Confiar en tu instinto y seguir lo que dicta tu corazón es intuición.
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Hersey and Wolfe were given to issuing restrictive obiter dicta about nonfiction writing.
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Bush, in 1990—the court, in dicta, rejected claims of broad executive war power.
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Más concretamente: Estados Unidos dicta lo que quiere hacer y México casi siempre acepta.
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"Ella se fue a la choza por decisión propia, porque así lo dicta nuestra cultura".
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That language should be interpreted as hypothetical dicta, not as a rigid blueprint for limiting gun rights.
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Charles Star is a Brooklyn-based lawyer and the host of Mic Dicta, America's best-named legal podcast.
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En cambio, el presidente le dicta tuits a Dan Scavino, el director de redes sociales de la Casa Blanca.
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But navigating a human-filled world means knowing how to bend those dicta, how to negotiate with other drivers, pedestrians, cyclists, and others.
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Gillick's pointillistic historical narrative of contemporaneity is full of fun facts (did you know the Hell's Angels started in 1948?) and untenable dicta.
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As Buzzfeed's Chris Geidner has pointed out, the appellate instruction arguably doesn't bind Judge Robart and other lower-court judges because it was dicta.
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Or maybe the 9th Circuit left enough ambiguity in its dicta about Trump comments to allow lower courts to sift out inapplicable statements by officials.
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This is another entry of our column from the hosts of the legal podcast Mic Dicta breaking down issues knocking around the US legal system.
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The Scalia quote I cited in the previous paragraph is also arguably dicta, since the holding in U.S. Bancorp was limited to cases mooted by settlement.
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Party promoter Susanne Bartsch also kept beating her drum, attracting a conga line of wonderful wackos who defied everything that was going on under Giuliani's dicta.
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Both these arbitrary dicta rested on a similar premise: Gold was about ostentation, silver implied D.I.Y. honesty, and both had to be approached with full knowledge of these implications.
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This is the first of a new column from the hosts of the legal podcast Mic Dicta that will break down the strangest and most interesting court cases knocking around the US legal system.
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Most significantly, in a pair of 2017 rulings in class actions against Petrobras and Barclays, the 2nd Circuit adopted a much tougher rebuttal standard, shunting aside the 83th Circuit's Best Buy analysis as dicta.
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The D.C. Circuit majority found that the first argument was supported only by stray dicta from the Supreme Court – and the second was expressly contradicted by such Supreme Court decisions as Amchem v. Windsor.
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This is the second entry in a new column from the hosts of the legal podcast Mic Dicta that will break down the strangest and most interesting court cases knocking around the US legal system.
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O'Bannon was a monumental shift, because the NCAA had successfully claimed since 1984 that it was immune from antitrust scrutiny due to a few lines of dicta in the Supreme Court's decision in NCAA v.
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Their main gripe has been with Title II regulation, which according to most legal experts, allows the government to regulate rates for broadband internet service in the future, despite its non-binding dicta of forbearance.
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Bush (85033) regarding the right of habeas corpus petitions by enemy combatants held in United States Guantánamo Naval Base in Cuba, the Supreme Court seemed to suggest via dicta the continued validity of the insular cases.
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Aquí la tradición dicta que cualquier mujer que esté menstruando no debe dormir en la casa, sino en el establo o en un refugio hechizo, sin importar el frío que haga ni qué tan peligroso sea.
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En el pasado, participar en elecciones tal como lo dicta la constitución ha movilizado a la gente, ha reunido a una oposición fragmentada en torno a una meta común y ha presionado a los militares para que respalden los resultados.
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"The separate-sovereigns exception originated in ill-considered dicta and solidified through a series of decisions that ignored prior precedents and never meaningfully engaged with the text or original meaning of the Double Jeopardy Clause," he wrote in his brief for the court.
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Welcome back to the column from the legal podcast Mic Dicta breaking down the strangest and most interesting legal battles being waged in the US. To understand how this culture has evolved, you need to understand how cheering works at lower levels.
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It's obvious why the NFL is going after the Times for the Tobacco stuff—which amounts to little more than dicta in a court opinion—and that is because Big Tobacco is radioactive, and they clearly don't have a response to the faulty research.
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Rios-Pineda, in which the parent of two US-born children challenged his deportation order, the Court referred to the children as US citizens by birth — but because the Court didn't make a formal legal finding in this regard, the statement was just dicta, or rhetoric.
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De acuerdo con las leyes federales, no se puede sancionar a las marcas por robar salarios en las fábricas si estas pueden alegar de manera fehaciente que no sabían que la ropa era elaborada por trabajadores que recibían salarios más bajos de lo que dicta la ley.
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Setting aside the bombast and the self-congratulatory dicta, America expects great things from Donald TrumpDonald John TrumpPossible GOP challenger says Trump doesn't doesn't deserve reelection, but would vote for him over Democrat O'Rourke: Trump driving global, U.S. economy into recession Manchin: Trump has 'golden opportunity' on gun reforms MORE.
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Ese modelo deja entrever el horrible secreto que hay detrás del éxito galopante de la empresa: el Departamento Federal del Trabajo ha descubierto que muchas prendas de Fashion Nova son confeccionadas en Estados Unidos por una fuerza laboral a la que se le pagan salarios más bajos de lo que dicta la ley.
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Courts may consider obiter dicta in opinions of higher courts. Dicta of a higher court, though not binding, will often be persuasive to lower courts. The phrase obiter dicta is usually translated as "other things said", but due to the high number of judges and individual concurring opinions, it is often hard to distinguish from the ratio decidendi (reason for the decision). For these reasons, the obiter dicta may often be taken into consideration by a court.
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Anthonii Panhormite, in Alphonsi Regis Aragonum dicta ac facta memoratum digna.
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These rules closely followed the Dicta Boelcke; for instance, Rule 5's "Always turn and face the attack" could have been lifted from the Dicta. Malan's Rules were distributed throughout the Royal Air Force.Douglas Tidy, "Biographies", Retrieved 22 January 2019. The simple Dicta Boelcke manual has, over time, evolved into widespread use of tactics, techniques, and procedures manuals for air forces worldwide.
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He declined to express an opinion on Lord Denning's dicta. Cairns LJ concurred.
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Barbauld's revisions constitute a methodical and quite radical intervention in authoritative Johnsonian dicta on novels and their readers.
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1830 version of Facta et dicta memorabilia Factorum ac dictorum memorabilium libri IX ("nine books of memorable deeds and sayings", also known as De factis dictisque memorabilibus or Facta et dicta memorabilia) by Valerius Maximus (c. 20 BCE – c. CE 50) was written around CE 30 or 31.Walker, p.
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But the > detainee is not obliged to respond.' Berkemer v. McCarty, (emphasis > added).... the Court's statement in Berkemer, while technically dicta, is > the kind of strong dicta that the legal community typically takes as a > statement of the law. And that law has remained undisturbed for more than 20 > years.
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Denham J disavowed the dicta in Furey reasoning the time difference in both cases in her judgement: "These words were obiter dicta. Further, they appear in a judgement where the delay was one of four years. That is of an entirely different magnitude to the delay in this case of 29 years" The obiter dicta was not enough to persuade the court that there was a wrongful conviction". Fennelly J agreed: "In the nature of things a short delay might require only slight explanation.
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In dicta, Dred Scott v. Sandford made several comments regarding aboriginal title.Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857).
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The best of Phil Drake's offspring was Dicta Drake, who won the Coronation Cup and the Grand Prix de Saint-Cloud.
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The first notes Fennigia specialiter dicta and Fennigia presse dicta were recorded in Latin in the 1650s and the Swedish Finland för sig sielft and Egenteliga Finland later in the 18th century the modern form Egentliga Finland being in official use at the end of the century. The Finnish term Varsinais-Suomi became established only around the 1850s.
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Scottish decisions (and decisions from the USA and common law jurisdictions in the Commonwealth) are, like obiter dicta, merely persuasive in England.
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United States Court of Appeals, Eleventh Circuit case, “Software distributed pursuant to [the GPL] is not necessarily ceded to the public domain” (dicta).
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Stare decisis applies to the holding of a case, rather than to obiter dicta ("things said by the way"). As the United States Supreme Court has put it: "dicta may be followed if sufficiently persuasive but are not binding".Central Green Co. v. United States, 531 U.S. 425 (2001), quoting Humphrey's Executor v. United States, 295 U. S. 602, 627 (1935).
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Kjwan is a Filipino hard rock band formed in 2003 by former Sandwich guitarist and lead vocalist Marc Abaya and Dicta License bassist Kelley Mangahas.
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Federal Power Commission v. Tuscarora Indian Nation, 362 > U.S. 99, 119–20 (1960). This dicta inspired Oneida Indian Nation of N.Y. State v. Oneida Cnty.
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In compound affixes, the numeral two is represented by do- except when it forms part of the numbers 20 (icosa-), 200 (dicta-) or 2000 (dilia-).
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Ecce completa sunt omnia, quae dicta sunt per Angelum de Virgine Maria. :Behold, all things are fulfilled, which were spoken by the Angel to the Virgin Mary.
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His compositions included Angoscia (1954), the first Finnish dodecaphonic orchestral work, Trittico sinfonico (1958), and Aurea dicta (1959). He is buried in the Hietaniemi Cemetery in Helsinki.
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Birrell found success as a writer with the publication of a volume of essays entitled Obiter Dicta in 1884. This was followed by a second series of Obiter Dicta in 1887 and Res Judicatae in 1892. These, despite their titles, were not concerned with law, but he also wrote books on copyright and on trusts. Birrell wrote, and spoke, with a characteristic humour which became known as birrelling.
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The majority had read the Convention too narrowly, and footnote 19, far from being dicta, "was critical to the Court's reasoning and the outcome of the case. Merely because the Court did not find a prospective waiver there does not make that language—forming part of the Court's core reasoning—dicta." If it were, she observed, the Court would have said so in Vimar and Pyett.Lindo, at 1288, 1294.
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Taylor v. Taintor, 83 U.S. (16 Wall.) 366 (1872), was a United States Supreme Court case. It is commonly credited as having decided that a person to whom a suspect is remanded, such as a bail bondsman, has sweeping rights to recover the suspect. However, this is erroneous, since the commonly cited portion of the case, obiter dicta, has no binding precedential value (although dicta can have persuasive value).
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Each distinction or question contains dicta Gratiani, or maxims of Gratian, and canones. Gratian himself raises questions and brings forward difficulties, which he answers by quoting auctoritates, i. e. canons of councils, decretals of the popes, texts of the Scripture or of the Fathers. These are the canones; the entire remaining portion, even the summaries of the canons and the chronological indications, are called the maxims or dicta Gratiani.
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Originally described as Colias species felderi Grum- Grshimailo, 1891 "in regione Amdo dicta, in montibus ad Sinin". It was accepted as a species by Josef Grieshuber & Gerardo Lamas.
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A previous case, McNeil v. Wisconsin, had addressed the break in custody in dicta but not as part of the decision. Maryland v. Shatzer, 559 U.S. ___ (2010) (No.
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Urbs beata Jerusalem dicta pacis visio is the first line of a 7th or 8th- century hymn sung in the Office of the Dedication of a Roman Catholic church.
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Additionally, the Court mentioned in dicta that involuntary blood samples may violate the constitution if officers do not provide "every proper medical precaution" to the accused.Breithaupt, 352 U.S. at 438.
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But rather than being firmly grounded in deeply rooted principles, that consensus stems from a series of ill-considered dicta…the current consensus that the court describes is one of its own making. It depends almost exclusively on the dicta in the Courts’ opinions in Holbrook, Estelle and Allen.” In Deck's case, Thomas believes that due process does not “place limits” on shackling because there is a difference between an accused man and a convicted man.
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The Court agreed that much of the holding in Carr v. United States was dicta, and could not be relied upon by the government.United States v. Lee, 106 U.S. 196, 216-217.
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In general usage, a dictum ( in Latin; plural dicta) is an authoritative or dogmatic statement. In some contexts, such as legal writing and church cantata librettos, dictum can have a specific meaning.
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Previous dicta from McGee v. Attorney General, G. v. An Bord Uchtála and Norris v. Attorney General indicated that notwithstanding the explicit positive law constitutional ban on abortion, even if Article 40.3.
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These fortunes often include rude humor and profanity, personal attacks, and controversial comments about religion. Sometimes they are provided by another package, however as of FreeBSD 10.0 the offensive dicta have been removed completely. The exact fortunes vary between each type of Unix, however there seems to be a strong overlap between the FreeBSD and OpenBSD fortune files. The Plan 9 fortune files seem to be much shorter, with many just on 1 line, and the 'offensive' dicta is much stronger.
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For instance, Jasta 2 was credited with 46 victories for the month of September 1918. When the next logical step was taken by the Germans in organizing fighter squadrons into a wing in June 1917, Richthofen was picked to lead it. Before his death on 21 April 1918, he wrote his own Dicta for wing tactics; it referred extensively to Boelcke's Dicta. During the early days of World War II, South African ace Sailor Malan espoused his Ten Rules for Air Fighting.
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By this he exasperated the later Emperor Julian, who preferred the mysticism of Maximus and Chrysanthius. Stobaeus collected a number of ethical dicta of one Eusebius, who may perhaps be identical with the Neoplatonist.
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More than once, in dicta, the Court cited the purchase of aboriginal title in New Jersey.Jefferson Branch Bank v. Skelly, 66 U.S. (1 Black) 436, 447 (1861); Piqua Branch of State Bank of Ohio v.
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The Legal & Literary Society, Osgoode Hall Law School's official student society, coordinates student activities both on and off campus. The organization also funds over fifty student clubs, as well as the student newspaper, Obiter Dicta.
