recognised nine species in the genus, although they expressed the concern that the fragmentation of populations by habitat destruction may have exaggerated the difference between remaining populations, leading to an overestimate in the number of species.
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The Catholic Church teaches that lay people, and even unbaptized people, can validly baptize, and may do so in an emergency, and that the ministers of the sacrament of matrimony are the people getting married, not the priest, who is only a witness to the marriage, although a witness is legally required in the modern Western Catholic church. Other sacraments, according to Catholic doctrine, essentially require a bishop or at least a priest in order to be valid. Martin Luther taught the "general priesthood of the baptized", which was modified in later Lutheranism and classical Protestant theology into "the priesthood of all believers" denying the exclusive use of the title "priest" (Latin sacerdos) to the clergy. This principle does not deny the office of the holy ministry to which is committed the public proclamation of the Gospel and the administration of the sacraments.
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By making 80% trials valid and 20% trials invalid, Posner encourages covert shifts of attention to take place in response to cueing. The ratio makes it beneficial for a participant to covertly shift attention towards the cued location, as it would be an accurate predictor for the majority of the time, giving rise to quicker target detection and response. When we attend to a location, even without directly looking at it, it facilitates processing and decreases the time we need to respond to information occurring in that given space. This results in decreased reaction times in Posner's spatial cueing task for validly cued targets, and slower reaction times in response to invalidly cued targets: "Detection latencies are reduced when subjects receive a cue that indicates where in the visual field the signal will occur" (Posner, Snyder & Davidson, 1980).
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But the same issues arise far more often in everyday situations where immigration officers, social welfare and tax authorities, and businesses will have to decide whether persons claiming an eligibility or a liability based on their status as a spouse are validly married. If conflict rules are obscure and complicated, this can result in real difficulties for all involved. But the conflict rules must be consistent with the forum's domestic policies in relation to marriage. Hence, the further policy considerations are: #Even though policies related to community life reflect the views, opinions, and the prejudices of that community, local laws have a strong claim to specify the formal requirements for marriages celebrated within their jurisdiction (this is, after all, the reason that the lex loci celebrationis is usually accepted as the law to determine all formal requirements for the marriage).
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Draft statutes of autonomy approved under the procedure outlined in Article 151 of the Spanish Constitution of 1978 required for its subsequent ratification in referendum, once ruled favourably by the Constitutional Commission of the Congress of Deputies. Under Article 9 of the Organic Law 2/1980, of 18 January, on the regulation of the different forms of referendums, the ratification required the affirmative vote of at least a majority of those validly issued. In the absence of such a majority in one or several provinces, those voting favourably could constitute themselves into an autonomous community of their own, provided that: #The provinces were bordering. #That it was decided to continue the statutory process by virtue of an agreement adopted by the absolute majority of the Assembly of Parliamentarians corresponding to the provinces that had voted affirmatively on the draft.
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On 23 August 2010, shortly after the ruling of the Mexican Supreme Court requiring all states to recognise same-sex marriages validly performed in another state, state legislators introduced an amendment to article 7 of the Constitution of the State of Baja California, adding the definition of marriage as being the union of a man and a woman. On 29 September 2010, the Congress of Baja California voted 18–1 in favor of the amendment, and after approval by municipalities, it was published on 27 May 2011. On 13 November 2014, the Supreme Court of Mexico ruled that Baja California's ban on same-sex marriage was unconstitutional. A bill was introduced to the Baja California Congress on 12 February 2015 to fully legalise same-sex marriage in the state by changing article 7 of the state Constitution.
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The Catholic Church sees confirmation as one of the three sacraments that no one can receive more than once (see sacramental character). It recognizes as already confirmed those who enter the Catholic Church after receiving the sacrament, even as babies, in the churches of Eastern Christianity, but it confers the sacrament (in its view, for the first and only time) on those who enter the Catholic Church after being confirmed in Protestant or Anglican churches, seeing these churches as lacking properly ordained ministers. In the Anglican Communion, a person who was previously confirmed in another denomination by a bishop or priest recognized as validly ordained is "received" rather than confirmed again. Some dioceses of the Protestant Episcopal Church in the United States of America recognize non-episcopal Confirmations as well and these individuals are received into the Anglican Communion rather than re-confirmed.
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Between 1 April 1974 and 31 March 1996, this area was the Woodspring district of the county of Avon (named after Woodspring Priory, an isolated medieval church near the coast just north east of Weston-super-Mare). The district of Woodspring was formed from the municipal boroughs of Weston- super-Mare, Clevedon and Portishead urban districts, Long Ashton Rural District, and part of Axbridge Rural District. Though the government proposed that the new unitary area be known as "North West Somerset" from 1 April 1996, the council voted instead to adopt the name "North Somerset" and so the name "North West Somerset" was never widely used. There remained some legal doubt as to whether the council had validly changed the name to "North Somerset", but in 2005 the council passed a resolution to put the matter beyond doubt.
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The High Court shall have jurisdiction to hear and determine any question whether: any person has been validly elected as a Member of Parliament and the seat of a Member of Parliament has become vacant. The High Court to which any question is brought under subsection (1) shall determine the said question and give judgment thereon within four months after the commencement of the proceedings before that Court. An appeal shall lie to the Court of Appeal from the decision of the High Court on any matter determined pursuant to subsection (1), save that no appeal shall lie in respect of any interlocutory decisions of the High Court in such proceedings. The Court of Appeal before which an appeal is brought pursuant to subsection (3) shall determine the appeal and give judgment thereon within four months after the appeal was filed.
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On 27 October 2017, the High Court found he had been eligible in 2016 to nominate and be validly elected. In September 2017, the Turnbull Government with the support of Nick Xenophon (by a vote of 31-27), was able to pass changes to media legislation including the repealing of the "two-out-of- three" rule (which allowed a company to own a TV station, newspaper and radio station in a single market) and the "reach rule" (which prevented a single TV broadcaster from reaching more than seventy-five per cent of the population). On 6 October 2017, Xenophon announced that he would resign in order to stand for the Parliament of South Australia at the 2018 South Australian general election. On 31 October 2017, Xenophon resigned from the Senate, and was replaced by his party's senior advisor Rex Patrick.
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Christine Mayr-Lumetzberger (born 1956 in Linz, Austria) is a teacher and former Benedictine nun who was excommunicated from the Roman Catholic Church when she and six others were ordained as priests by an Independent Catholic bishop in 2002, she called herself a Roman Catholic priest, and she refused to recant. She was ordained a bishop in 2003 along with Gisela Forster; reportedly, the ordination was performed by Roman Catholic bishops whose identity remains a secret. She has declared as her motive to promote the ordination of women within the Roman Catholic Church which does not recognize the ordination of women as valid: "A baptized male alone receives sacred ordination validly". In 1994, Pope John Paul II declared in the apostolic letter Ordinatio sacerdotalis that "the Church has no authority whatsoever to confer priestly ordination on women".
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The lead judgment was given by Lord Denning MR. He held that the writ had been properly served on the defendant in England, and if a defendant is properly served with a writ while he is in this country, albeit on a short visit, the plaintiff was entitled to continue the proceedings to the end. The plaintiff had validly invoked the jurisdiction of the Queen’s courts; and was entitled to require those courts to proceed to adjudicate upon the claim. The courts should not strike the claim out unless it was vexatious or oppressive, or otherwise an abuse of the process of the court. If the statement of claim discloses a reasonable cause of action, the plaintiff is entitled to pursue it in the English courts, even though the cause of action did arise in a foreign country.