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26, 1804, § 2, 2 Stat. 290, 290.) In dicta in Coombs, Justice Story explained that this provision (which he had penned) "is also derived from the power to regulate commerce."Coombs, 37 U.S. at 82.
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Air combat tactical manuals based on the Dicta Boelcke have become more elaborate over time, and have become a mainstay for NATO's air combat training of American, German, Dutch, Norwegian, Turkish, Italian, and Greek fighter pilots.
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A litigant may also consider obiter dicta if a court has previously signaledCoale & Couture, Loud Rules, 34 Pepperdine L. Rev. 3 (2007). that a particular legal argument is weak and may even warrant sanctions if repeated.
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In Robertson v. Baldwin, , the Supreme Court stated in dicta that "the right of the people to keep and bear arms (Art. II) is not infringed by laws prohibiting the carrying of concealed weapons."Robertson, at 281.
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428; Heraclea Trachin dicta, Plin. Nat. 4.7. s. 14; H. Φθιώτιδος, Ptol. 3.13.46. was a colony founded by the Spartans in 426 BC, the sixth year of the Peloponnesian War. It was also a polis (city-state).
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To add to the confusion, in dicta in United Steelworkers v. Weber,, the Supreme Court explicitly said that a collective bargaining agreement does not involve state action: "Since the Kaiser-USWA plan does not involve state action, this case does not present an alleged violation of the Equal Protection Clause of the Fourteenth Amendment." ; see also . Yet, although the Court went to great lengths to identify the similarities between the RLA and NLRA in Beck, the Court (in dicta) refused to decide whether state action had occurred under the NLRA.
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Justice Felix Frankfurter filed a concurring opinion in which he disagreed with the majority's explicit rejection of the lower court's ruling that the Government could not challenge patent validity. He argued that the Court should not opine on that in obiter dicta since it was unanimous that "the arrangements challenged by the Government as violative of the Sherman Law cannot find shelter under the patent law, howsoever valid the patents of the defendants may be." He insisted, "Deliberate dicta, I had supposed, should be deliberately avoided."333 U.S. at 402.
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Ridden by Piggott he started at odds of 9/2. He took the lead a furlong and a half from the finish and won by three quarters of a length from Bounteous with the favourite Dicta Drake in third.
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Paghilom (Eng: Breathe) is Dicta License's first LP album under Warner Music Philippines and was released last November 12, 2005. The album has an evident socio-political theme that speaks mostly to the youth about evident issues in the Philippines.
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Footnote 19, she wrote, was "indisputably dicta".Lindo, 1277–1280. Rosemary Barkett, a member of the original Thomas panel, dissented. "I do not believe that Lindo must needlessly wait until after arbitration to raise his public policy argument," she wrote.
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Mowbray has suggested that the court may have been influenced in its decision by the doubts expressed by some of the Obiter dicta of the domestic proceedings which expressed doubts about the durability of the armed forces policy towards homosexuals.
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The House of Lords held that a reasonable seller in the circumstances would have had good cause to assume that the buyer agreed to the term, hence rejecting Lord Devlin’s McCutcheon dicta that previous dealings needed to prove actual knowledge.
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The Chng Suan Tze decision is more notable for the issues that the Court of Appeal discussed obiter dicta, having already allowed the appeals on the ground that the respondents had not discharged their burden of proving the President's satisfaction.
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As a result, Brennan was able to make his unsupported assertions in his Cone dicta, which the appellees preparing for Southland took as a settled matter of law and didn't contest much in their arguments, leading to an erroneous holding in that case.
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The Allies quickly developed their own synchronization gears, leading to the birth of aerial combat, more commonly known as dogfighting. Tactics for dogfighting evolved by trial and error. The German ace Oswald Boelcke created eight essential rules of dogfighting, the Dicta Boelcke.
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Mason (1854), another dispute between non-Indians, remarked in dicta that the Half-Breed Tract had been held "by the same title, and in the same manner, that other Indian titles are held."Coy v. Mason, 58 U.S. (17 How.) 580, 580 (1854).
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"The Liability of an Employer for the Wilful Torts of his Servants," Chicago-Kent Law Review. In 1698 the doctrine was mentioned in dicta by Lord Holt in the English case of Jones v. Hart, 2 Salk 441, 90 Eng. Rep. (K.B. 1698).
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In South Carolina v. Baker (1988), the Court said in dicta that an exception to Garcia would be when a state lacked "any right to participate" in the federal political process or was left "politically isolated and powerless" by a federal law.
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Francis Magalona & The Hardware Syndrome, Parokya Ni Edgar, Gloc-9, Dicta License, PiKaSO, and Dice & Mobbstar are also participants in the said event. Heartist Foundation Inc. is another collaborative effort between Ely Buendia and Francis Magalona that aims to help Filipino artists with health problems.
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He versified the Facta et dicta memorabilia of Valerius Maximus.E. R. Curtius, European Literature and the Latin Middle Ages, English edition p.60. His range was from comic tales to hagiography, with a Miracles of Saint Benedict.Miracula Benedicti auctore Radulfo Tortario, in the Patrologia Latina.
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Pliny, Epistulae 5.3.5, Latin text at The Latin Library. Caesar's Dicta Collectanea, a collection of his memorable quotations, is assumed to have contained quotations from his verse as well as prose works.Gian Biagio Conte, Latin Literature: A History (Johns Hopkins University Press, 1994), p.
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In Ribnik v. McBride, 277 U.S. 350 (1928), the Court struck down a similar New Jersey law attempting to regulate agencies, Justices Stone, Brandeis and Holmes dissenting. This is probably no longer good law. Doubt was placed on the leading dicta of Adams v.
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28 U.S.C. § 1295(a)(1). Another issue is what is enforcement—must there be an actual infringement suit or is a threat to a competitor or its customer sufficient?Some lower courts have suggested, in dicta, that threats of enforcement are enough. See, e.g.
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Hauptmann (Captain) Oswald Boelcke, author of the Dicta Boelcke The Dicta Boelcke is a list of fundamental aerial maneuvers of aerial combat formulated by First World War German flying ace, Oswald Boelcke. Equipped with one of the first fighter aircraft, Boelcke became Germany's foremost flying ace during 1915 and 1916. Because of his success in aerial combat and analytic mind, he was tasked by Colonel Hermann von der Lieth-Thomsen with writing a pamphlet on aerial tactics. Completed in June 1916, it was distributed throughout the German Army's Air Service (Die Fliegertruppen des Deutschen Kaiserreiches), some two years before the French and British militaries followed suit with their own tactical guides.
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His reassignment was in line with the German military doctrine of auftragstaktik, or order tactics: The belief that the junior officer on the battlefield best knows the tactics needed there. As part of his staff duties revamping the Fliegertruppe into the Luftstreitkräfte (Air Force) in early October 1916, Boelcke wrote the Dicta, which was then distributed throughout the Luftstreitkräfte as the world's first tactical manual. It was two years before the British and French followed suit in 1918. Spurred by the example of the Dicta, many of the world's military air forces would eventually develop their own tactical manuals, codified as tactics, techniques, and procedures.
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Page from an incunable of Valerius Maximus, Facta et dicta memorabilia, printed in red and black by Peter Schöffer (Mainz, 1471) Valerius Maximus () was a Latin writer and author of a collection of historical anecdotes: Factorum ac dictorum memorabilium libri IX ("Nine books of memorable deeds and sayings", also known as De factis dictisque memorabilibus or Facta et dicta memorabilia). He worked during the reign of Tiberius (14 AD to 37 AD). During the Middle Ages, Valerius Maximus was one of the most copied Latin prose authors, second only to Priscian. More than 600 medieval manuscripts of his books have survived as a result.
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The species name refers to the colouration of the species and is derived from Greek near and Latin dicta, from dico (meaning marked)., 2011: Systematic and faunistic data on Neotropical Tortricidae: Phricanthini, Tortricini, Atteriini, Polyorthini, Chlidanotini (Lepidoptera: Tortricidae). Shilap Revista de Lepidopterologia 39 (154): 161-181.
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The case is noted for the dissent written by Justice Holmes, specifically his dicta on the nature of the common law: :The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified.
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Plutarch does not mention the quote in his Parallel Lives. Valerius Maximus (Facta et dicta memorabilia, Book VIII.7) attests the Latin form "noli ... istum disturbare" ("I ask you not to disturb that sand"). Valerius' is the only version of the phrase that survives from antiquity.
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The Review speculated that "these dicta imply that the independently existing work can have the shape and look of the article, evoke the same concepts, and even perform the same function and still be separable," and therefore be copyrightable. Indeed, a 2018 district court case, Silvertop Assocs.
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Lavtižar was born in the village of Srednji Vrh in Upper Carniola. He was ordained on August 3, 1845 in Ljubljana,Acta et Dicta, vol. 5. 1917. St. Paul, MN: Catholic Historical Society of St. Paul, p. 240. after which he worked in Trebelno and Dobrova.
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Justice Kennedy also mentioned in dicta that, absent consent, officers likely had reasonable suspicion to conduct a Terry stop.Drayton, 536 U.S. at 207–08. Consequently, Justice Kennedy ordered the case to be remanded to Eleventh Circuit for reconsideration in light of the Supreme Court's decision.Drayton, 536 U.S. at 208.
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By 1916, aerial combat had already progressed to the point where dogfighting tactics based on such doctrines as the Dicta Boelcke allowed air supremacy to be achieved. During the course of the war, new designs led to air supremacy shifting back and forth between the Germans and Allies.
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Judicial independence would later be extended under the Provincial Judges Reference of 1997, which followed Valente in stating that judges should enjoy administrative independence; however, this meant overturning obiter dicta in Valente that judicial salary commissions were not needed to ensure a salary is free of political manipulation.
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Terry, 392 U.S. at > 34. With regard to the lack of obligation to respond when detained under circumstances of Terry, this opinion came to be regarded as persuasive authority in some jurisdictions, and the Court cited these remarks in dicta in Berkemer v. McCarty, , at 439. However, in Hiibel v.
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The dicta in question are R v. Waite [1892] 2 QB 600, 61 LJMC 187 and R v. Williams [1893] 1 QB 320, 62 LJMC 69 A woman could not commit rape as a principal offender, by the nature of the offence, but she could commit rape as an accomplice.R v.
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The words of Bach's cantatas, almost always entirely in German, consist mostly of 18th-century poetry, Lutheran hymns and dicta. Hymns were mostly set to their Lutheran chorale tune. His chorale cantata cycle contains at least 40 chorale cantatas, each of these entirely based on text and tune of such hymn.
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Managed by Fred Downer, they compiled a 7-14-1 record against league and other associate clubs. The Keystones joined the league as full members in 1922, finishing sixth with a 14-23-2 record in league play under managers Dizzy Dismukes and Dicta Johnson. The team disbanded after the season.
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This was done to facilitate the Bureau in targeting mid-level proceeds of crime. This Irish model, including the Irish legislation, the innovative multi-agency Criminal Assets Bureau approach, as well as judicial dicta, has played a central role in the expansion of the non-conviction based approach across the common law world.
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2014) (noting in dicta that access to a caller's information does not "necessarily increase the likelihood that a tip is reliable"). However, some courts have agreed with the notion that 911 calls are more reliable because callers may face criminal prosecution for making false reports.Dale v. Ciccone, 233 W. Va. 652, 661 (2014).
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My role in all this is to set > the agenda and then to prod and provoke when necessary – definitely not to > hand down obiter dicta. Though his belief in moral science has not been adopted by the greater community of historians, he retains the respected reputation that he enjoyed among his contemporaries.
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DICTA 93, Macquarie University. p.666-673 Watermarks are identification marks produced during the paper making process. The first watermarks appeared in Italy during the 13th century, but their use rapidly spread across Europe. They were used as a means to identify the paper maker or the trade guild that manufactured the paper.
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Müllenhoff and Scherer in Denkmäler deutscher Poesie und Prosa No. LXXXI); a later translation (12th century) has been edited by Lauchert in Geschichte des Physiologus (pp. 280–99); and a rhymed version appears in Karajan, Deutsche Sprachdenkmale des XII. Jahrhunderts (pp. 73–106), both based on the Latin text known as Dicta Chrysostomi.
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Denis the Carthusian wrote two treatises to refute Islam at the request of Nicholas of Cusa, Contra perfidiam Mahometi, et contra multa dicta Sarracenorum libri quattuor and Dialogus disputationis inter Christianum et Sarracenum de lege Christi et contra perfidiam Mahometi.both in vol. 36 of the Tournai edition, pp. 231–42 and 443–500.
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She accused her colleagues of "effectively transform[ing] the enforcement of international arbitration agreements into the top U.S. public policy" by treating footnote 19 as dicta. "[T]here is nothing to suggest that the political branches ever intended such a result ... I believe the Supreme Court meant what it said in Mitsubishi."Lindo, 1297.
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Co., the court held that the Supreme Court had only held post-sale restrictions invalid in price-fixing and tie-in cases, and therefore the general language outlawing post-sale restrictions was merely obiter dicta that could be ignored. The Federal Circuit reaffirmed this doctrine in 2016 in Lexmark Int'l, Inc. v. Impression Prods., Inc.
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It noted that in 1800, when concerns for state sovereign immunity ran fervent, Congress, with no recorded objection, gave federal courts power to release debtors from state prison through the writ of habeas corpus. In coming to its conclusion, the Court declined to follow dicta in Seminole Tribe v. Florida suggesting a contrary result.
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"Cimon and Pero" by Hans Sebald Beham "Roman Charity" by Peter Paul Rubens 1612 Roman Charity (or Caritas Romana)Valerius Maximus: Facta et dicta memorabilia, chapter: 5,4 De pietate in parentes.; English translation: Valerius Maximus, Memorable Doings and Sayings, ed. by D. R. Shackleton Bailey (Harvard University Press, 2000), vol. 1, book v, no.