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The LDS Church does not agree with this view of the proceedings, as they recognize newly ordained apostles under Joseph Smith as authorized to offer a sustaining vote.The LDS Church maintains that Rigdon was validly excommunicated from the church by the Common Council of the Church on September 8, 1844: see History of the Church 7:268-69. The LDS Church further maintains that William Smith had been disfellowshipped and replaced in the Quorum by Amasa M. Lyman and that John E. Page had been excommunicated and replaced in the Quorum by Ezra T. Benson. Because Lyman and Benson were present at the 1847 reorganization, the LDS Church claims that nine of the nine present members of the Quorum voted in favor of reorganizing Young's First Presidency, which constituted a three-quarters majority vote of the Quorum.
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A Garden Bridge Trust spokesman said that the Garden Bridge Trust had signed a costs agreement with TfL which included a repayment schedule. On 26 July 2016, the BBC reported that the project had run into financial trouble and that the Garden Bridge Trust was seeking an extension of a £15m underwriting of the project: "tough questions are being asked in Whitehall about the footbridge and its public value". The additional assurance of the underwriting extension was needed in order for the Garden Bridge Trust to complete and file its statutory accounts, due on 31 July 2016. However, on Friday 29 July 2016, the last day on which it could validly do so, the Garden Bridge Trust changed its accounting reference date so as to extend its accounting period from 31 October 2015 to 31 March 2016, a further five months, postponing its obligation to file any accounts.
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Equity defers to the position at law of a bona fide purchaser for value without notice (including any tenant or mortgagee), and as 'equity will not suffer a wrong to be without remedy,' where there is such, will be limited to in personam remedies against the settlor or life tenant where it confirms life estates, upon trust, to have been validly created: #for the life tenant(s); and thereafter #for remainderman, remaindermen or the reversionary settlor. Life tenants are never recorded as proprietors at the Land Registry as they are temporary, equitable owners and are not entitled to have the a transfer of the land effected. If the proprietor has died, executors of the will, administrators or beneficiaries all have the right to apply for the standard form A restriction and are encouraged by the official guidance to do so. Practice Guide 24, published 13 October 2003.
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The theory that to be validly ordained, Anglican clergy must be ordained or consecrated by bishops whose own consecration can be traced to one of the Apostles has always been a minority position. Bradshaw sums up the position as follows: :... Hooker and the great weight of representative Anglican theology did not unchurch continental non- episcopal churches. Anglican ecclesiology does not, classically, hold the view that the church and sacramental grace depend upon the episcopal succession from the apostles.While many Anglicans hold that only a priest properly ordained by a bishop or a bishop consecrated by other bishops can perform valid sacramental actions (the exceptions are Baptism, which can be performed by a layperson in cases of emergency, and in some Provinces of the Anglican Communion, Matrimony, which can be performed by a deacon), many would also be cautious about applying the criterion to other churches.
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The Bureau of Land Management manages about 167 million acres (676,000 km²) of publicly owned rangeland in the United States, with the United States Forest Service managing approximately 95 million acres (380,000 km²) more. Permittees on federal rangelands are required to pay a fee, and the permit cannot exceed ten years but is renewable. Any US citizen or validly licensed business can apply for a BLM grazing permit or lease. To do so, one must either buy or control private property (known as "base property") that has been legally recognized by the Bureau as having preference for the use of public land grazing privileges, or acquire property that has the capability to serve as base property and then apply to the BLM to transfer the preference for grazing privileges from an existing base property to the acquired property (which would become the new "base property").
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His piece, published by the law group Justia, raised several constitutional questions on the proposal, including whether the people of a U.S. state can authorize such a split by popular initiative, and whether several new states can be validly created under Article IV by splitting the territory of a single existing state. Furthermore, Draper, as the appointed "Agent of the State of California" for the purpose of defending the proposal in court, may not actually be able to do so because of both the U.S. Supreme Court's ruling in Hollingsworth v. Perry; and Article II, Section 12, of the California Constitution that prohibits any constitutional amendment that names a specific individual to hold a particular office. Amar also wrote that the measure might be blocked by the California courts on grounds that it is a revision to the California constitution instead of an amendment.
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Lennon, even after being advised as to these shortfalls, declined to clarify the matter either by allowing the Church to remain open for divine worship and the devotion of the faithful, or by following the procedure for relegation. By the law itself, such an omission renders invalid Lennon's decision to implement the effects of Canon1222§2, i.e., the permanent closure of St. Casimir and its concomitant relegation to secular but not unbecoming use. The Congregation for Clergy noted that jurisprudence does not recognize such relegation to be implicit in the decree suppressing or amalgamating a parish; and, it was evident to the Congregation for Clergy that the requirements of canon law for the licit and valid relegation of a church to secular but not unbecoming use have not been met, and that the Church has not been lawfully and validly relegated to secular but not unbecoming use.
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At the end of the hearing, Fauteux CJ immediately announced the Court's decision: In subsequent written reasons, Pigeon J noted that Dumoulin J's comments with respect to the nature of jurisdictions had to be read with what Lord Tomlin had stated in the Fish Canneries Reference: Citing more recent SCC jurisprudence,, , he then declared: Pigeon held that the policy intended to be implemented was a control of the imports of a given commodity to foster the development and utilization of Canadian oil resources. Under the circumstances, the interference with local trade cannot be termed an unwarranted invasion of provincial jurisdiction.Caloil, p. 551 In his concurring opinion, Laskin J stated that the authority of Parliament to regulate importation of goods was validly exercised in this case, in including as part of the regulatory scheme a provision restricting the area of distribution of the goods within Canada by their importer.
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Benedict V never again attempted to claim the papacy, and so his abdication is considered valid, though some treated him as the valid pope until his death (which, either way, occurred before the election of the next pope, John XIII). The first historically unquestionable papal renunciation is that of Benedict IX in 1045. Benedict had also previously been deposed by Sylvester III in 1044, and though he returned to take up the office again the next year, the Vatican considers Sylvester III to have been a legitimate pope in the intervening months (meaning that Benedict IX must be considered to have validly resigned by acquiescing to the deposition in 1044). Then, in 1045, having regained the papacy for a few months, in order to rid the church of the scandalous Benedict, Gregory VI gave Benedict "valuable possessions" to resign the papacy in his favour.
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In United States constitutional law and criminal procedure, the sugar bowl refers to a legal maxim relating to one of the restrictions on searches and seizures imposed by the Fourth Amendment to the United States Constitution. It specifically refers to the areas that may be searched in pursuit of the items stipulated in the warrant in relation to evidence of any other criminal acts which may be recovered. The maxim (often quoted as "if you are looking for stolen televisions, you cannot look in sugar bowls") describes the relationship between what is described in a search warrant and the persons or things that may be validly searched as a consequence. Under the law, only those areas that could realistically contain the objects searched for can be searched, and as such only evidence of other crimes found in those areas (or in plain sight) can be admitted.
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The extraordinary effrontery of the share offer suffered an unexpected reverse when a Miss Brown brought a suit against the directors on the grounds that the 1886 prospectus for preference shares was misleading, in that it claimed that shares had been fully paid up, when in fact they had been allocated to Chambers free as if they were fully paid up. Miss Brown's case was confirmed and it seemed likely that other similar suits would quickly follow. The debenture holders held a meeting with the directors and it was made obvious that the company could not simply carry on regardless: the Monmouth extension had to be abandoned forthwith. However the crisis was averted so far as the existing line was concerned, when in 1891 a financial reconstruction was implemented and ratified by Act of Parliament, which declared that all the debentures were validly issued.
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In the landmark judgement in the Ashok Chavan case in the case of inaccurate electoral rolls in the 2009 election, the Election Commission held - "Para 94 - Having regard to the totality of the circumstances mentioned above relating to the publication of the aforesaid 25 advertisements in various newspapers referred to above, the Commission is of the considered view that respondent cannot validly claim ignorance about the publication of the abovementioned 25 advertisements in which his name, the name of his constituency and also his photograph prominently appeared. " Thus Ashok Chavan was issued a show-cause notice for disqualification in the above case. This sets a bench-mark for accurate election reporting, and the Election Commission, under Sampath, for the first time, took the pathbreaking decision of moving towards disqualification of a politician for inaccurate reporting of poll expenses. The matter is now in appeal in the Delhi high Court.