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Involved a federal grand jury indictment against civil rights workers and the refusal by a US attorney to sign the indictment. The Fifth Circuit held that the US attorney's signing or withholding of his signature was within prosecutorial discretion and could not be coerced by the courts. See also the dicta in US v.
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Wade despite its emphasis on stare decisis, Chief Justice Rehnquist in dissent argued that this section was entirely obiter dicta. All these opening sections were joined by Justices Blackmun and Stevens for the majority. The remainder of the decision did not command a majority, but at least two other Justices concurred in judgment on each of the remaining points.
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But the circuit court in Lee held that much of the decision in Carr was dicta, and reaffirmed the jury decision.Chase, 1930, p. 192. Two appeals were made to the U.S. Supreme Court. The first was by the United States government itself, while the second was made by the government on behalf of Kaufman and Strong.
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For these reasons, it was strongly suggested that the government establish judicial salary commissions, thus overruling obiter dicta in the previous landmark judicial independence case, Valente v. The Queen, which had found such commissions were desirable but not necessary. In this case, it was noted commissions could guard against manipulation by both the executive and legislatures.
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Chief Justice Taney was not present at the opinion announcement for Fellows because he was at home working on the Dred Scott opinion, which was announced the next day.Armstrong, 1990, at 60. Dred Scott, in dicta, opined the following on aboriginal title: > The situation of [blacks] was altogether unlike that of the Indian race. The > latter . . .
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In 2002, a federal district court concluded in Kampfer v. Vonderheide that private prosecutions were barred under New York law as a violation of the defendant's due process rights. However, in Kampfer the court distinguished, in dicta, private prosecutions where there is an "underlying civil cause of action" in relation to the events which gave rise to the prosecution.
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On appeal, he was the plaintiff in Worcester v. Georgia (1832), a case that went to the United States Supreme Court. The court held that Georgia's law was unconstitutional. Chief Justice John Marshall defined in his dicta that the federal government had an exclusive relationship with the Indian nations and recognized the latter's sovereignty, above state laws.
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The incorporation status of the Excessive Bail Clause is unclear. In Schilb v. Kuebel, 404 U.S. 357 (1971), the Court stated in dicta: "Bail, of course, is basic to our system of law, and the Eighth Amendment's proscription of excessive bail has been assumed to have application to the States through the Fourteenth Amendment." In Murphy v.
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Map of the Altstadt with Lichtenstein House, around 1370 The Lichtenstein House was first mentioned in two official certificates in 1326.Johann Friedrich Boehmer, Friedrich Lau: Urkundenbuch der Reichsstadt Frankfurt. J. Baer & Co, Frankfurt am Main 1901–1905, Band II, Urkunde Nr. 291, 12. Februar 1326: […] de domo dicta Lithinstein [...]Johann Friedrich Boehmer, Friedrich Lau: Urkundenbuch der Reichsstadt Frankfurt.
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The bulk of his concurring opinion endorsed the importance of dicta in guiding lower courts. Justice Kennedy also agreed that prior cases would apply generally to spectator behavior, but didn't find the precedent necessary to indicate that the buttons were coercive or intimidating to the defendant. He endorsed the future creation of such a precedent to clarify matters.
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The > Englishman could not help falling. But the jamming of my gun nearly robbed > me of my success. My opponent fell, shot through the head, one hundred and > fifty feet behind our line. Despite the German's early lead in combat tactics and their 'Dicta Boelcke', the Allies were not slow to adapt and develop their own tactics.
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The Court also ruled, in obiter dicta, that the United States had standing to challenge the validity of patents when a patentee relied on the patents to justify its fixing prices. It held in this case, however, that the defendants violated the antitrust laws irrespective of whether the patents were valid, which made the validity issue irrelevant.
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At different times the Hon. Secretary, Treasurer and Vice-President of the Philatelic Society of India (1897-1909). He was also Curator of the Indian National Stamp Collection at Victoria Museum, Calcutta. While in India, Corfield wrote topical verses under the pen name Dâk dicta which appeared in the Indian press, Dak being the Hindi equivalent of "post office".
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His serialisations were also syndicated in the United States and Australia. In addition to fiction, Biss wrote articles about motoring. His work was published in The Times, the Evening Standard, the Evening News, The Observer, the Daily Mail, The Sketch and Vanity Fair. In 1909 he published a book called Motoring Dicta, a compendium of his newspaper articles.
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Gospel reading. In the Stowe Mass, this is St. John vi, 51–57. This begins in Moel Caich's hand on an inserted sheet and ends in the original hand. The tracts say that the Gospel was followed by the "Alloir", which Dr. Stokes translates "Alleluia", but Macgregor takes to mean "blessing" and compares with the Per evangelica dicta, etc.
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Phang Chin Hock, p. 73. The Indian Constitution was drafted by a constituent assembly representative of the Indian people in territorial, racial and community terms,. while both the Malaysian and Singapore Constitutions were enacted by ordinary legislatures. The basic structure doctrine was first cited with approval by the Federal Court in obiter dicta in Sivarasa Rasiah v.
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1890 appearance of the town hall, before the 1940-42 renovation. The first town hall of the city of Bern was built at Nydeggstalden. Known as the Burger Hus and the domus dicta die helle it was probably replaced by the new town hall around 1355. Between 1402 and its destruction in the great fire of 1405 it was privately owned.
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C.N.D. Cal. 1887) (denying a motion to quash because the former District of California was preserved for past offenses, but stating in dicta that "it is plain that a jury of the Northern district could not try an offender who has committed a crime while the district comprised the whole state, neither could a jury of the Southern district try him").
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In the 1860s he moved to the Birmingham area and he is listed in the 1871 census as an artist in watercolours. There he contributed cartoons to the long-running Birmingham journal, the Town Crier, edited by his friend Wilmot Corfield.Corfield, W. (1910) Dâk dicta: a selection from verses written in Calcutta, 1907-1910. Calcutta: Thacker, Spink & Co., p. iii.
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Jenks urged the court to look to its earlier ruling in Crow Dog, where the Court commented in dicta that Congress possessed the authority to regulate all commerce with Indian tribes, because of the Indian Commerce Clause Art. I, § 8, cl. 3. of the Constitution. In his listing of precedents, he cited numerous laws passed by Congress regulating Indian commerce;, at 70–71.
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1928 only to find Eliot extending his criticisms in another review in The Criterion.Eliot, T. S., 'Mr Lucas's Webster ', The Criterion, June 1928, pp.155-158 Lucas counter-attacked in his 1929 essay 'Modern Criticism',Lucas, F. L., 'Criticism', Life and Letters Nov. 1929, reprinted in his Studies French and English (1934) ridiculing Eliot's literary-critical obiter dicta and hieratic tone.
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The Denver University Law Review is a law journal published by the students of the University of Denver Sturm College of Law. It was established in 1923 as the Denver Bar Association Record. In 1928, the journal was renamed Dicta and in 1968 it was renamed Denver Law Center Journal. The journal changed its name to Denver University Law Review in 1985.
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Georgia is considered one of the most important dicta in law dealing with Native Americans. Jackson ignored the Supreme Court's ruling, as he needed to conciliate Southern sectionalism during the era of the Nullification Crisis. His landslide reelection in 1832 emboldened calls for Cherokee removal. Georgia sold Cherokee lands to its citizens in a Land Lottery, and the state militia occupied New Echota.
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He is best known for his work, "Summa casuum conscientiae, aurea armilla dicta". This work, which was dedicated to Catalano Trivulzio, Bishop of Piacenza, went through many editions, including those of Antwerp (1591) and Lyons (1594). It contained, in brief and compendious form, a digest of all similar explanations since the thirteenth century. He gives a clear case against probabilism.
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Also in 1718, Gildon switched literary sides in Complete Art of Poetry, which he dedicated to the Duchess of Buckingham. In it, he reiterated Rymer's dicta of neo-classicism, which he had disapproved of earlier in his career, with Dryden. By 1719, Gildon was blind and in great poverty. Alexander Pope suggested, in his correspondence, that the blindness was due to syphilis.
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Corfield was born in Birmingham in 1859 and educated at King Edward's School. His mother was Jemima Corfield (nee Randell) who died in 1862. Subsequently, he was the editor in that city of Ye Manual, Birmingham Town Crier and Birmingham Faces and PlacesCorfield, W. (1910) Dâk dicta: a selection from verses written in Calcutta, 1907-1910. Calcutta: Thacker, Spink & Co., p. iii.
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Alexander of Canterbury (fl. 1120) was an English monk of Christ Church, Canterbury. He is known as the author of a work, Dicta Anselmi archiepiscopi, which has been also ascribed to Eadmer. He was employed as a messenger from the Countess Matilda to St. Anselm, and was sent by St. Anselm to Pope Paschal II for his instruction on various points.
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Both Isaacs and Higgins were also members of Parliament, however each maintained a practice as a barrister at the Victorian Bar, witand each appearing in Wollaston's case. The Full Court, Madden CJ, à Beckett & Hodges JJ, decided to follow their earlier decision in Wollaston's case, holding that "As to the applicability of the United States cases, the opinions of the learned Judges in D'Emden v Pedder which apparently lean towards such applicability are merely dicta, and incomplete dicta at that, and we do not regard them therefore as binding upon us." The Court noted the issue as to the ultimate court of appeal, stating that the Privy Council was "at least a concurrent Court of ultimate appeal with the High Court", and the final ascertainment of the law on the matter would depend on the relation of one Court to the other..
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The United States, under the tenure of Chief Justice John Marshall, became the first jurisdiction in the world to judicially acknowledge (in dicta) the existence of aboriginal title in series of key decisions. Marshall envisioned a usufruct, whose content was limited only by "their own discretion," inalienable except to the federal government, and extinguishable only by the federal government.Johnson v. M'Intosh, 21 U.S. 543, 573 (1823).
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61 (2000). In dicta, Justice Miller's opinion in Slaughterhouse went so far as to acknowledge that the "right to peaceably assemble and petition for redress of grievances ... are rights of the citizen guaranteed by the Federal Constitution," although in context Miller may have only been referring to assemblies for petitioning the federal government.Slaughter-House Cases, 83 U.S. 36 (1873). In the 2010 landmark case McDonald v.
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Kevin Wormald (Alto Hospicio, Iquique, 1996), is a Chilean weightlifter who currently competes in the -85 kg and -93 kg category. He started competing in 2010, being the 5th best athlete nationwide in the -56 kg category and under the tutelage of prominent lifter Cristián Escalante.Campeón dicta clases de halterofilia La Estrella de Iquique, Viernes 17 de diciembre de 2010. Consultado el 4 de junio de 2018.
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281–285 Meanwhile, some scholars has disclaimed the theory of Syrian being derived from Assyrian as "simply naive", and detracted its importance to the naming conflict.Festschrift Philologica Constantino Tsereteli Dicta, ed. Silvio Zaorani (Turin, 1993), pp. 106–107 Rudolf Macuch points out that the Eastern Neo-Aramaic press initially used the term "Syrian" (suryêta) and only much later, with the rise of nationalism, switched to "Assyrian" (atorêta).
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Shaw, R. (1985) Fighter Combat, pp. 166–167. With the introduction of infrared homing air-to-air missiles, the use of the sun by the pilot was used to confuse the missile guidance system.Shaw, R. (1985) Fighter Combat, p. 59. The advantages of the sun position were realised early in the history of aerial warfare and is included in the first rule of the Dicta Boelcke.
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No wife or offspring are mentioned in the will. Caxaro had willed that he be buried in the Dominican newly built church at Rabat, as eventually happened.Explicit reference is made regarding the execution of Caxaro’s desire in the archives of the Dominicans at Rabat, Ms. 321, Giuliana Antica, I, f. 83v (January 28, 1497): “… in dicta Ecclesia et Cappella, in qua est defunctus dictus quondam Notarius Petrus …”.
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A boy under the age of fourteen years could commit rape as an accomplice.R v. Eldershaw (1828) 3 C & P 396 It was never decided whether a boy under fourteen could be convicted of attempting to commit rape as a principal, rather than an accomplice, if he attempted to have sexual intercourse or actually succeeded in doing so. The reported dicta did not agree on this point.
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Radford had an interest in literature and published occasional verses and essays. In 1894 he wrote Shylock and Others a selection of eight literary studies (published by T Fisher Unwin) and in 1917 he published Verses and Versicles (T Fisher Unwin). But he also had an interest in Shakespeare. In 1884, the Liberal politician Augustine Birrell published a collection of essays entitled Obiter Dicta (Elliot Stock).
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However, Justice Clark also cautioned in dicta that "indiscriminate taking of blood under different conditions or by those not competent to do so" may rise to the level of "brutality" set forth in Rochin.Breithaupt, 352 U.S. at 437-38. If law enforcement and physicians do not provide "every proper medical precaution" to the accused, the extraction may violate the constitution.Breithaupt, 352 U.S. at 438.
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On August 28, 2011, Jayson Fernandez left Rivermaya after 4 years with the group citing musical differences as the primary reason. Paolo Valenciano (son of Gary Valenciano) of Salamin, Pochoy Labog of Malay and Dicta License, and Vinci Montaner of Parokya ni Edgar are among the notable personalities who simultaneously filled in as temporary lead vocalists for some occasional gigs weeks after Fernandez's departure.
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Jose is known for his ethical dicta, which are characteristic, and in which he laid special stress on the study of the Torah.Compare Avot 4:6 A series of Jose's ethical sayingsIn Shabbat 118b shows his tendency toward Essenism. As has been said above, Jose was opposed to disputation. When his companion Judah desired to exclude Meïr's disciples from his school, Jose dissuaded him.