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This restriction on people with dual or multiple citizenship being members of parliament does not apply to the state parliaments, and the regulations vary by state. A court case (see Sue v Hill) determined that the UK is a foreign power for purposes of this section of the constitution, despite Australia holding a common nationality with it at the time that the Constitution was written, and that Senator-elect Heather Hill had not been duly elected to the national parliament because at the time of her election she was a subject or citizen of a foreign power. However, the High Court of Australia also ruled that dual citizenship on its own would not be enough to disqualify someone from validly sitting in Parliament. The individual circumstances of the non-Australian citizenship must be looked at although the person must make a reasonable effort to renounce his or her non- Australian citizenship.
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The dispute on the Secretary and Deputy Secretary appointments centered on the fact that the issued text of an amendment to the order of succession deviated from the intention of then-Secretary Kirstjen Nielsen, placing a different person than expected next in line. The dispute on the USCIS appointment centered on whether a newly created Principal Deputy Director position was validly the "first assistant" to the Director under the Federal Vacancies Reform Act. On March 1, 2020, the United States District Court for the District of Columbia ruled that Cuccinelli was not lawfully appointed to serve as acting USCIS Director and invalidated certain actions taken by him; the government dropped its appeal of this case in August 2020. On August 14, 2020, the Government Accountability Office released a finding that McAleenan, Wolf, and Cuccinelli had been appointed improperly to their Acting Secretary and Deputy Secretary positions; the DHS rejected this finding.
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In their judgment, they found that the legislation made using the 1911 Act could modify the Act, as indicated by the reference to "any Public Bill" [emphasis in original] being permitted to use the Parliament Acts (except for a limited number of express exceptions). Furthermore, they ruled that the 1911 Act did not create a method of making delegated legislation, but was instead a redefinition of the relationship between the House of Commons and the House of Lords. Moreover, there was found to be "no established principle applicable to this case which denies a power of amendment of the earlier statute in the absence of the express conferral of one specifically dealing with amendment". The Parliament Act 1949 was therefore found to have been validly passed using the Parliament Act 1911 and the Hunting Act was consequently also held to be an Act of Parliament.
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Disparity of cult, sometimes called disparity of worship (Disparitas Cultus), is a diriment impediment in Roman Catholic canon law: a reason why a marriage can not be validly contracted without a dispensation, stemming from one person being certainly baptized, and the other certainly not baptized. The reasons for this impediment is that the marriage will not be a sacrament with one spouse unbaptized, that the unbaptized person's views on marriage may be incompatible with the Catholic views, and that such a marriage may hinder the practice of religion on part of the Catholic spouse and any children. Disparity of worship does not affect the marriage of a Catholic or baptized non-Catholic with one whose baptism, even after careful investigation concerning the baptismal ceremony or its validity, remains doubtful. Neither does it in any way influence the marriage of two who, after diligent examination, are still considered doubtfully baptized.
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Even if a Seller of souvenir plots does validly create a contract of sale for the plot of land sold and provides the Buyer with a valid disposition, the registration of the disposition deed is not possible under the Land Registration (Scotland) Act 2012. This replaced the longstanding rule found in the Land Registration (Scotland) Act 1979. > "Land Registration (Scotland) Act 2012 Section 22 (2)In subsection (1)(b), > “souvenir plot” means a plot of land which— (a)is of inconsiderable size and > of no practical utility, and (b)is neither— (i)a registered plot, nor (ii) a > plot the ownership of which has, at any time, separately been constituted or > transferred by a document recorded in the Register of Sasines."[bold added] Since the Seller will unlikely 'sell' a souvenir plot of a considerable size or practical utility, the disposition will be unable to be registered in the Land Register.
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Later, four other members of the federal parliament were referred to the High Court, which heard the seven cases together. In the High Court, government lawyers argued for Canavan and others that s 44(i) requires some personal acknowledgement of another citizenship, which had not occurred; in its judgment on 27 October 2017, the Court rejected this interpretation of the sub-section. For Canavan, it was argued in addition that his registration as an "Italian resident abroad" in 2006 had been incorrect in supposing that he was an Italian citizen and that, although a change in Italian citizenship law when he had been two years old could appear to have conferred Italian citizenship upon him, it could not be shown to have done so. The Court accepted these points and held that Canavan had never been a citizen of Italy; accordingly, he had been validly elected..
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These verses are distributed unevenly in five chapters (called Stabakas, that is, "cluster of blossoms" or "bunch of flowers"). These chapters contain respectively twenty, four, twenty-three, six and twenty verses. These verses form the core of the work, the prose passage that accompanies each being an elaborate explanation of it. After a few introductory lines, Udayana enumerates five principal arguments which are said to invalidate the existence of Isvara: "With regard to this there are five erroneous opinions (which assert that there exists no Isvara) on the ground that: # there is no other-worldly means (of attaining) a world beyond; # even without assuming an Isvara the performance of the means of (attaining) the world beyond is possible; # there are arguments that make known the non- existence of Isvara; # even if Isvara existed, he would not be a source of valid cognition; and # there are no arguments that can validly establish his (existence)".
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The name change was the result of a disagreement between the owners of the Fairlight Instruments trademark and himself that resulted in Fairlight revoking his license to use the name. According to them, the use of the Fairlight name only extended to the new version of the CMI, now called the CMI-30A in reference to the instrument's 30th anniversary. Additionally, it extended to several other CMI hardware products planned, including a PC-based "Series IV." They claimed that because Vogel had also used the Fairlight name for the iOS CMI app as well, he had violated the terms of the agreement, and they were within their rights to terminate the agreement. Vogel said that he believed that the licensing agreement also extended to the app as well, but the Federal Court held the agreement had been validly terminated.. Vogel appealed to a full court of the Federal Court however the appeal was only partially successful,.
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In other jurisdictions, they are only voidable and an application must be made by a liquidator or creditor for the floating charge to be set aside. In most jurisdictions, a floating charge is only vulnerable to the extent that it does not secure new money for the company.See for example section 245(2) of the Insolvency Act 1986 So if a bank has a loan of £100 outstanding to a company, and it advances a further £50 but takes an "all-monies" floating charge as security, and the company goes into liquidation 3 months later, the floating charge will validly secure the £50 advance which was made at the time, but not the earlier £100. Legislation relating to voidable floating charges is intended to prevent abuse of a security interest which catches literally all of the assets of the company, and could be used by person to strip out all of the assets from a company in difficulty from the unsecured creditors.
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A stock certificate represents a legal proprietary interest in the common stock (in the sense of the general fund) or assets of the issuer corporation. The certificate evidences a chose in action against the issuer to collect dividends and usually to influence the issuer through voting pursuant to the issuer's charter and bylaws, which are often implied or incorporated by reference as terms on the face of the certificate. Stockholder rights are subject to the solvency requirements of issuer's general creditors and to any terms and conditions validly placed upon the face of the stock certificate which are part of the total agreement between the particular stockholder and the issuer. Stock certificates are transferred as negotiable or quasi- negotiable instruments by indorsement and delivery, and issuer charters typically require that transfers must be registered with the issuer (usually via the issuer's transfer agent) in order for the transferee to join as a member of the corporation.
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Fields where practicing without a license may carry civil or criminal penalties include lawyer, physician, physician assistant, optometrist, audiologist speech language pathologist, podiatrist, surgeon, coroner, medical examiner, paramedic, funeral director, osteopath, chiropractor, dentist, pharmacist, engineer, pilot, broadcasting, nurse, veterinarian, midwife, teacher, psychologist, notary public, surveyor, detective, social worker, architect, barber, hairdresser, electrologist, tattooist, cosmetologist, real estate agent, plumber, florist, accountant, and masseuse. If a person offering their services is licensed in one of these professions, any member of the public has a right to know if that person is validly licensed or not by the licensing authority. Anyone who claims to have a license and refuses to identify themselves properly by first and last name can possibly lose any one or all of their licenses. In many jurisdictions, it is illegal for service providers to hide their identities for purposes of making it difficult to verify licensure and past disciplinary actions or license violations.