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Taylor stocked the ABCs with his brothers Ben, John, and Jim, all among the best African-American players in baseball. Taylor was a noted judge of young talent; some of the well-known players he brought to the big time included center fielder Charleston, second baseman Bingo DeMoss, third baseman-outfielder Dave Malarcher, outfielder George Shively, and pitchers Dizzy Dismukes, Jim Jeffries, and Dicta Johnson.
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Knox J held that if the claimants were a minority even after the wrongdoers were taken out of the equation, then there is no right to sue, even with a Foss v Harbottle exception. Independence is a question of fact. He followed Burland v Earle in Lord Davey’s dicta that shareholders cannot have a bigger right to sue than the company with its procedural and substantive limitations.
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Boelcke was detailed to share his expertise with the head of German military aviation. What had been known previously as the Deutsches Heer's Fliegertruppen des deutschen Kaiserreiches was being reorganized into the Luftstreitkräfte in mid-1916; this reorganization was inspired by Boelcke. At this time, Boelcke codified his Dicta. He also shared his views on creation of a fighter arm, and the organization of fighter squadrons.
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The only complete edition of the Dicta Candidi is in Hauréau. There is a more critical edition of a portion of it in Richter. Candids-Wizo, not Bruun Candidus of Fulda, is also the author of an Exposition Passionis D.N.J. Chr. and of a letter concerning the question, Quod Christus dominus noster, in quantum homo fuit, cum hic mortalis inter mortales viveret, Deum videre potuisset.
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In the UK there are conflicting obiter dicta in "The Rafaela S" [2003] 2 Lloyd's Rep. 113 and "The Happy Ranger" [2002] 2 AER (Comm) 23, so the matter must remain unclear even though there are serious problems, for example, arising from the everyday occurrence of cargo being discharged against letters of indemnity when original bills of lading are not yet available to be presented at the discharge port.
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In dicta in 1934, the Supreme Court touched on the issue of the constitutionality of taxing imputed income:Helvering v. Independent Life Ins. Co., 292 U.S. 371, 378-79 (1934)(citations omitted). > If the statute lays taxes on the part of the building occupied by the owner > or upon the rental value of that space, it cannot be sustained, for that > would be to lay a direct tax requiring apportionment.
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Brennan's dicta that the FAA applied to state court proceedings and made it national policy to encourage arbitration became the central holdings of Burger's majority opinion the next term in Southland Corp. v. KeatingSouthland Corp. v. Keating, , Burger, C.J. in which the former question was the main issue of the case. Since then the Court has widened the scope of the FAA to cover arbitration of many issues.
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MLS students are involved in preparing and publishing the Melbourne University Law Review and the Melbourne Journal of International Law. These two journals jointly publish the Australian Guide to Legal Citation, the most widely followed authority for legal citation formats in Australia.Legal citation , Guide to Legal Research, Library, University of New South Wales accessed 3 September 2011. MLS students also produce a newspaper, De Minimis, and a magazine, "Purely Dicta".
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Inferior courts are not strictly courts of record, but some, such as employment tribunals methodically report their own cases, and have built up a specialist body of common law. Courts such as the magistrates court cannot establish precedent. Even if a court is bound to observe a precedent decision, it does not follow that the whole of the judgment is binding. One must distinguish between ratio decidendi and obiter dicta.
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Similarly, state courts are also not bound by most federal interpretations of federal law. In the vast majority of state courts, interpretations of federal law from federal courts of appeals and district courts can be cited as persuasive authority, but state courts are not bound by those interpretations. The U.S. Supreme Court has never squarely addressed the issue, but has signaled in dicta that it sides with this rule.Johnson v.
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In dicta in Cheek v. United States, the United States Supreme Court specifically labeled defendant John Cheek's arguments about the constitutionality of the tax law -- arguments Cheek had raised in various prior court cases -- as "frivolous."Cheek, 498 U.S. at 204-205. Prior to his conviction, John Cheek had specifically contended that the Sixteenth Amendment did not authorize a tax on wages and salaries, but only on gain or profit.
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The Michigan Supreme Court held that Henry Ford could not lower consumer prices and raise employee salaries. Notably, obiter dicta in the opinion written by Russell C. Ostrander argued that the profits to the stockholders should be the primary concern for the company directors. Because this company was in business for profit, Ford could not turn it into a charity. This was compared to a spoliation of the company's assets.
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He says that Afer and Julius Africanus were the best orators he had heard, and that he prefers the former to the latter,Quintilian, x.1.118 Quintilian refers to a work of his On Testimony,Quintilian, v.7.7 to one entitled Dicta,Quintilian, vi.3.42 and to some of his orations, of which those on behalf of Domitilla, or Cloantilla, and Lucius Volusenus Catulus seem to have been the most celebrated.
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Past Canadian case law, like Re Federal Republic of Germany and Rauca and obiter dicta in Canada v. Schmidt (1987) also indicated extradition was a violation, but still a justified limit, on section 6. The Court then turned to section 1 of the Charter, which provides for reasonable limits on rights. Cotroni declined to argue that extradition was unreasonable under section 1, since predent had already determined it was reasonable.
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Some scholars saw Candidus even as a philosopher. But, as Christine Ineichen-Eder has pointed out, the so-called "Dicta de imagine mundi" or "Dei", twelve aphoristic sayings strung together without logical sequence, are the work of Candidus- Wizo, a pupil of Alcuin. The doctrine is taken from the works of St. Augustine, but the frequent use of the syllogism marks the border of the age of Scholasticism.
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The decision is also important for its treatment of oral testimony as evidence of historic occupation. While much of the decision is technically obiter dicta (since a new trial was ordered due to errors in how the evidence and pleadings were treated), the principles from Delgamuukw were restated and summarized in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. There has not yet been a second trial in this case.
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Lord Nicholls gave the first judgment and said the following on vicarious liability: Lord Millett gave a concurring judgment. In obiter dicta he said that the claim could be based on dishonesty, like for liability in assisting breach of trust. At the same time it could ‘be based simply on the receipt, treating it as a restitutionary claim independent of any wrongdoing.’ Lord Hobhouse gave a short concurring judgment.
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Justice Loh, referring to Judge of Appeal Andrew Phang Boon Leong's dicta in Pertamina Energy Trading Ltd. v. Karaha Bodas Co. LLC (2007),. also clarified that the aim of the law of contempt of court is not to protect the dignity of judges. Rather, he emphasized the symbiotic relationship between the courts and the public – the public relies on the courts to administer justice, and the courts rely on the public for confidence in them.
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The term "Laetare Sunday" is used by most Roman Catholic and Anglican churches, particularly those with Latin liturgical traditions. The word comes from the Latin laetare, the singular imperative of laetari: "to rejoice". The full Introit reads: > Laetare Hierusalem et conventum facite omnes qui diligitis eam; gaudete cum > laetitia, qui in tristitia fuistis, ut exsultetis et satiemini ab uberibus > consolationis vestrae. Psalm: Laetatus sum in his quae dicta sunt mihi: in > domum Domini ibimus.
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Hollicourt was a construction company and it went insolvent in 1996. The Bank of Ireland, 31 King Street, Leeds, continued to operate its account, paying money in and out, for three months after because it missed (through human error) the notification of the winding up petition in the Gazette. Blackburne J, applying dicta from Gray’s Inn, held that the bank was liable to pay restitution for the money that had passed through its facility.
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The Constitutional Court decided in 1995 in the case of S v Williams and Others that caning of juveniles was unconstitutional. Although the ruling in S v Williams was limited to the corporal punishment of males under the age of 21, Justice Langa mentioned in dicta that there was a consensus that corporal punishment of adults was also unconstitutional. The Abolition of Corporal Punishment Act, 1997 abolished judicial corporal punishment.Abolition of Corporal Punishment Act, 1997.
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In 2001, Russian programmer Dimitry Sklyarov demonstrated that an eBook vendor, New Paradigm Research Group (NPRG), used ROT13 to encrypt their documents; it has been speculated that NPRG may have mistaken the ROT13 toy example—provided with the Adobe eBook software development kit—for a serious encryption scheme. Windows XP uses ROT13 on some of its registry keys. ROT13 is also used in the Unix fortune program to conceal potentially offensive dicta.
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The House of Lords overruledSince the 1966 Practice Statement, the House of Lords has been able to depart from its own precedent in order to achieve justice. Anns and held that the council was not liable in the absence of physical injury.As this case concerned economic loss, not personal injury, the House of Lord's statement on this point is obiter dicta. Also, the case of Dutton v Bognor Regis UDC was disapproved.
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United States v. Rodgers, the United States Supreme Court stated: ::Administrative levy, unlike an ordinary lawsuit, and unlike the procedure described in §7403, does not require any judicial intervention, and it is up to the taxpayer, if he so chooses, to go to court if he claims that the assessed amount was not legally owing.United States v. Rodgers, 461 U.S. 677, 103 S. Ct. 2132, 83-1 U.S. Tax Cas. (CCH) paragr. 9374 (1983) (dicta).
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Similarly, in United States v. Baggot, the Supreme Court stated: ::The IRS need never go into court to assess and collect the amount owed; it is empowered to collect the tax by nonjudicial means (such as levy on property or salary, 26 U. S. C. §§ 6331, 6332), without having to prove to a court the validity of the underlying tax liability.United States v. Baggot, 463 U.S. 476 (1983) (dicta) (parenthetical text in original).
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First mentioned in a letter written in Latin July 28, 1320 the name 'Helgeandsholmen', a corruption of Helige andens holme ("Islet of the Holy Spirit"), appears as in insula dicta helghaanzsholm ("on the island called Helgeandsholm"). At the time, helgeandshus (Old Swedish: hälgha ands hus. hälandzhus, helghanzhhws, hälianshus) was a name used for charitable institutions spiritual in nature, in Stockholm first mentioned in a testament from April 24, 1301 (domus sancti spiritus).
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Long, they were merely dicta. The Court ultimately affirmed the decision of the state court on the federal law and did not decide the two issues of state law. Murdock v. Memphis is cited today as instrumental in establishing the principle that interpretation of state law is the province of the state courts, and that, in particular, the state Supreme Courts, rather than the federal courts, have final jurisdiction in this area.
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" In assessing his work, H. D. A. Major maintains that research "was not really his sphere. His gifts were primarily those of an educationist. His writings have always seemed to us to have been characterized, not by profound learning nor accurate scholarship, but by real insight, lucid exposition, and arresting freshness of treatment. He had a great gift of humour, and he selected illuminating, unforgettable incidents and dicta to illustrate his expositions.
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Some commentators believed that the original Ninth Circuit opinion included unnecessary dicta that potentially limited 230(c) immunity in a way that the court did not mean to do., Ninth Circuit Screws up 47 U.S.C. 230 -- Fair Housing Council v. Roommates.com, Eric Goldman's Blog, retrieved March 3, 2011. Due to the fractured nature of the Ninth Circuit opinion, and potential confusion over its scope, the court decided to rehear the case en banc.
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The court granted Apple's motion to dismiss Sagan's claims and opined in dicta that a reader aware of the context would understand Apple was "clearly attempting to retaliate in a humorous and satirical way", and that "It strains reason to conclude that Defendant was attempting to criticize Plaintiff's reputation or competency as an astronomer. One does not seriously attack the expertise of a scientist using the undefined phrase 'butt- head'."Sagan v. Apple Computer, Inc.
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There is no evidence that Vikings drank out of the skulls of vanquished enemies. This was a misconception based on a passage in the skaldic poem Krákumál speaking of heroes drinking from ór bjúgviðum hausa (branches of skulls). This was a reference to drinking horns, but was mistranslated in the 17th centuryBy Magnús Óláfsson, in Ole Worm, Runar seu Danica Litteratura antiquissima, vulgo Gothica dicta (Copenhagen 1636). as referring to the skulls of the slain.
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Just as, in the case of the original Adam, the woman was constructed from man, and their carnal cleaving together was portrayed as becoming one flesh, so the ideal for kabbalists is the reconstitution of what Wolfson calls the male androgyne. Much closer in spirit to some ancient Gnostic dicta, Wolfson understands the eschatological ideal in traditional Kabbalah to have been the female becoming male (see his Circle in the Square and Language, Eros, Being).
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Wilson, 517 F. Supp. at 304. However, there may be cases in which customer preference is a BFOQ – for example, femininity is reasonably necessary for Playboy Bunnies.Wilson, 517 F. Supp. at 301 (citing dicta in St. Cross v. Playboy Club, Appeal No. 773, Case No. CFS 22618-70 (New York Human Rights Appeal Board, 1971); and Weber v. Playboy Club, Appeal No. 774, Case No. CFS 22619-70 (New York Human Rights Appeal Board, 1971).
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Richthofen discontinued his orders at this stage, rather than accept cups made from base metal. His brother Lothar (40 victories) used risky, aggressive tactics, but Manfred observed a set of maxims known as the "Dicta Boelcke" to assure success for both the squadron and its pilots.English 2003, p. 62. He was not a spectacular or aerobatic pilot like his brother or Werner Voss; however, he was a noted tactician and squadron leader and a fine marksman.
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82 Many ancient tribes in Europe derived their names from the nature of the land they inhabited. Gervase of Tilbury wrote in his Otia imperialia ("Recreation for an Emperor", 1211): Inter Alpes Huniae et Oceanum est Polonia, sic dicta in eorum idiomate quasi Campania.(translation: "Between the Hunnic Alps and the Ocean there is Poland, thus called "Countryside" in their idiom.") Polans may have used Polska to describe their own territory in the Warta River basin.