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The Allies then maintained that the former German Reich no longer existed in fact; so, as the 'highest authority' for Germany, they were entitled to assume all sovereign powers without limitation of duration or scope, and could legitimately impose whatever measures on the German people within German national territory as any government could legally do on its own people—including validly ceding parts of that territory and people to another country. They argued furthermore that international conventions constraining occupying powers in wartime from enforcing fundamental changes of governmental system, economic system or social institutions within the territory under their control—the Hague Regulations of Land Warfare and the Geneva Conventions—did not apply, and could not apply, as the termination of Nazi Germany and the total Denazification of German institutions and legal structures had been agreed by the Allied Powers as absolute moral imperatives.Breven C. Parsons, (2009), Moving the law of occupation into the twenty-first century , Naval Law Review, publisher: U.S. Naval Justice School. pp.
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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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Sowiński is serving a sentence in the Rzeszów-Załęże Criminal Facility, in a one-person cell in the therapeutic ward. He repeatedly sued in court during the sanction: against the father of one of his victims, who attacked him with an axe when he was led to the courtroom, from whom he demanded PLN 13,000 for "moral damage and losses"; against two policemen who escorted him - demanded PLN 80,000 for "not providing him with adequate protection", and PLN 360 for "damaged clothing", in another case - against the District Prosecutor of Zamość, from whom he demanded PLN 500,000 in compensation for "the prosecutor being rude and did not allow him to get acquainted with the case file", and Sowiński brought the last action in 2010 against Radio Lublin. For using the term "vampire", he demanded compensation from the radio in the amount of PLN 500,000. All actions brought by Sowiński were validly dismissed.
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Winkworth v Christie Manson and Woods Ltd [1980] 1 Ch 496 was a judicial decision of English High Court relating to the proper law to determine whether title passes when stolen goods are sold to another person in a foreign country. The case related to paintings which were stolen in England, and later sold by the thief to a purchaser in good faith who was unaware that they were stolen in Italy. Slade J held that the rule as to whether or not title to property validly passed was to be determined by the law of the place where the property was located at the time that the transfer purportedly took place. In this case, under Italian law a purchaser in good faith without notice received good title, and accordingly, the rule of Italian law prevailed over the English rule (known as the nemo dat rule) because that was where the paintings were at the relevant time.
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Following the no-confidence motion, Attorney General Basil Williams filed a court case arguing that the no-confidence motion was invalid as an absolute majority of the 65 members of Parliament would constitute 34 votes rather than the 33 which the motion received.Attorney General appeals Chief Justice ruling on no-confidence motion; private sector demands elections now Demerara Waves, 5 February 2019 He also argued that Charrandas Persaud, whose vote decided the motion in the opposition's favour, was ineligible to be an MP as he holds dual Guyanese-Canadian citizenship, which is not permitted under the constitution. On 31 January 2019, Acting Chief Justice Roxane George-Wiltshire ruled that although Persaud was ineligible to sit in Parliament, the motion was nonetheless validly passed according to Article 165 of the Constitution, and the government of President Granger should have resigned in its aftermath to allow for early elections."Charrandass Persaud vote valid – Chief Justice", Stabroek News, 31 January 2019.
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Congress failed to provide evidence to support the need to abrogate sovereign immunity. The American Library Association and others filed an amicus brief siding with the state, saying that "state-run libraries and archives have not abused state sovereign immunity; copyright holders have sufficient means of enforcing their rights against state-run libraries and archives; elimination of the sovereign immunity for copyright claims would endanger digital preservation efforts by state-run libraries and archives". Thirteen amici filed briefs in support of Allen, including the United States Chamber of Commerce, the Recording Industry Association of America, the Copyright Alliance, the Software and Information Industry Association, and the National Press Photographers Association. Those briefs proposed various doctrines under which the CRCA could validly abrogate sovereign immunity and variously re-asserted and supported the reasons why Congress examined and enacted CRCA, claiming that Congress was fair in finding that states had abused immunity and that an alternative remedy was needed.
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The procedure for nomination for Deputy follows the same pattern as for the Senatorials, except that the nomination paper must be signed by 10 voters, including proposer and seconder, validly registered in the constituency in which they intend standing (for a Senatorial election, the constituency is one all-Island constituency). The proposer and seconder must attend in person the Electoral Assembly ("nomination meeting") presided by the Constable (or Chef de Police or Procureur du Bien Public) of the respective parish held at the respective parish's parish hall (Public Hall in the case of St. Martin) or other place as may be specified. In the case of parishes divided into more than one electoral district, nominations are accepted at the Electoral Assembly by district, nominations for each district having to last at least 20 minutes. (see articles on individual parishes for electoral districts) In single-member districts, a simple first past the post election is held.
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On 18 March 2011 the Union Cycliste Internationale (UCI) announced that Sinkewitz had tested positive for recombinant Human Growth Hormone in a blood sample taken during the GP di Lugano earlier in the year. He was provisionally suspended by the UCI, and a B-sample was analysed a month later, also testing positive for HGH. Sinkewitz appealed to the German Institution of Arbitration which ruled that the calculation of the sample analysis was "not sufficiently documented and therefore the ADRV [Anti-Doping Rule Violation] not validly proven," thus clearing Sinkewitz of the ADRV and allowing him to apply for a new license. The German anti-doping agency appealed to the Court of Arbitration for Sport (CAS), who in February 2014 found Sinkewitz "guilty of an Anti-Doping Rule Violation in the form of the presence of recombinant hGH in his body specimen", banning him for 8 years, imposing a €38,500 fine, and disqualifying all his results from the 2011 GP di Lugano.
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This stated that a "marriage contracted outside this state that would be valid by the laws of the jurisdiction in which the marriage was contracted is valid in this state".California Family Code, Section 308 Advocates of Proposition 22 described Section 308 as a "loophole", apparently forcing California to recognize a same-sex marriage validly contracted in some other state.2000 California Primary Election, Voter Information Guide, Rebuttal to Argument Against Proposition 22 To address this, Proposition 22 did not reword the existing provisions of the Family Code, but added to them the declaration that "only marriage between a man and a woman is valid or recognized in California".2000 California Primary Election, Voter Information Guide, Text of Proposition 22 The official citation of Proposition 22, the "California Defense of Marriage Act", is almost the same as that of a federal law, the Defense of Marriage Act, which was enacted by Congress in 1996.
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However, in the case of a ferendae sententiae interdict, one incurred only when imposed by a legitimate superior or declared as the sentence of an ecclesiastical court, those affected are not to be admitted to Holy Communion1983 Code of Canon Law, canon 915 (see canon 915), and if they violate the prohibition against taking a ministerial part in celebrating the Eucharist or some other ceremony of public worship, they are to be expelled or the sacred rite suspended, unless there is a grave reason to the contrary. In the same circumstances, local ordinaries and parish priests lose their right to assist validly at marriages.Code of Canon Law, canon 1109 Automatic (latae sententiae) interdict is incurred by anyone using physical violence against a bishop,1983 Code of Canon Law, canon 1370 §2 as also by a person who, not being an ordained priest, attempts to celebrate Mass, or who, though unable to give valid sacramental absolution, attempts to do so, or hears a sacramental confession.