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However, as the issue of secession per se was not the one before the court, it has been debated as to whether this reasoning is merely dicta or a binding ruling on the question.Currie (1985), p. 315. It is also worth noting that Salmon Chase was nominated by Abraham Lincoln and was a staunch anti- secessionist. It is unlikely that he or his Republican appointed court would have approved of the Confederacy and Texas' choice to join it.
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Vogenauer (2005) p. 646 The courts' cautiously optimistic acceptance of Pepper, which included an attempt to include it in the House of Lords' Practice Directions, soon began to wane. Although the lower courts applied the decision and allowed the use of Hansard, and the Lords itself initially followed it in R v Warwickshire County Council, ex parte Johnson,[1993] 1 All ER 299 several objections and limits were expressed in later obiter dicta and ratio decidendi.Scott (1993) p.
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Light as > an empty dream at break of day, Or as a blast of wind, she rush'd away. Thus > having pass'd the night in fruitless pain, I to my longing friends return > again Dryden's translation is based on presumed authorial intent and smooth English. In line 790 the literal translation of haec ubi dicta dedit is "when she gave these words." But "she said" gets the point across, uses half the words, and makes for better English.
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And just like the clubs wherein these bands played, PULP became the new avenue wherein struggling artists and musicians could not only get exposure but support for their own endeavors. PULP alumni include Asia Agcaoili, Karen Montelibano, Maureen Larazabbal, Kristine Jaca, Gwen Garci, Mylene Dizon, Giselle Sanchez, Tom Epperson, Erik Liongoren, Gary Buenavista and Kristine Fonacier. PULP band covers appearance features Eraserheads, Wolfgang, Parokya Ni Edgar, Dicta License, Kamikazee, Sugarfree, Rivermaya, Sponge Cola, Itchyworms, Tanya Markova, True Faith, Rocksteddy.
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Things did not improve for Benchley and Obiter Dicta, and a failed practical joke at a company banquet further strained the relationship between Benchley and his superiors.Altman, 61–68. He continued his attempts to develop his own voice within the publication, but Benchley and Curtis were not a good match, and he eventually left,Yates, 31–34. as Curtis was considering eliminating Benchley's role and he had been offered a position in Boston with a better salaryAltman, 67–68.
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The Court majority (Mason CJ, Brennan, Deane, Gaudron JJ) relied on dicta from Air Caledonie International v Commonwealth,. and ruled that the collecting body of a fee does not have to be a public body for the fee to be regarded as a tax. Therefore, a levy collected by a private body dictated by a statute for public purposes gives the private body a public character. The decision also raised the notion of raising taxes for the public interest.
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The Supreme Court itself recognized in Abood that implementing its limitations on agency fees would be difficult to administer, and in dicta suggested that further rulings would clarify its thinking.Abood, 431 U.S. at 236–37. But the Beck decision did not provide this clarification. The ruling did not address whether or how unions should inform workers of their Beck rights, what charges are "germane" to collective bargaining, or what remedies non-members have if their rights are violated.
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Most of the opinion is dicta; thus, all that the opinion holds with respect to aboriginal title is that it is inalienable, a principle that remains well- established law in nearly all common law jurisdictions. This decision was upheld in the 1831 case Cherokee Nation v. Georgia, giving Georgia authority to extend state laws over Cherokees within the state, and famously describing Native American tribes as "domestic dependent nations". This decision was modified in Worcester v.
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Para [64].The respondent legally took B to live with her in Islamabad. In this regard Mrs Justice Hogg heard the evidence of both sides, applied the relevant law and therefore it is not for the Supreme Court to intervene. The judgment of the majority on the habitual residence issue meant that it was unnecessary to decide whether the inherent jurisdiction could be exercised although the judges did take the opportunity to offer dicta on the issue.
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In Luther v. Borden, 48 U.S. 1 (1849), the US Supreme Court had established the "political question" test in which a court may refuse to rule because the issue is political, rather than judicial. Moyer is controversial in part because Justice Holmes took much of the dicta in Luther and made it binding law. The decision is controversial also because despite the analysis in Ex parte Benedict, Moyer allowed states to implement martial law without judicial review.
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According to the Talmudists, Hezekiah did six things, of which three agreed with the dicta of the Rabbis and three disagreed therewith (Pes. iv., end). The first three were these: (1) he concealed the book of healing because people, instead of praying to God, relied on medical prescriptions; (2) he broke in pieces the brazen serpent (see Biblical Data, above); and (3) he dragged his father's remains on a pallet, instead of giving them kingly burial.
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A plurality on the Court, led by Justice Stevens, wrote that the authorizing statute did indeed require OSHA to demonstrate a significant risk of harm (albeit not with mathematical certainty) in order to justify setting a particular exposure level. Perhaps more importantly, the Court noted in dicta that if the government's interpretation of the authorizing statute had been correct, it might violate the Nondelegation doctrine. This line of reasoning may represent the "high- water mark" of recent attempts to revive the doctrine.
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For the first 100 years of the history of the United States, the doctrine of aboriginal title existed only in dicta supplied by decisions concerning land disputes between non-indigenous parties. It was generally assumed, but untested, that aboriginal title could be vindicated by causes of action such as ejectment and trespass.Marsh v. Brooks, 49 U.S. 223 (1850) ("[T]hat an action of ejectment could be maintained on an Indian right to occupancy and use, is not open to question.").
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He also taught at the Yehudi Menuhin School. His dicta included that a pianist must pedal not with the foot but with the ear; and must be able to make a crescendo without hurrying, and a diminuendo without slowing. His art is characterized by shimmering tonal colours and a singing legato combined with an effortless ease of interpretation. Those who heard him live say that his playing was characterized by an enchantingly subtle tone that recordings fail to capture fully.
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If, on such a reading, the meaning of the judgment or order is clear and unambiguous, no extrinsic fact or evidence is admissible to contradict, vary, qualify or supplement it. If any uncertainty in meaning does emerge, however, the extrinsic circumstances surrounding or leading up to the court's granting the judgment or order may be investigated and regarded in order to clarify it. The dicta in Firestone South Africa v Gentiruco1977 (4) SA 298 (A) at 304D-H. was here applied.
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The United States Joint Chiefs of Staff (JCS), the United States Navy (USN), and the United States Air Force (USAF) each have their own air tactics manuals. Under the auspices of the North Atlantic Treaty Organization (NATO), the USAF trains German, Dutch, Norwegian, Turkish, Italian, and Greek fighter pilots at Sheppard Air Force Base, using air tactics manuals descended from the Dicta Boelcke.Joe Pappalardo, 23 June 2014, "The Texas Air Base Where NATO Fighter Pilots Are Forged", Popular Mechanics Retrieved 24 August 2018.
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The Court of Appeals dismissed the first claim, and ruled the transmission of petroleum and natural gas across state lines was "commerce" under the Act. The Court of Appeals found the Board's order vague, and remanded the case to the Board for clarification. In dicta, however, the appellate court noted that the Board had developed evidence showing that the striking worker had not been rehired due to anti- union animus. The Court of Appeals discussed approvingly the rationale for the order to reinstate.
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These remedies are relevant where a representation is made, but it falls short of a contractual warranty. In South African law, despite any distinctions between dicta and promissa in the Roman law, the term refers to, "a statement or undertaking or promise by the seller which was intended to be acted upon by the parties."Hall v Milner 1959 (2) SA 304 (O). The leading case on dictum promissumve is Phame (Pty) Ltd v Paizes,1973 (3) SA 397 (A).
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There was never any question that the main damage was suffered by the tenant and the tenant had the same locus standi as the landlord, exercising under a lease from time to time his legal rights. The question of liability in tort was not considered, instead a few words were said if that question had to be considered by the court (obiter dicta). The question was whether not having been privy to the original agreement was a bar to any recovery.
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In his brief majority opinion, Justice Clarence Thomas began by indicating that Williams v. Taylor. limits the phrase "clearly established federal law" to the holdings instead of the dicta of previous decisions. In both Williams and Flynn, the two cases cited by the appeals court, the holdings were regarding government-sponsored action, whereas the buttons were worn by private spectators. Thomas pointed out that there is no clear court holding on the test for inherently prejudicial action by private spectators.
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The case is notable for establishing the dicta "that the maritime law is not the law of a particular country, but the general law of nations." Lord Mansfields reasoning flows out of that the law of the sea began with the Rhodian Code, then the Consolato del Mere, the laws of Hanseatic League the Laws of Wisbuy and Ordinance of Louis 14th. From this Mansfield argues that there exists a set of internationally recognized practices in regard to law of the Sea.
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In the final quarter of a mile, Poincelet moved Psidium to the wide outside and the colt produced a sudden burst of acceleration to move past the field. He overtook Dicta Drake inside the final furlong and won going away by two lengths, with Poincelet easing down. Mme Plesch was reportedly astonished by her colt's performance saying that she "never expected he would finish in the first ten." Shortly after his victory, Psidium was injured in training and never ran again.
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The dicta in De Wet v Deetlefs,1928 AD 293. which might, perhaps, be read to express a contrary view, were too widely stated for Grobler's liking, and did not apply, he argued, to a case such as the present; in any event, De Wet was clearly distinguishable from the present case.See Hough v Steenkamp 1946 CPD at 448-9; Tweedegeluk Eiendoms Beperk v Howes and Others 1949 (3) SALR 1220; Calitz v Lyle 1928 CPD at 549; MacGregor and Others v Beckenstrater 1949 (2) SALR 137.
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Tel Rumeida is the oldest site in the city of Hebron.Kenneth Anderson Kitchen, On the Reliability of the Old Testament, Wm. B. Eerdmans Publishing, 2003 p.184 Pringle suggests that the site excavated 200–300 metres east of the hilltop mosque represents the old Kiryat Arba described by the Dominican pilgrim Burchard of Mount Sion in 1293 as "vetus civitas quondam Cariatharbe dicta".Denys Pringle,The Churches of the Crusader Kingdom of Jerusalem: A Corpus: Volume 2, L-Z, Cambridge University Press, 1998 pp.203-204.
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In addition, Japanese judges are generally career judges whose promotion and transfer can be greatly affected by the Supreme Court. Because of this, scholars have commented that Supreme Court decisions are de facto even more binding than in common law countries. Dicta by the Supreme Court is also often cited by lower courts.Y. Higuchi, ‘Hanrei no kōsoku-ryoku kō (On the Binding Force of Precedent)’, in Higuchi and M. Shimizu (eds), Nihon-koku Kenpō no Riron (Theories of the Constitution of Japan) (Tokyo, 1987), p.
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The four people argued that the obiter dicta in that case supported their interpretation of section 41, that it was a guarantee rather than a transitional provision. The Commonwealth electoral officers, who were represented by the Solicitor-General of Australia Sir Maurice Byers, and William Gummow (a future Justice of the High Court), argued that section 41 was indeed intended to be a transitional provision. They linked it with section 8, Application of Colonial Boundaries Act. and section 30 of the Constitution of Australia, Qualification of electors.
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The judges affirmed that assisting or rescuing should be promoted (although with more caution to oneself when taking the risk). This notion of encouraging rescuers has a longer history, as noted in the ratio and obiter dicta of former Associate Justice of the Supreme Court of the United States Benjamin Cardozo in Wagner v International Railway Co 133 NE 437 (1921): “Danger invites rescue. The wrong that imperils life is a wrong to the imperilled victim; it is a wrong also to his rescuer”.
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Brahms composed the work in response to his recognition by the city of Hamburg as an honorary citizen. He chose biblical verses in the translation of Martin Luther, and began the composition for a mixed double choir a cappella in 1888. He dedicated the work to Carl Petersen, then the mayor of Hamburg. The original titles of the three movements are: The chosen biblical verses, Sprüche or dicta, are concerned with a people (Volk), its national culture, and tradition passed from fathers to sons.
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Professor Chemerinsky believes that the regulation of guns should be analyzed in the same way "as other regulation of property under modern constitutional law" and "be allowed so long as it is rationally related to achieving a legitimate government purpose."A Well-Regulated Right to Bear Arms, Erwin Chemerinsky, The Washington Post, March 14, 2007 However, the dicta in Heller suggests that applying a mere rational basis analysis is an incorrect reading of the Constitution and would, in fact, defeat the entire purpose of the Second Amendment.
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The decision also contained a strong dissent from the minority (Dawson, Toohey and McHugh JJ). They were critical of the dicta from Air Caledonie as it contained no principles, and no examples. They did not view the fee paid as tax because it was not paid into general government consolidated revenue (Section 81 of the Constitution requires taxes to be paid into consolidated revenue). The royalty imposed by the government was a special type of debt that did not satisfy the elements of taxation.
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Densmore sued for divorce in mid-July 1886, which was granted in December. Emma Densmore was awarded custody of their children, but Edson sued—arguing that his wife was an unfit mother and that his eldest daughter was forced to work in a photography shop by her mother. The Supreme Court of the District of Columbia denied his petition in October 1888, strongly condemning the award of divorce in dicta. For reasons of ill health, Densmore resigned as White House usher in late July 1887.
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Yet in this instance, the term "modification" and its definition differ broadly. The Court concluded that "EPA's construction need do no more than fall within the limits of what is reasonable, as set by the Act's common definition." Justice Thomas wrote separately to note that although he agrees with the substantive ruling on the matter, he did not agree with the dicta in Part III-A of the Court's opinion. Thomas believed that the EPA could not have different regulatory definitions of "modification" under PSD and NSPS.
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Justice Black, joined by Justice Murphy, concurred specially "to add a few remarks in order that silence may not be understood as acquiescence in the views expressed in the dissenting opinion" of Justice Frankfurter. First, he said, the Court's ruling involved no dicta; what was said was necessary to resolve the case. More important, he condemned the dissent's "error of interpreting legislative enactments on the basis of a court's preconceived views on 'morals' and 'ethics.' " Nothing in the federal patent statute refers to contributory infringement.