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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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The district court wrote that the computer code "... does more, in other words, than convey a message" and that "... it has a distinctly functional, non- speech aspect in addition to reflecting the thoughts of the programmers." The appeals court later wrote that "Under the circumstances amply shown by the record, the injunction's linking prohibition validly regulates the Appellants' opportunity instantly to enable anyone anywhere to gain unauthorized access to copyrighted movies on DVDs" thus upholding the injunction against publishing links to the DeCSS code in these circumstances. The appeals court did consider the prior restraint and free expression issues, but treated the DeCSS program primarily as a means of evading copyright protection, and under that theory, held that the 2600 site could be permanently enjoined from posting the DeCSS code, and from linking to sites that posted it in an attempt to make the code available. The case was not taken to the Supreme Court.
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"The Catholic Church has never felt that priestly or episcopal ordination can be validly conferred on women", Inter Insigniores, October 15, 1976, section 1Cf. Congregation for the Doctrine of the Faith, "Response to a Dubium concerning the teaching contained in the Apostolic Letter 'Ordinatio Sacerdotalis'": AAS 87 (1995), 1114. In English and In Latin In 2007, the Holy See issued a decree stating that attempted ordination of a woman would result in automatic excommunication for the women and bishops attempting to ordain them, and in 2010, that attempted ordination of women is a "grave delict". An official Papal Commission ordered by Pope Francis in 2016 was charged with determining whether the ancient practice of having female deacons (deaconesses) is possible, provided they are non-ordained and that certain reserved functions of ordained male permanent or transitional deacons—proclaiming the Gospel at Mass, giving a homily, and performing non-emergency baptisms—would not be permitted for the discussed female diaconate.
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In 2009, Pope Benedict XVI reaffirmed that: "Until the doctrinal questions are clarified, the Society has no canonical status in the Church, and its ministers – even though they have been freed of the ecclesiastical penalty – do not legitimately exercise any ministry in the Church." The status of the SSPX was not changed by Benedict in 2009. This has to some extent been superseded with regard to the exercise by SSPX ministers of ministry within the Catholic Church, but not as regards the canonical status of the society as viewed by the Holy See. On 20 November 2016, Pope Francis personally extended for priests of the society, until further provisions are made, the faculty by which "those faithful who, for various reasons, attend churches officiated by the priests of the Priestly Fraternity of Saint Pius X, can validly and licitly receive the sacramental absolution of their sins", a faculty he had already granted for the duration of the 2015–16 Jubilee Year.
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People v. Lazarus, 24–29 Perry had also properly denied the defense motion to suppress evidence obtained via the search warrants of Lazarus's home, cars and workspaces, according to Manella, since they were based on reasonable assumptions about possibly incriminating evidence that might still be in those places over two decades after the crime—again, supported by existing state and federal case law.People v. Lazarus, 30–38 And since none of the information in the search-warrant affidavit was known to be false or shown to have been stated with reckless disregard for its truth, the good-faith exception was validly applied.People v. Lazarus, 38–40 For the same reason, there was no basis for a Franks hearing.People v. Lazarus, 40–42 "Appellant appears to believe that Garrity applies to any statement made by a police officer during an interview conducted by fellow law enforcement officials," Manella wrote with regard to Lazarus's interview.
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Charleton J. observed that KH merely "wished to live an ordinary life free from the continual strain of court appearances" and that JMH had "abused the processes of the court" to the point where the safety of the children was no longer the focus of the proceedings, instead focusing on "wrong that [was] more apparent than real". Regarding the divorce appeal, Charleton J. stated: > "The circumstances under which validly married couple might face a late > appeal claiming that the divorce of one of them was improperly granted are, > perhaps absent fraud on the system by both or one or other of them, > impossible to imagine. No decision is now to be made in that regard." Charleton J. held the appeal was vexatious and restated the order made by MacMenamin J. that JMH should have referred to the Circuit Court, and that in doing so many of the issues surrounding the case would have been avoided.
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If the excommunication is, in the formal legal sense, publicly known - that is, in case of both a "declared" latae sententia excommunication (judged upon by the responsible Church court) and in any ferendae sententia excommunication (always imposed by the Church court), any acts of ecclesiastical governance by the excommunicated person are not only illicit but also invalid, e.g., a thus excommunicated bishop cannot validly invest a priest as pastor of a vacant parish. However, as the sacramental character itself is unaffected by the excommunication, this does not apply to acts of sanctification, even if regularly connected with an act of governance such as ordination: an ordination by an excommunicated bishop would be valid but illicit. Under current Catholic canon law, excommunicates remain bound by ecclesiastical obligations such as attending Mass, even though they are barred from receiving the Eucharist and from taking an active part in the liturgy (reading, bringing the offerings, etc.).
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An excommunicated person is still a member of the Catholic Church but is forbidden to engage in certain activities enumerated in Canon 1331 §1. These precluded activities include: any ministerial participation in celebrating the sacrifice of the Eucharist or any other ceremonies of worship whatsoever; the celebration and reception of the sacraments; and the exercise of any ecclesiastical offices, ministries, or functions. The individual furthermore, cannot validly acquire a dignity, office, or other function in the Church; may not appropriate the benefits of a dignity, office, any function, or pension, which the offender has in the Church; and is forbidden to benefit from privileges previously granted.Can. 1331 §1 and §2, Code of Canon Law, Title IV Under current Catholic canon law, excommunicates remain bound by ecclesiastical obligations such as attending Mass, even though they are barred from receiving the Eucharist and from taking an active part in the liturgy (reading, bringing the offerings, etc.).
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The phrase good and necessary consequence was used more commonly several centuries ago to express the idea which we would place today under the general heading of logic; that is, to reason validly by logical deduction or better, deductive reasoning. Even more particularly, it would be understood in terms of term logic, also known as traditional logic, or as many today would also consider it to be part of formal logic, which deals with the form (or logical form) of arguments as to which are valid or invalid. In this context, we may better understand the word "good" in the phrase "good and necessary consequence" more technically as intending a "valid argument form". One of the best recognized articulations of the authoritative and morally binding use of good and necessary consequence to make deductions from Scripture can be readily found in probably the most famous of Protestant Confessions of faith, the Westminster Confession of Faith (1646), Chapter 1, sec.
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VIN cloning or car cloning is a practice of using a vehicle identification number (VIN) from a legally registered car to hide the identity of a stolen or salvaged vehicle. The procedure involves replacing the serial plate of a stolen or salvage repaired vehicle with a plate containing the number of a validly registered vehicle of similar make, model and year from another state, province or country. The use of this practice by organized theft rings is partially responsible for the creation of national databases such as the National Motor Vehicle Title Information System in the United States and the Personal Property Securities Register in Australia and New Zealand. The problem with VIN cloning is potentially very large with the FBI reporting one case in Tampa, Florida, in which more than 1,000 cloned cars were sold to buyers in twenty states and several countries, with estimated losses of more than $27 million to consumers, auto insurers, and other victims.
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There is, however, no Orthodox notion equivalent to the papacy: the Orthodox churches operate in the synodical system, whereby ecclesiastical matters are settled by the competent synod of bishops, in which each bishop has one vote. The five patriarchs of the ancient Pentarchy (Rome, Constantinople, Alexandria, Antioch, and Jerusalem, in that order) are to be given seniority of honour, but have no actual power over other bishops other than the power of the synod they are chairing (and in which they also wield one vote). In 2007, the patriarch gave his approval to the Ravenna Document, a Catholic–Orthodox document re-asserting that the bishop of Rome is indeed the prōtos ("first") of the Church, as in "first among equals" and not supreme, although future discussions are to be held on the concrete ecclesiological exercise of papal primacy. According to Lumen Gentium, the patriarch is a validly consecrated bishop in Roman ecclesiology, and there is merely an imperfect ecclesial communion between Constantinople and Rome, which exists nevertheless and which may be improved at some point in history.
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The AAT was established in 1975, to conduct an independent merits review of administrative decisions made under Commonwealth laws. The AAT can 'stand in the shoes of the original decision maker' and reconsider the decision using whatever information is brought before it or available to it.. The High Court has long held that the separation of judicial power from legislative and executive powers was a fundamental principle of the Constitution.. This had the consequence that judicial power could only be exercised by a judge appointed to a court in accordance with section 72 of the Constitution. Judges' appointment, tenure, and remuneration.. The High Court also held that the separation of powers meant that a federal court could not validly be given non-judicial powers.. The administrative character of the AAT means that it is not a court and not part of the Australian court hierarchy. The President of the AAT was Gerard Brennan and Daryl Davies was a Deputy President, both of whom were Federal Court judges at the time, appointments referred to as persona designata.
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The Attorney General rejected the Acting Chief Justice's ruling and stated that he would appeal against it at the Court of Appeal.Guyana govt. appeals ruling in no-confidence motion case The Daily Herald, 7 February 2019 In February 2019, officials from the Guyana Elections Commission stated that there was not enough time left to organise elections by the constitutional deadline of mid-March. It was reported that the opposition might agree to postpone them until a later date.Guyana: Chief elections officer says polls cannot be held on March 19 St. Lucia News Online, 7 February 2019Guyana: Opposition leader hints at possible extension of deadline for general elections St. Lucia News Online, 7 February 2019 On 22 March 2019, the Court of Appeal overturned the Acting Chief Justice's ruling,Court of Appeal rules no-confidence motion was not validly passed with 33 votes Demerara Waves, 22 March 2019 prompting the opposition People's Progressive Party (PPP/C) to appeal to the Caribbean Court of Justice, whose ruling on the matter would be final.
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Both Haredi Judaism and Modern Orthodox Judaism accept a similar set of rules regarding Jewish status based on classical rabbinic Judaism, including both matrilineal descent and requirements that conversions be performed by Orthodox rabbis and that converts promise to strictly observe elements of traditional Judaism such as Shabbat and Niddah. However, their application of these rules have been different, and the difference has been increasing in recent years. Modern Orthodox authorities have been more inclined to rule in favor of Jewish status and to accept non-Orthodox Jews' word in doubtful cases involving people claiming to be Jews, while Haredi authorities have in recent years tended to presume non-Jewish status and require more stringent rules and standards of evidence in order for Jewish status to be proven, and have tended to distrust the evidence of Jews who are not personally Orthodox. Haredi rabbis have tended to look at a convert's current personal observance and to regard deficiencies or lack of Orthodoxy in current observance as evidence that the convert never intended to validly convert.
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The notion of apostolic succession (i.e., the ability of a bishop to trace spiritual ancestry through a purportedly unbroken line of bishops back to the original faith established by Jesus of Nazareth and his apostles) has played an important role in the history of the western Church since the Donatist controversy in the fourth and fifth centuries AD. The traditional Catholic position holds that a validly consecrated bishop shares apostolic succession with the bishops he consecrates and the priests and deacons he ordains regardless of any heresy or schism he may have committed. Some theologians argue that this view is mechanical and reductionist, and that episcopal consecration is for service within a specific Christian community; in this view, consecration or ordination of an individual with no reference to a community is without effect. Independent Catholic clergy reject this view, arguing that bishops are consecrated and priests and deacons ordained for the service of others, whether of a defined community or jurisdiction, or of a more broadly defined group.
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The prelude to the crisis began when Bob Day of the Family First Party resigned from the Senate on 1 November 2016 following the collapse of his business. Shortly after Day's resignation, the Senate referred to the High Court the validity of Day's election in July 2016 for a possible breach of section 44(v) of the Constitution, which provides that a person who "has any direct or indirect pecuniary interest in any agreement with the Public Service of the Commonwealth" (and s 44 continues) "shall be incapable of being chosen or of sitting" as a member of Parliament. The basis of the complaint was that, at Day's request, his Commonwealth-funded electorate office was leasing part of a building in Adelaide that he indirectly owned, so that the Commonwealth's payments of rent would eventually come into a bank account of his own. In April 2017, the court found that Day was not validly elected at the 2016 election and ordered that a special count of South Australian ballot papers be held to determine his replacement.
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Instead of piling layers and layers of pleadings and averments on top of each other, a pleading that was attacked by demurrer would either be completely superseded by an amended pleading or would proceed immediately "at issue" as to the validly pleaded parts. This meant that to determine what the parties were currently fighting about, a stranger to a case would no longer have to read the entire case file from scratch, but could (in theory) look only at the most recent version of the complaint filed by the plaintiff, the defendant's most recent answer to that complaint, and any court orders on demurrers to either pleading. Code pleading was criticized because many lawyers felt that it was too difficult to fully research all the facts needed to bring a complaint before one had even initiated the action, and thus meritorious plaintiffs could not bring their complaints in time before the statute of limitations expired. Code pleading has also been criticized as promoting "hypertechnical reading of legal papers".
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Protea welwitschii was first collected in Angola by Friedrich Welwitsch, many years before it was first described as a new species, who had gathered a number of specimens in Huíla Province from late 1858 to early 1859. P. welwitschii was validly described by Adolf Engler, using the herbarium specimens Welwitsch had collected on the Huíla Plateau to typify the new species, in an issue of the Abhandlungen der Königlichen Akademie der Wissenschaften zu Berlin. This issue is the volume for the year 1891, but it was actually published in 1892. Engler had already introduced the new taxon on June 11 of 1891 in a reading before the Koniglichen Akademie der Wissenschaften zu Berlin, titled , the same title as used in Abhandlungen, and, confusingly, he had already published the name, also in 1892, in a more general article summarising his work on African montane flora in the journal , also titled the same as the previously mentioned reading and the Abhandlungen article, but withholding a formal species description in this work.
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Code of Canon Law, canon 967 §3 Confessions in which the priest does not have the faculties to hear Confession, yet without good reason pretends to have them, are valid but illicit. The Church supplants the faculties leading to validity of the sacrament (Canon 144). However, in danger of death or a very grave emergency, any priest anywhere, even a suspended, interdicted, excommunicated or laicized priest, one who would not have faculties anymore, or one who for some reason does not have them, may validly and licitly absolve the person, even if a priest in good standing with faculties is nearby. Even for priests whose privileges have been suspended or revoked, a bishop or other superior may grant faculties for confession for a time or for certain purposes, as Pope Francis did when he allowed priests of the canonically irregular Society of Saint Pius X to hear confessions during the Year of Mercy, in 2015 and 2016; Francis extended the concession indefinitely in the apostolic letter Misericordia et Misera of 20 Nov. 2016.
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As O'Reilly is also a British subject, in part due to his pre-1949 Irish birth,As a result of the British Nationality Act 1948, Irish citizens (citizens of the Republic of Ireland) no longer had British subject status from 1 January 1949 if they did not acquire citizenship of the UK & Colonies or that of another Commonwealth country, notwithstanding that the Irish Free State did not cease to be one of His Majesty's dominions until 18 April 1949. However, section 2 of the Act allowed certain Irish citizens who were British subjects before 1949 to apply at any time to the Secretary of State to remain British subjects. Applications had to be based on: previous Crown service under the United Kingdom government; possession of a British passport; or associations by way of descent, residence or otherwise with the United Kingdom or any Crown colony, protectorate, UK mandated territory or UK trust territory. he holds a substantive and not just an honorary knighthood, and can validly style himself Sir, as he has done; see British honours system.
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Under low light, the thought might arise that a striped rope on the ground is a snake, "but there is nothing on top of or inside this rope [...] to which we could" validly apply the term and therefore establish a conventionally existing snake.Dalai Lama, Alexander Berzin The Gelug-Kagyu Tradition of Mahamudra P 323 The Dalai Lama expands: In reality, the self of persons, objects, and abstracts is like the term-concept "snake" being designated upon a rope, "the snake is merely what can be designated by a mental label."Dalai Lama, Alexander Berzin The Gelug-Kagyu Tradition of Mahamudra P 323 Like this, the object of negation or ignorance is viewed to be the thought and perception which grasps the self of persons and objects to be established within their respective bases of designation. To put this in somewhat simpler terms, the thought and perception which grasps persons, things, and abstracts phenomena as existing in-and-of themselves - with characteristics or an identity of their own - is seen to be ignorance in this system.