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One commenter stated that men dressed in clone style usually possessed a more self-assured attitude about themselves and their sexual orientation. Men could take parts of the appearance that they found attractive and that worked for them. For many men, the look was an outward sign of their freedom from social dicta and a celebration of their personal masculinity. Some fetishize the style while others find the appearance a sign of liberation, countering the homophobic stereotype that generalizes all gay men as effeminate.
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Birrell did not defend his seat in the 1918 general election, nor did he ever return to Ireland. In 1929, he accepted an honorary doctorate from the National University of Ireland, but storms in the Irish Sea prevented him from making the crossing and he had to receive his degree in absentia.Irish Times 9 August 2008 He returned to literature with a further volume of essays and book reviews, More Obiter Dicta (1920) and a book on his father-in-law, Frederick Locker-Lampson. He died in London on 20 November 1933, aged eighty-three.
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Quarantine laws had never been challenged, but dicta in the Court's opinions since Gibbons v. Ogden in 1824 had recognized them as a justifiable use of state power. Some earlier cases had challenged aspects of quarantine laws such as the taxes collected to fund them, but Compagnie Francaise challenged the application of quarantine law itself, under the provisions of the Fourteenth Amendment. It has been cited by later courts as holding involuntary quarantines constitutional, as recently as a case arising from the 2014 African Ebola epidemic and the COVID-19 pandemic.
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Cotton LJ and Bowen LJ held that the money payment was invalid. Baggallay LJ dissented. In the course of his dicta, Bowen LJ held that there is.. So according to Bowen LJ, directors can only spend,(1883) LR 23 Ch D 654 The upshot for a company in insolvency was that directors were not free to make payments to employees, because payments could only be made which were incidental to the business, and an insolvent business had no further business. In English law, the position has been altered by the Insolvency Act 1986, s.
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The Court provided the following dicta on aboriginal title: > This Indian title consisted of the usufruct and right of occupancy and > enjoyment; and, so long as it continued, was superior to and excluded those > claiming the reserved lands by patents made subsequent to the ratification > of the treaty; they could not disturb the occupants under the Indian title. > That an action of ejectment could be maintained on an Indian right to > occupancy and use, is not open to question. This is the result of the > decision in [Johnson v. McIntosh and Cornet v.
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Epitaph of Jimena Muñoz: Quam deus a pena defendat dicta Semena Alphonsi vidui regis amica fui; Copia, forma, genus, dos morum, cultus amenus, Me regnatoris prostituere thoris, Me simul et Regem mortis persolvere legem. Fata coegerunt, que fera queque terunt Terdenis demptis super hec de mille ducentis, Quator eripies, que fuit era. Scies84. Jimena would be interred in San Andrés monastery, Vega de Espinareda, in the El Bierzo region of León. Her grave, now lost, was once marked with an inscribed memorial stone that is now held by the Museo de León in that city.
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Near the end of this war, Hervaeus Natalis compiled two censure lists, one in 1314 and one in 1316. These lists gathered the problematic tenets of Durandus' works, and in turn, compelled Durandus to revise his work. Notable works concerning this polemical war include Reprobationes excusationum Durandi, Quodlibet III, and Correctiones super dicta Durandi in Quodlibet Avenonense I. These works either reprimanded Durandus or responded to Durandus' counterattacks to Natalis' arguments. One of Natalis' most significant counters to Durandus was in his Evidentiae contra Durandum super IVum Sent.
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The court applied these dicta to the respondents' contention that the reasons given were no reasons at all in respect of the question regarding the historical baseline used, and dismissed the contention, holding that "a fair reading of the reasons makes it clear that the Chief Director, suitably assisted, in the exercise of his discretion, decided that an appropriate percentage for the diminution of quotas at the end of 2001 was 5%," and satisfied itself that adequate reasons had been given for the administrative decisions taken in this instance.
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In mid-1916, Boelcke codified his tactics in the Dicta Boelcke, which was the world's first tactical manual for an air force. During early 1916, Boelcke wrote a brochure entitled "Experiences of Air Fighting", giving tips for attacking any one of three types of opposing aircraft. This was not unique; a few other fliers in the war were sharing such combat tips with one another on a personal level. After Immelmann's death, Boelcke was withdrawn from combat on 27 June 1916, while he was the war's leading ace, and assigned to Fliegertruppe (Flying Troops) headquarters.
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But then it could not be used in place of a confession as required for a death sentence. However, this may be, one would expect that the court would have "cribbed" from the intendits when writing the verdicts of the case. But this appears to have been the case in only a limited sense if one compares the texts of the intendits with the eventual verdicts. It looks as if the intendits only provided (rather tedious) filler material (obiter dicta) between the preamble of the verdicts and the rationes decidendi before the sentence.
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The Armenian American "living memorial" marker (lower right) near the Argonne Cross. Explicitly religious memorials on property owned by the federal government is controversial. No lawsuit demanding the Argonne Cross Memorial's removal has been filed against the federal government as of November 2013. However, federal courts have mentioned the memorial in dicta. In January 2011, the United States Court of Appeals for the Ninth Circuit discussed the Argonne Cross as part of its ruling in Jewish War Veterans v. City of San Diego, 629 F.3d 1099, 1108 (9th Cir. 2011).
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Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non- Native Americans from being present on Native American lands without a license from the state was unconstitutional. The opinion is most famous for its dicta, which laid out the relationship between tribes and the state and federal governments. It is considered to have built the foundations of the doctrine of tribal sovereignty in the United States.
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Then follows a list of kings from Conall Corc to Dub Lachtna (ninth century) as well as a rhetoric called Dicta Cuirirán Muiceda "The Sayings of Cuirirán the Swineherd". §§ 4-8. When one night the two swineherds stayed at Clais Duirdrenn, north of Cashel, they experienced a prophetic vision, in which they witnessed St. Patrick's arrival in Ireland. The following night, they had a second vision in which they enjoyed a magnificent feast and an angel announced that the first person to light a fire on Cashel would obtain the kingship of Munster.
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Founded in 1919 by Tenny Blount with the help of Rube Foster, owner and manager of the Chicago American Giants, the Detroit Stars immediately established themselves as one of the most powerful teams in the West. Foster transferred several of his veteran players to the team, including player-manager Pete Hill and legendary catcher Bruce Petway. Left-hander John Donaldson, Frank Wickware, Dicta Johnson, and Cuban great José Méndez took up the pitching duties, and Texan Edgar Wesley was brought in to handle first base, a job he would hold for several years.
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140–143 Simpson held a contempt for Malthusianism, widely respected in its day for its conservative social dicta and regarded it as a superfluous attempt to justify social exploits and inequality. He viewed it as "a singular infatuation prevailing among all modern writers on economy, that the scarcity of food among the laboring people is attributable to excess of population". He maintained this notion to be a fallacy, easily refuted by simply observing the hoarding of resources by the very rich, a fact he believed was "staring them in the face".
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The plurality did not find any reason that the trial judge's decision presented a clear error and was a permissible view under the evidence. In a closing dicta discussion, the plurality cited linguistic studies noting the complexity of language and bilingual distinctions. It further counseled that excluding bilinguals is unwise and may be unconstitutional under a different set of facts. Specifically, Kennedy outlined that creating a blanket policy regardless of the case's specific facts or for particular ethnic groups in certain communities language could be treated similarly to skin color under Batson.
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In the majority opinion, Justice William Rehnquist wrote "[t]he existence of the combat restrictions clearly indicates the basis for Congress' decision to exempt women from registration. The purpose of registration was to prepare for a draft of combat troops. Since women are excluded from combat, Congress concluded that they would not be needed in the event of a draft, and therefore decided not to register them." Implicit in the obiter dicta of the ruling was to hold valid the statutory restrictions on gender discrimination in assigning combat roles.
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The process of determining the ratio decidendi is a correctly thought analysis of what the court actually decided—essentially, based on the legal points about which the parties in the case actually fought. All other statements about the law in the text of a court opinion—all pronouncements that do not form a part of the court's rulings on the issues actually decided in that particular case (whether they are correct statements of law or not)—are obiter dicta, and are not rules for which that particular case stands.
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The House of Lords unanimously upheld the judgment of Lord Denning that the limitation of liability to the cost of the seeds was not effective, because given the relative positions and capability of insurance, it failed the reasonableness test. Lord Diplock gave the first judgment. Lord Bridge gave the leading judgment. He agreed with Lord Denning MR that clause 2 applied to the seeds in question, and that it was a "strained construction" (following Lord Diplock's dicta in Photo Production Ltd v Securicor Transport Ltd [1980] AC 827) to say otherwise.
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The Court in Near left open the possibility of prior restraints for various exceptional purposes, such as national security, control of obscenity, and the like. It wrote: Near's dicta suggest that, while a constitutional prior restraint can exist, the high burden of proof necessary to demonstrate constitutionality results in a presumption of invalidity, and the government bears the burden of showing the restraint's constitutionality. In a later case (Nebraska Press Ass'n v. Stuart), the Court wrote: This shows the strong later acceptance of what had been a disputed decision when it was first handed down.
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During the first part of the war, there was no established tactical doctrine for air-to-air combat. Oswald Boelcke was the first to analyze the tactics of aerial warfare, resulting in a set of rules known as the Dicta Boelcke. Many of Boelcke's concepts, conceived in 1916, are still applicable today, including use of sun and altitude, surprise attack, and turning to meet a threat. British Brigadier General Hugh Trenchard ordered that all reconnaissance aircraft had to be supported by at least three fighters, creating the first use of tactical formations in the air.
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This, she wrote, conflicted with the statute's legislative history, which repeatedly refers to it as a purely procedural measure. "In Prima Paint, the Court reached a pragmatic result but used an unfortunate method to get there."Moses, at 115–121. In addition, she argued, the court failed to limit the scope of the decision, which set the stage for Justice William J. Brennan, Jr. to assert in dicta in Cone both that the FAA made arbitration a national policy and that it applied to the state courts, without support for either assertion.
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The Abolition of Corporal Punishment Act, 1997 (Act No. 33 of 1997) is an act of the Parliament of South Africa that abolished judicial corporal punishment. It followed the Constitutional Court's 1995 decision in the case of S v Williams and Others that caning of juveniles was unconstitutional. Although the ruling in S v Williams was limited to the corporal punishment of males under the age of 21, Justice Langa mentioned in dicta that there was a consensus that corporal punishment of adults was also unconstitutional. The act contains two substantive sections.
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Among Woolf's non-fiction works, one of the best known is A Room of One's Own (1929), a book-length essay. Considered a key work of feminist literary criticism, it was written following two lectures she delivered on "Women and Fiction" at Cambridge University the previous year. In it, she examines the historical disempowerment women have faced in many spheres, including social, educational and financial. One of her most famous dicta is contained within the book "A woman must have money and a room of her own if she is to write fiction".
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Jacobson Products Co., the Court reiterated this Inwood test for functionality, along with additional language, demonstrating that Inwood formulation of the functionality test should not be dismissed merely as dicta.. The Court also reiterated the test in TrafFix Devices v. Mktg Displays, 532 U.S. 159 (1995).. Justice White included another definition of the functionality standard in his concurrence, stating: "A functional characteristic is 'an important ingredient in the commercial success of the product.". Furthermore, Justice White concluded that the defendant should bear the burden of proof for functionality.
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Retrieved on 2010-11-16. Pilots soon learned to achieve a firing position (while avoiding the threat of enemy guns) by manoeuvring themselves behind an enemy aircraft; this is known as getting onto an aircraft's "six o'clock" or onto their "tail", plus a wide variety of other terms, usually coined by air crew. This type of combat became known as dogfighting. Oswald Boelcke, a German fighter ace during World War I, was the first to publish the basic rules for aerial combat manoeuvring in 1916, known as the Dicta Boelcke.
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In 1926, a similar law (though not dealing with Cabinet secretaries) was ruled unconstitutional by the United States Supreme Court in the case of Myers v. United States, which affirmed the ability of the President to remove a Postmaster without Congressional approval. In reaching that decision, the Supreme Court stated in its majority opinion (though in dicta), "that the Tenure of Office Act of 1867, insofar as it attempted to prevent the President from removing executive officers who had been appointed by him by and with the advice and consent of the Senate, was invalid".
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Taxation is a power of the federal and provincial legislatures; provincial taxation is more restricted, in accordance with sections 92(2) and 92(9) of the Constitution Act, 1867. In Allard Contractors Ltd. v. Coquitlam (District), provincial legislatures may levy an indirect fee as part of a valid regulatory scheme. Gérard La Forest observed obiter dicta that section 92(9) (with provincial powers over property and civil rights and matters of a local or private nature) allows for the levying of license fees even if they constitute indirect taxation.
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One aspect of the decision on which all judges agreed was that the High Court would not determine hypothetical or abstract question with Griffith stating "The questions submitted in the case are to a great extent of an abstract character. In my judgment the provisions of sec. 31 were not intended to allow the submission of hypothetical or abstract questions of law which may never arise for actual decision. Any opinions expressed by the Court on such questions can only be obiter dicta of more or less weight, but having no binding authority".
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Therefore, the Court reasoned that since Congress has the power to create such courts, the principles of limited government militate in favor of limiting their jurisdiction to specific acts specified by Congress. The Court held, "The legislative authority of the Union must first make an act a crime, affix a punishment to it, and declare the Court that shall have jurisdiction of the offence." In dicta, he also mentioned an exception to the general rule. Courts have some implied powers, such as punishing litigants for contumacy (contempt of court) and enforcing court orders.