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In the specific example used for instance, i.e. filing the patent application in the United Kingdom, Ms. A does not have to declare priority claim on filing. She has actually until 16 months from the claimed priority date to provide the number and certified copy of the earlier application using Patents Form 3 and paying £40, provided there was no early publication of new application (see Patent Rules 2007, Rule 6). In addition (still in the specific example of filing the patent application in the United Kingdom), she could file an application up to two months after expiry of priority period and still validly claim priority using Patents Form 3 and paying £190 (which includes a late fee of £150) and filing evidence to show that the failure to meet the original deadline was unintentional (see Patents Act 1977, section 5(2B) and the Patent Rules 2007, rule 7)). the date for examining the novelty and inventive step requirements in the United Kingdom will be July 15, 2006, not July 15, 2007.
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In the East an antimension signed by the bishop is kept on the altar partly as a reminder of whose altar it is and under whose omophorion the priest at a local parish is serving. For priests to validly celebrate the sacrament of Penance they must have faculties (permission and authority) from the local bishop; however when the penitent is in danger of death, a priest has both the right and obligation to hear the confession no matter where he may be. To preside at matrimony ceremonies, Latin Church priests and deacons must have appropriate jurisdiction or delegation from a competent authority. In the Latin branch of the Catholic Church, the teaching is that it is the couple themselves who administer the graces of the sacrament; thus, although it is normally an ordained person who officiates at a marriage ceremony, a bishop may delegate a lay person to be present for the exchange of vows; this would be done only in extreme cases such as in mission territories.
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In November 1983, the British Columbia Government and Service Employees' Union (BCGEU), of which the employees of the superior courts were members, went on strike. The staff of the British Columbia Supreme Court picketed outside of the court house and only let in a minimum number of people needed for urgent cases. When Chief Justice Allan McEachern arrived in the morning to see the staff picketing he went to his office and issued an order on his own motion prohibiting picket lines outside of courthouses in British Columbia. The issues before the Supreme Court of Canada were: # whether the judge could constitutionally enjoin picketing of court-houses by a union representing court employees engaged in a lawful strike; # whether an enactment by a provincial legislature or by Parliament could validly deprive a judge of a Supreme Court of his inherent authority to protect the functions and processes of his and other courts without an amendment to the Constitution of Canada; # whether the order restraining picketing and other activities within the precincts of all court-houses in British Columbia infringed or denied the rights and freedoms guaranteed by ss.
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Two primary issues arose in the case, whether the Commonwealth Court of Conciliation and Arbitration could validly exercise (1) judicial power of the Commonwealth and (2) the arbitration powers of the Commonwealth. In the High Court Owen Dixon represented the Waterside Workers' Federation while Hayden Starke appeared for J W Alexander Ltd. At the time s 72 of the Constitution provided : > The Justices of the High Court and of the other courts created by the > Parliament: (i) shall be appointed by the Governor-General in Council; (ii) > shall not be removed except by the Governor-General in Council, on an > address from both Houses of the Parliament in the same session, praying for > such removal on the ground of proved misbehaviour or incapacity; (iii) shall > receive such remuneration as the Parliament may fix; but the remuneration > shall not be diminished during their continuance in office. The case followed shortly after the Wheat Case where the High Court held that the seven year term mandated by s103 of the Constitution for members of the Inter-State Commission precluded that commission from exercising judicial powers of the Commonwealth.
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This is different to the British case, Barry v Davies which found that if an auctioneer removes the reserve, they are bound to sell to a bona fide purchaser.. An acceptance of the offer resulting in a binding contract must take place with knowledge of the offer and an intention to accept the offer... Although acceptance need not be express and may be implied from conduct, it must correspond with the offer;Tonitto v Bassal (1992) 28 NSWLR 564 LawCite (option to purchase land not validly exercised where three documents were required to be sent and one was sent for another purpose at an earlier time) (Act must be done on faith or by reliance on the offer to constitute acceptance). be unequivocal;Appleby v Johnson (1874) LR 9 CP 158 LawCite.. and in general, be communicated to the offeror.. Silence cannot be requested by the offeror to be, or used by the offeree as a method of communication for acceptance. Rather, if after a reasonable period has lapsed, silence will be seen as a rejection to the offer, unless the offeree's actions objectively show otherwise.
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Although normally administered in conjunction with baptism, in some cases chrismation alone may be used to receive converts to Orthodoxy through the exercise of economia. Although practice in this regard varies, in general, if a convert comes to Orthodoxy from another Christian confession and has previously undergone a rite of baptism in the Trinitarian Formula ("in the Name of the Father, and of the Son, and of the Holy Spirit"), he or she may be received into the Orthodox Church through the sacrament of chrismation, after which receiving the Holy Eucharist. If, however, a convert comes from a Christian confession that baptizes in the name of Jesus (such as Oneness Pentecostals), from one which practices an invalid, non-Trinitarian baptism (such as Mormons or Jehovah's Witnesses) or from one that does not practice baptism at all (such as Quakers or The Salvation Army), baptism is a prerequisite for chrismation—an initiate must always be validly baptized into the death of Jesus in the name of the Holy Trinity before any further holy mysteries or sacraments of initiation can be administered. The use of economia is at the discretion of, and subject to the guidelines imposed by, the local bishop.
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" While refraining from personal indictment of Hirohito, Webb indicated that Hirohito bore responsibility as a constitutional monarch who accepted "ministerial and other advice for war" and that "no ruler can commit the crime of launching aggressive war and then validly claim to be excused for doing so because his life would otherwise have been in danger ... It will remain that the men who advised the commission of a crime, if it be one, are in no worse position than the man who directs the crime be committed." Justice Delfín Jaranilla of the Philippines disagreed with the penalties imposed by the tribunal as being "too lenient, not exemplary and deterrent, and not commensurate with the gravity of the offence or offences committed." Justice Henri Bernard of France argued that the tribunal's course of action was flawed due to Hirohito's absence and the lack of sufficient deliberation by the judges. He concluded that Japan's declaration of war "had a principal author who escaped all prosecution and of whom in any case the present Defendants could only be considered as accomplices" and that a "verdict reached by a Tribunal after a defective procedure cannot be a valid one.
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According to the compilers, in some cases it was unclear in which publication the name was definitely established, so multiple instances can be listed, for example: In other cases, the earliest known publication was deemed by the compilers to be a nomen nudum, resulting in an entry such as the following: In the first of these cases, in the absence of other information, data has been ported into subsequent systems (IRMNG, GBIF) presuming that the earliest cited published instance is valid, i.e. this name is then cited as Aades Schoenherr, 1823 (IRMNG: 1219290; GBIF: 1228684). In the second case, the distinction between the unavailable (nomen nudum) and validly published instance is important both nomenclaturally and taxonomically, and so two records have been created based on the single Nomenclator entry, namely one for Ablabera Dejean, 1833 (listed as a nomen nudum: IRMNG 1396991, GBIF 7538591) plus another for Ablabera Erichson, 1847 (IRMNG 1232986, GBIF 1050104). From the above examples it is clear that, although lacking some desirable supplementary information, the set of over 340,000 original Nomenclator records provides a huge foundation upon which subsequent biodiversity informatics initiatives have built further.