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A system of plant taxonomy by John Hutchinson, the Hutchinson system, was published as The families of flowering plants, arranged according to a new system based on their probable phylogeny (two volumes) in three editions; 1st edition 1926–1934; 2nd edition 1959; 3rd edition, 1973. This classification is according to the 1st Edition Volume 1: Dicotyledonae 1926 and Volume 2:Monocotyledonae 1934. Hutchinson's system was one of the most influential revisions of taxonomy in the early twentieth century. Hutchinson is known for his 24 dicta on the classification of flowering plants.
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Dicta License is a Filipino band formed December 1999, whose music is a fusion of rock, rap, and grunge. This band consists of Pochoy Labog on vocals, Bryan Makasiar on drums, Kelley Mangahas on bass, and Boogie Romero on guitars. The band's name literally translates as "License to Speak," which can be aptly associated with the philosophical cum socio-political tone evident in their songs. The band's influences include Rage Against the Machine, Lauryn Hill, The Roots, Public Enemy, Incubus, and many others, with RATM being their strongest influence of all.
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The second major criticism of the adequate and independent state ground doctrine is that it contributes to inaccuracy and inconsistency in federal law because state courts' erroneous interpretations of federal law remain on the books as long as the judgment is supported by an adequate and independent state ground. See Matasar & Bruch, at 1314-15. The state court's rulings on federal law, however, arguably amount to no more than dicta because those rulings do not provide the basis for the judgment. The Supreme Court might promote uniformity by addressing constitutional claims even when a judgment is supported by adequate and independent state grounds.
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Justice Severson dissented on the grounds that the "exigent circumstances" definition was too vague and this situation did not meet the standards as the state vet had said that the cats were in good health. Severson also stated that the driver was not charged with any traffic offense and that she should have been, had the State intended to rely on her being unable to operate the vehicle as that was their focus in the seizure hearings. Justice Meierhenry concurred with the obiter dicta dissent. The case was later cited as precedent in South Dakota state law.
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Meri, Josef W. "Medieval Islamic Civilization: An Encyclopedia". Routledge, NY. 2005, p 409 Ketāb al-jafr is a commentary on the Quran which, according to Ibn Khaldun, was first written on the skin of a young bull, which allowed al-Sadiq to reveal the hidden meaning of the Quran. Various versions of his will, and a number of collections of legal dicta, are attributed to him as well. There are many reports attributed to him in the early Shia Hadith collections such as Muhammad ibn Ya'qub al- Kulayni's Kitab al-Kafi, where they are featured as central sources of Imami doctrine.
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While arbitration was not the main issue in the case, it had a profound effect on future cases concerning the FAA. Two of Brennan's passing dicta, that the FAA applied to actions in state court and that it enacted a national policy in favor of arbitration, became the central holdings of Southland Corp. v. Keating the following year, a case from which O'Connor and Rehnquist dissented. Those holdings have been challenged, even by some other justices, as fundamentally at odds with the language and legislative history of the FAA, even as the Court has continued to expand its scope since then.
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Initially Jasta 2 was equipped with a motley collection of fighters, including early Fokker and Halberstadt "D" types. In September, the squadron began to receive the first Albatros D.I fighters, that created the German air superiority of the first half of 1917. Boelcke was killed in an aerial collision on 28 October but his tactics, especially formation flying and a combination of aggression and prudence known as the Dicta Boelcke, remained the core of Jagdstaffel practice in the Luftstreitkräfte fighter arm for the rest of the war. Several pilots of Jasta 2 trained by Boelcke, became fighter leaders, notably Manfred von Richthofen.
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Louis "Dicta" Johnson (born June 29, 1887) was an American spitball pitcher in Negro League baseball and during the pre-Negro League years. He played from 1908 until 1923, mostly for the Indianapolis ABCs and the Chicago American Giants. 1910 St. Paul Gophers In 1910 and 1911, Johnson followed many of his fellow Chicago players to the St. Paul Colored Gophers team, which became the Twin Cities Gophers in 1911. There he would play with Candy Jim Taylor, William Binga, Mule Armstrong, Sherman Barton, Johnny Davis and future College Football Hall of Fame legend Bobby Marshall.
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Most Unix systems use fortunes which are slanted heavily toward the user base of Unix, and thus contain many obscure jokes about computer science and computer programming. Other favoured sources include quotations from science fiction (Star Trek, The Cyberiad, Doctor Who, The Hitchhiker's Guide to the Galaxy, etc.), Zippy the Pinhead, and the writings of Ambrose Bierce and Dave Barry. Most fortune collections also include a wide variety of more conventionally sourced quotations, jokes, and other short passages. A few distributions include "offensive" dicta, which require the `-a` or `-o` options to be passed for viewing.
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After writing the Dicta, Boelcke's tactics were taught in the fighter school he had suggested founding. He suggested that fighter planes be organized into squadrons. He also organized and led one of these original German fighter squadrons, Jagdstaffel 2. By the time he died in action after his 40th victory, he had thoroughly schooled his squadron in his tactics. Jasta 2 went on to be one of the two most successful German fighter squadrons during the remainder of the war, scoring 336 victories, and achieving a victory ratio that ran as high as 12 to one.
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The decisions of the full > Court were then the decisions of three legal men, and were settled and > founded on legal argument and authorities. In proof of this statement, it is > satisfactory to know that the dicta of our Court during that period have > been more than once quoted m foreign forums. During his time in office, he would also published Volume II of Hawaiian Law Reports. Between 1868 and 1869, after his term as Associate Justice, Davis and Richard H. Stanley served on a commission which compiled and translated the Penal Code of the Hawaiian Kingdom into Hawaiian and English.
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An illustration of its strictness is Bowman v Secular Society, where it was held that even when attempted changes to the law were ancillary to the main goals, it was still unacceptable.Hudson (2009) p.1011 There is a dividing line; charitable trusts discussing political issues can be valid, as discussed by Hoffmann J obiter dicta in Attorney General v Ross.[1985] 3 All ER 334 This line is considered by the Charity Commission in their official guidelines, which allow the Commission to look at the wider purpose of the organisation when deciding if it constitutes a valid charity.
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These scholars argue that much language in Trans-Missouri Freight was dicta, and also emphasized the Court's decision in United States v. Joint Traffic Association, 171 U.S. 505 (1898), in which the Court announced that "ordinary contracts and combinations" did not offend the Sherman Act, because they restrained only trade "indirectly". Indeed, in his 1912 book on antitrust law, Taft reported that no critic of Standard Oil could succeed in Taft's challenge: to articulate one scenario in which the rule of reason would produce a result different from that produced under prior case law. In 1911, the Supreme Court announced United States v.
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Carnwath J approved the "floating trust" analogy, first proposed by Dixon J in Birmingham v Renfrew [1937] CLR, which holds that the law will give effect to the intention (to create a mutually binding will) by imposing a floating trust which becomes irrevocable after the death of the first testator and crystallises after the death of the survivor. In the Court of Appeal decision in Goodchild Legatt LJ approved the dicta of Carnwath J and added that "for the doctrine to apply there must be a contract". This approach raises problems as will be seen below.
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In 1291 he was back in Pistoia, where he was sentenced as guilty for the crime of striking cum una spada malvagia vetita pro forma statutorum ("with a sword in malice") a certain Orellio Megliori on the head, ex dicta percussione multus sanguis extivit ("from which wound exited much blood"). He was sent into exile and was in Bologna again in 1295. It is therefore certain that if, as some historians have believed, Paolo spent some time at the court of Aragon in Spain, it must have been spent between 1283 and 1291, most probably 1283-1285 if at all.Bertoni, 119.
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I might sustain this opinion by a reference to the well-settled > principle of the common law of England on this subject; to the writings of > many of the earlier and later commentators on our Constitution and laws; ... > and lastly to the dicta and decisions of many of our national and state > tribunals. But all this has been well done by Assistant Vice Chancellor > Sandford, in the case of Lynch vs. Clarke, and I forbear. I refer to his > opinion for a full and clear statement of the principle, and of the reasons > and authorities for its support.
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Pirmin's missionary work mainly took place in the Alsace and the upper area of the Rhine and the Danube. Besides actively preaching and converting, he also founded or reformed many monasteries, such as those at Amorbach, Gengenbach, Murbach, Wissembourg, Marmoutier, Neuweiler, and Reichenau. Pirmin secured endowments from area nobility: Odilo of Bavaria financed the foundation of Niederaltaich Abbey, Werner I of what became the Salian dynasty endowed the new abbey at Hornbach. The most important of Pirmin's books is Dicta Abbatis Pirminii, de Singulis Libris Canonicis Scarapsus ("Words of Abbot Pirminius, extracts from the Single Canonical Books").
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Gleeson said: > In making that choice I am influenced by the general principle of > interpretation stated above. I am also influenced by the consideration that > the detention in question is mandatory, not discretionary. In a case of > uncertainty, I would find it easier to discern a legislative intention to > confer a power of indefinite administrative detention if the power were > coupled with a discretion... Accordingly, he found that a proper construction of the provisions of the Act would not permit Al-Kateb's detention to continue indefinitely. Justice Callinan, who was in the majority, also discussed the purpose of detention, in obiter dicta.
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Bay of Erythrae Valerius Maximus included the story of Hippo in his Facta et dicta memorabilia as a foreign example of chastity to complement the Roman stories he has previously related. He stated that when Hippo was abducted by an enemy fleet, she decided to save her chastity at the cost of her life, and threw herself into the sea to her death. Her body was washed up on the shore of Erythrae. According to Valerius Maximus, a tomb was built for her which survived in his own day, and her glorious reputation had endured among the Greeks.
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The different roles of case law in civil and common law traditions create differences in the way that courts render decisions. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often interpret the wider legal principles. The necessary analysis (called ratio decidendi), then constitutes a precedent binding on other courts; further analyses not strictly necessary to the determination of the current case are called obiter dicta, which constitute persuasive authority but are not technically binding. By contrast, decisions in civil law jurisdictions are generally shorter, referring only to statutes.
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The California Second Court of Appeals overturned the decision on procedural grounds and added as dicta, "We are of the opinion that the underlying action [i.e., the state-imposed receivership] and its attendant provisional remedy of receivership were from the inception constitutionally infirm and predestined to failure." Stanley Rader left his positions within the church in 1981. While remaining a member, he left the public spotlight as an attorney, retired, but continued to receive payments from The Worldwide Church of God on his lifetime contract, $300,000 per year, until his death from acute pancreatic cancer on July 2, 2002.
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In fact, Novaković lived until 1823. In addition to a journal and a booklet of commercial content in the Serbian language, he also anonymously issued -- "Dissertatio brevis et sincera auctoris Hungari de genta serba perperam Rasciana dicta ejusque meritis ac fatis in Hungaria cum appendice privi niorum eidem genti elargitorum". The Latin text was translated into German -- "Kurzgefasste Abhandlung über die Verdienste und Schicksale der serbischen aber racischen Nation in Hungarn, mit einem Anhange der derselben verliehenen Privilegien" (Concise treatise on the merits and destinies of the Serbian nation in Hungary, with an addition of the privileges conferred on them) and published.
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He had to mask behind male bravado, cultural and religious dicta, and diplomatic constraints. But he was willing to overlook and deny everything in pursuit of love.” Hwang talked to several people with nonconforming gender identities to get better insight into the character of Song, but he ultimately stressed that the character is not transgender. “He recognized how Song might be differently received by a modern audience more savvy about the wide spectrum of gender identity.” Ilka Saal writes: “The playwright uses the figure of the transvestite to lay bare the construction and performativity of gender and culture.
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But in the absence of any other evidence the presumption will still apply. The earliest known case where the presumption has been cited dates from 1677.Grey v Grey (1677) 2 Swans 594; 36 ER 742 In the Hong Kong case of Suen Shu Tai v Tam Fung Tai [2014] HKEC 1125 the Court of Appeal of Hong Kong, in obiter dicta, preferred the modern approach in that the presumption of advancement applies equally where a mother transfers property to her child. However, it left open the question of whether the presumption applies where a mother transfers property to an adult independent child.
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Page from an incunable of Valerius Maximus, Facta et dicta memorabilia, printed in red and black by Peter Schöffer (Mainz, 1471) Roman law addressed the rape of a male citizen as early as the 2nd century BC,Richlin, "Not before Homosexuality," p. 561. when it was ruled that even a man who was "disreputable and questionable" (famosus, related to infamis, and suspiciosus) had the same right as other free men not to have his body subjected to forced sex.As recorded in a fragment of the speech De Re Floria by Cato the Elder (frg. 57 Jordan = Aulus Gellius 9.12.
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Band recognitions include nominations from MTV Pilipinas Video Music Awards 2006 for Best Cinematography in a Video and Best Production Design in a Video for their song, "Complex." They've also had individual recognitions like in the NU 107 Rock Awards 2006, where Pochoy Labog was nominated for Vocalist of the Year and Best Male, and Boogie for Guitarist of the Year. The band was also nominated for the Rising Sun award. Dicta License also collaborated with Urbandub to do the theme song for the 2006 MTV Music Summit for HIV/AIDS, which was held December 2006 at The Fort Open Grounds.
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" However, because the case was not decided on these grounds, this statement is legally characterized as "dicta"—judicial commentary that is not relevant to the outcome of a case. Tarnow also found the testimony of Jennifer Gratz (MCRI's executive director) in the court to be evasive and misleading. His stated reason for refusing an injunction to remove the MCRI from the ballot was the MCRI "targeted all Michigan voters for deception without regard to race." He ruled that the Voting Rights Act was not violated because it "is not a general anti-voter fraud statute, but rather prohibits practices which result in unequal access to the political process because of race.