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The irregular situation of priests in the Czech Republic in active ministry, but the validity of whose ordination was in doubt, was largely resolved by 2000 through discussions with the Vatican. On February 2000, the Congregation for the Doctrine of the FaithDeclaration On Bishops and Priests Ordained Secretly in the Czech Republic issued a declaration on the subject, announcing (a) that with regard to celibate priests, a great part (some 50 in all) had accepted the decision of the Pope that they should be conditionally re-ordained, and (b) that a further 22 priests who were married should also be conditionally re-ordained and transferred to the Byzantine-Slav rite as members, for all purposes, of the exarchate of the Czech Republic.Married priests are permitted in the Byzantine rites; see Second Vatican Ecumenical Council, Presbyterorum Ordinis, Decree on the Ministry and Life of Priests, n.16. There remained the status of some of the bishops and priests secretly ordained who had not accepted the norms (for conditional re-ordination) approved by the Pope, specifically because they were convinced they had already been validly ordained.
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The symbol for the biconditional ("↔") signifies the relationship between the propositions is both necessary and sufficient, and is verbalized as "if and only if", or, according to the example "If P then Q 'if and only if' if not Q then not P". Necessary and sufficient conditions can be explained by analogy in terms of the concepts and the rules of immediate inference of traditional logic. In the categorical proposition "All S is P", the subject term 'S' is said to be distributed, that is, all members of its class are exhausted in its expression. Conversely, the predicate term 'P' cannot be said to be distributed, or exhausted in its expression because it is indeterminate whether every instance of a member of 'P' as a class is also a member of 'S' as a class. All that can be validly inferred is that "Some P are S". Thus, the type 'A' proposition "All P is S" cannot be inferred by conversion from the original 'A' type proposition "All S is P". All that can be inferred is the type "A" proposition "All non-P is non-S" (Note that (P → Q) and (~Q → ~P) are both 'A' type propositions).
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On appeal, the court noted the issue to be this: May the parties to a lease validly agree that, as part of his obligation to pay rent, the tenant has to contribute to circumscribed expenditure incurred by the landlord in his discretion? The court held that Benlou Properties' discretion to determine the extent of the respondent's liability under the provisions of clause 8.5 was subject to three qualifications: # that only a defined share (74.4 per cent) of the increased expenditure could be recovered from Vector Graphics; # that such expenditure had actually to be incurred by Benlou Properties, in the sense of an increased contractual liability towards a third party; and # that Vector Graphics was only obliged to contribute to increased expenditure incurred by Benlou Properties after the date of commencement of negotiations in respect of certain specified items. The court noted that the Roman-Dutch authorities regarded a lease in terms of which the rent was to be determined by the lessor or lessee, in his unfettered discretion, as invalid. This, however, was not the situation in casu, inasmuch as Benlou Properties could not, in terms of clause 8.5, unilaterally and simply of its own volition, impose an obligation upon Vector Graphics.
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This dispute reflects that at present, there is no consensus as to the best way to subdivide the Calliphoridae, which many authorities acknowledge is not a natural group (in this case, polyphyletic); the BioSystematic Database of World Diptera, for example, states "The Calliphoridae are marked as a polyphyletic group of convenience as at the present we are unwilling to reduce the Oestridae to a subordinated group within a monophyletic Calliphoridae nor to elevate a number of other groups (Polleniidae, Helicoboscidae, and Bengaliidae) so as to properly delimit both Calliphoridae and Oestridae." Similarly, the dispute at the generic level is that some of Lehrer's genera are paraphyletic, and, additionally, that they are based largely or exclusively upon features of the male genitalia, and it is therefore impossible to identify most female specimens to subfamily, let alone genus (the rejection of Lehrer's subdivisions therefore being both taxonomic and a matter of practicality). The dispute at the species level centers on the fact that Lehrer did not include or examine 24 of the 41 known species in his revision, so of the 31 species he validly described that were not immediately synonymized, many could still potentially be synonyms of these 24 excluded species.
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The monotropes were first described as a distinct plant family by Thomas Nuttall in 1818, when he united the Linnean genus Monotropa with his newly authored genus and species Pterospora andromedea as the family Monotropeae (changed by later authors to Monotropaceae when modern rules of naming plant taxa were developed). David Don was the first to recognize this group as a tribe within the Ericaceae, later raised to subfamily status as the Monotropoideae by Asa Gray in 1878. (However, George Arnott Walker-Arnott was the first to validly publish that name, as a subfamily of Monotropaceae, in 1832, hence, Arnott is cited as author of the name.) Other classifications have included Monotropoideae as a subfamily of Hypopityaceae, by August W. Eichler (1875), and as a subfamily of Pyrolaceae by Carl Georg Oscar Drude (1889); both classifications united the monotropes with the pyrolids in a single group. Over the next century, authors have variously treated this group as a distinct family or as a subfamily of the Ericaceae, though the trend from Margaret W. Henderson (1919) onward was toward the latter subfamily classification, albeit, the influential Cronquist and Dahlgren systems continued to treat the group as the family Monotropaceae, separate from the Ericaceae.
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Paras 53-54, 59. The Court held further that the applicants' constitutional challenge to the validity of the levying of the rates in question by the second respondent (the Eastern Metropolitan Substructure) based on the alleged non-compliance with section 178(2) of the interim Constitution and the challenge to the validity of the budgets of the first and second respondents, based on non-compliance with section 58 of the Local Government Ordinance 17 of 1939 (T), had on an analysis of the facts to fail. The Court held that the rates had been validly imposed.Paras 62-64, 67-71, 73. The Court further held that the imposition of a levy by the first respondent on the second respondent in an amount equal to the budgeted surplus of the second respondent for the financial year ended 30 June 1997, and the use of that levy to meet the deficits in the budgets of the first respondent and two other of the first respondent's metropolitan substructures (the fourth and fifth respondents), could not be justified as "a grant or donation" under section 79(15)(i) of the Local Government Ordinance, as that had not been the decision which the council of the second respondent had taken.
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Public opinion of same-sex marriage in the United States has changed radically since polling of the American people regarding the issue was first conducted in 1988. The issue of same-sex marriage was not brought up as an issue for public debate until at least the 1950s and wasn't a political issue until the 1970s. According to statistician Nate Silver of the poll aggregator FiveThirtyEight, from 1988 to April 2009, support for same-sex marriage increased between 1% and 1.5% per year and about 4% from April 2009 to August 2010. A Pew Research Center poll, conducted from May 21, 2008 to May 25, 2008, found that, for the first time, a majority of Americans did not oppose same-sex marriage, with opposition having fallen to 49%. An ABC News/Washington Post poll, conducted from April 21, 2009 to April 24, 2009, found that, for the first time, a plurality of Americans supported same-sex marriage at 49% and that a majority of Americans supported the marriages of same-sex couples validly entered into in one state being recognized in all states at 53%. A CNN/Opinion Research poll, conducted from August 6, 2010 to August 10, 2010, found that, for the first time, a majority of Americans supported same-sex marriage at 52%.
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This dispute reflects that at present, there is no consensus as to the best way to subdivide the Calliphoridae, which many authorities acknowledge is not a natural group (in this case, polyphyletic); the BioSystematic Database of World Diptera, for example, states "The Calliphoridae are marked as a polyphyletic group of convenience as at the present we are unwilling to reduce the Oestridae to a subordinated group within a monophyletic Calliphoridae nor to elevate a number of other groups (Polleniidae, Helicoboscidae, and Bengaliidae) so as to properly delimit both Calliphoridae and Oestridae." Similarly, the dispute at the generic level is that some of Lehrer's genera are paraphyletic, and, additionally, that they are based largely or exclusively upon features of the male genitalia, and it is therefore impossible to identify most female specimens to subfamily, let alone genus (the rejection of Lehrer's subdivisions therefore being both taxonomic and a matter of practicality). The dispute at the species level centers on the fact that Lehrer did not include or examine 24 of the 41 known species in his revision, so of the 31 species he validly described that were not immediately synonymized, many could still potentially be synonyms of these 24 excluded species.
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