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Rabbi Yiḥya Ṣāleḥ (alternative spellings: Yichya Tzalach; Yehiya Saleh), known by the acronym of Maharitz (, Moreinu HaRav Yichya Tzalach), (1713 – 1805), was one of the greatest exponents of Jewish law known to Yemen. He is the author of a liturgical commentary entitled Etz Ḥayyim (The Tree of Life), in which he follows closely the legal dicta of Maimonides. Rabbi Yiḥya Ṣāleḥ is widely remembered for his ardent work in preserving Yemenite Jewish customs and traditions, which he articulated so well in his many writings, but also for his adopting certain Spanish rites and liturgies that had already become popular in Yemen.Shimon Greidi, Sefer Yamim Yedaberu, Tel-Aviv 1995, p.
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Shortly after the > decision, Attorney General John Ashcroft directed the adoption of the > Emerson court's view as the policy of the Justice Department in a memo to > all ninety-three United States Attorneys in November 2001. In contrast, > legal critics of the "individualist view" repudiated the Emerson analysis on > various grounds. Judge Robert M. Parker, while concurring in the Emerson > result, labeled the majority's analysis as obiter dicta, irrelevant to the > outcome of the case (see Emerson, Spitzer 2003). Moreover, the thoroughness > of the Emerson analysis was criticized because the court's rendered opinion > relied substantially on interpretations submitted in a "brief presented by > one party" (Spitzer 2003).
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It is presently not known whether Singapore courts will eventually adopt the current legal position in the United Kingdom. Chief Justice Chan Sek Keong observed during a 2010 lecture that what the High Court said about Anisminic in Stansfield was obiter dicta because the actual decision was "based on a breach of natural justice and not the doctrine of error of law".. The court had concluded that the ouster clause was ineffective in preventing judicial review of the minister's decision, as the plaintiff had not been given a fair opportunity to present its case with knowledge of the opponent's allegations.Stansfield, pp. 875–877, paras. 26–34.
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Some cases from the late 1950s and 1960s held that a potentially expatriating act could not actually cause loss of citizenship absent awareness that one had citizenship. Cites See further Later case law modulated this: in Breyer v. Meissner (2000), the Third Circuit stated in dicta that voluntary service in the Waffen-SS during World War II would constitute "unequivocal renunciation of American citizenship whether or not the putative citizen [was] then aware that he has a right to American citizenship".However, the Third Circuit upheld the district court's finding that the Waffen-SS service of plaintiff-appellant Johann Breyer was involuntary and that he had not thus relinquished U.S. citizenship.
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Justice Scalia wrote a dissenting opinion from the decision of the Court and believed that Rust mandated a ruling upholding the restriction. Scalia was joined by Chief Justice William H. Rehnquist and Associate Justices Sandra Day O'Connor and Clarence Thomas and wrote, "The [act] is a federal subsidy program, not a federal regulatory program... regulations directly restrict speech; subsidies do not." He disagreed with the majority's contention that there was viewpoint discrimination and argued that no specific viewpoint was restricted. Scalia was also concerned with dicta in the majority opinion that seemed to him to indicate a "fondness" for the concept of reform by using the courts.
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In other words, ratio decidendi is a legal rule derived from, and consistent with, those parts of legal reasoning within a judgment on which the outcome of the case depends. It is a legal phrase which refers to the legal, moral, political and social principles used by a court to compose the rationale of a particular judgment. Unlike obiter dicta, the ratio decidendi is, as a general rule, binding on courts of lower and later jurisdiction—through the doctrine of stare decisis. Certain courts are able to overrule decisions of a court of coordinate jurisdiction—however, out of interests of judicial comity, they generally try to follow coordinate rationes.
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Grosseteste also preached at the university and appears to have been called to preach within the diocese as well. He collected some of those sermons, along with some short notes and reflections, not long after he left Oxford; this is now known as his Dicta. His theological writings reveal a continual interest in the natural world as a major resource for theological reflection and an ability to read Greek sources (if he ever learned Hebrew, it would be not until he became bishop of Lincoln). His theological index (tabula distinctionum) reveals the breadth of his learning and his desire to communicate it in a systematic manner.
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"The appropriate criterion" for determining the limits of a seller's freedom to impose restrictions, according to the Federal Circuit, "is whether [the patentee's or licensor's] restriction is reasonably within the patent grant, or whether the patentee has ventured beyond the patent grant and into behavior having an anticompetitive effect not justifiable under the rule of reason". In so ruling, the Federal Circuit said that any sweeping statements by the Supreme Court about property rights, and about post-sale restrictions on customers' use of patented products not being patent infringement, are mere obiter dicta that may properly be disregarded in cases not involving price-fixes or tie-ins.
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New Catholic Dictionary. CatholicSaints.Info. 27 July 2012 Giles was a stranger to theological and classical learning, but by constant contemplation of heavenly things, and by the divine love with which he was inflamed, he acquired that fullness of holy wisdom which filled his contemporaries with wonder, and which drew men of every condition, even the Pope himself, to Perugia to hear from Giles' lips the Word of Life. The answers and advice these visitors received were remembered, talked over, and committed to writing, and thus was formed a collection of the familiar "Dicta" or "Sayings" of Brother Giles, which have often been edited in Latin and translated into different languages.
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The Exercitationes excited much attention, though they contain little or nothing beyond what others had already advanced against Aristotle. The first book expounds clearly, and with much vigour, the evil effects of the blind acceptance of the Aristotelian dicta on physical and philosophical study; but, as occurs with so many of the anti-Aristotelian works of this period, the objections show the usual ignorance of Aristotle's own writings. The second book, which contains the review of Aristotle's dialectic or logic, throughout reflects Ramism in tone and method. One of the objections to Descartes became famous through Descartes's statement of it in the appendix of objections in the Meditations.
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As a result of the Cone dicta, the appellees in Southland stipulated that the FAA applied to the states and did not argue the point much either in their brief or orally. The majority, Moses continued, repeated the error of Prima Paint' in grounding the FAA in the Commerce Clause. Burger's interpretation of the language that limited the covered contracts to maritime or commercial agreements was not only speculative but also wrong. That language had been added in an amendment offered by Senator Thomas J. Walsh, whose intent was to limit the scope of the act, not expand it, so it could not be applied to employment and insurance contracts.
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While in the continent of Europe assumption of arms has mostly remained free, in some countries arms may not be assumed or changed at will. In particular, there is some basis for the claim that it is unlawful to assume arms in England and Wales without the authority of the Crown. This is the view of the College of Arms and is supported by some dicta in court cases, including In re Berens, [1926] Ch. 596, 605–06, and Manchester Corporation v Manchester Palace of Varieties Ltd, [1955] P. 133 (the only modern decision of the Court of Chivalry). However, there is no holding by a modern court directly on point.
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He had, to a certain extent, relied on them in England, by arranging to travel to Monaco for the auction, and he had suffered loss in England where the car was found not to meet the description in the brochure. The car had, however, been subject to auction in Monaco where the bid sum was payable. The court held that the claimant's decision to bid and to commit himself to the purchase that was "by far the most significant" act, and that was done in Monaco. The judge offered the obiter dicta that had the claimant made a telephone bid from England, a different judgment would probably have been made.
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In 1677, the Medici commissioned Vittorio Crosten to build the ebony and ivory frame in which the lens has since been preserved. The frame is carved with floral motifs, images of scientific instruments and Latin inscriptions commemorating Galileo's achievements and his connection to the Medici family. A cartouche is inscribed "COELUM LINCEAE GALILEI MENTI APERTUM VITREA PRIMA HAC MOLE NONDUM VISA OSTENDIT SYDERA MEDICEA IURE AB INVENTORE DICTA SAPIENS NEMPE DOMINATUR ET ASTRIS" (The sky opened by the lynx-like thought of Galileo with this first glass lens showed stars never seen before, rightly called Medicean by their discoverer. The wise man indeed dominates the stars as well).
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Its main focus is the process of interpersonal relationships as a method of facilitating healthier living, rather than diagnosing intrapsychic psychopathology, and attempting to change it through coercion and analysis (psychology and psychotherapy).Sociotherapy Association The Society for the Furtherance of Sociotherapy says: "Sociotherapy operates through a holistic vision of mankind. That is to say that the human being is seen as a somatic, psychic, social and spiritual unity, which is unique because of his own history of growth."Sociotherapy in the clinic of Foundation Centrum '45, general methods of approach of Sociotherapy Definition of sociotherapy as a social science and profession is also based on regional dicta.
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This fort was probably destroyed during a battle against the Scythian around 500 BC. Members of the Germanic Silingi tribe who did not participate in the Migration Period but stayed in Silesia chose the place in the 4th century as their fortified center of a Germanic settlement area between "mons Silencii" (Ślęża) and the river "Selenca" (Ślęza). Slavs arrived after the 6th century and called this place "Nemci" ( = mute, metaphorically "those who do not speak our language").Weczerka, p.362 Thietmar of Merseburg later described "Nemzi" as "eo quod a nostris olim sitcondita, dicta" (Nemzi is called like that because it is, according to reports, founded by our people).
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Chng Suan Tze v. Minister for Home Affairs is a seminal case in administrative law decided by the Court of Appeal of Singapore in 1988. The Court decided the appeal in the appellants' favour on a technical ground, but considered obiter dicta the reviewability of government power in preventive detention cases under the Internal Security Act ("ISA"). The case approved the application by the court of an objective test in the review of government discretion under the ISA, stating that all power has legal limits and the rule of law demands that the courts should be able to examine the exercise of discretionary power.
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The section was presumably intended to cover all possible court applications that might be brought against executive directions and orders made under the ISA. Section 8B(1) returned the law governing judicial review to that "applicable and declared in Singapore on the 13th day of July 1971", the day Lee Mau Seng was decided. In addition, the provision stated that no decision on or after the date from any other Commonwealth country would apply in Singapore. This was intended to overturn the dicta in Chng Suan Tze that an objective test was to be preferred, and to restrict the courts to applying the subjective test.
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A wide variety of sign languages are used in the EU, with around 500,000 people using a sign language as their first language. None of these languages are recognised as an official language of an EU member state, with the exception of Ireland passing the Irish Sign Language Act 2017 that granted it official status alongside Irish and English, and only two states (Finland and Portugal) refer to sign languages in their constitution. Several NGOs exist which support signers, such as the European Union of the Deaf and the European Sign Language Centre. The European Commission has also supported some initiatives to produce digital technologies that can better support signers, such as Dicta-Sign and SignSpeak.
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It had to be implicitly limited in scope. The House of Lords rejected this argument, holding both the Parliament Act 1949 and the Hunting Act 2004 to be completely valid. However, in obiter dicta Lord Hope did argue that the "rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based", that Parliamentary sovereignty "is no longer, if it ever was, absolute", it cannot be used to defend unconstitutional Acts (as determined by the courts).[2005] UKHL 56, [120] 'Parliamentary sovereignty is an empty principle if legislation is passed which is so absurd or so unacceptable that the populace at large refuses to recognise it as law'.
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Only the ratio decidendi (that is, the legal principle that determines the outcome) of a case is binding according to the doctrine of stare decisis; other legal principles expressed that are not crucial to the final decision (obiter dicta) are only persuasive.Chan, pp. 113–121. As English courts do not form part of Singapore's hierarchy of courts, decisions of such courts are not binding on Singapore courts. However, as a result of Singapore's colonial heritage, English judicial precedents continue to exercise a strong influence on the legal system and are regarded as highly persuasive, particularly as regards the development of the common law, and the interpretation of English statutes applicable in Singapore and Singapore statutes modelled on English enactments.
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Chief Justice Li, Justice Chan PJ, Justice Ribeiro PJ and Sir Anthony Mason NPJ, having considered all the statutory restrictions on the freedom of assembly and the statutory safeguards listed above, held that the notification system was constitutional. However, they held that the norm of "ordre public", which existed as a statutory legitimate purpose at that time, was too vague at statutory level and hence could not be said to be prescribed by law. "Ordre public" was as a result severed, but the term "public order" was sufficiently precise to survive. They also remarked in dicta that the norm of "protection of the rights and freedoms of others" was too wide and did not satisfy the legal certainty requirement.
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From the same word comes monere, 'remind,' because he who reminds is just like memory; so are derived monimenta, 'memorials'" (Meminisse a memoria, cum id quod remansit in mente rursus movetur; quae a manendo ut manimoria potest esse dicta. Itaque Salii quod cantant: Mamuri Veturi, significant memoriam veterem. Ab eodem monere, quod is qui monet, proinde sit ac memoria; sic monimenta … ), as translated in Mary Jaeger, Livy's Written Rome (University of Michigan Press, 1997), p. 15. Plutarch, in an extended passage on the shields in his Life of Numa, also notes that Mamurius was invoked by the Salii, but that "some say" the phrase means not the name, but veterem memoriam, an "ancient remembrance.
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George Isaac "Mule" Armstrong (July 28, 1885 - April 27, 1954) was a Negro leagues catcher for several years before the founding of the first Negro National League. 1910 St. Paul Gophers While catching for the Buxton Wonders, a traveling team from Buxton, Iowa, Armstrong and teammate Lefty Pangburn were picked up by the St. Paul Colored Gophers where he played for two seasons in 1910 and 1911 (the second season the team changed their name to the Twin Cities Gophers). In 1912, he and fellow players Dicta Johnson and Bee Seldon moved to the French Lick Plutos of Indiana. Armstrong and Bingo DeMoss moved to the Chicago Giants in the following year.
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Morton was by temperament an excellent judge, thorough, strong and reliable rather than brilliant, rapid in assimilating materials and in dispatching business, always accessible, of sufficient learning, courageous in deciding according to his convictions, and of unusual practical sagacity and native shrewdness. Possessed of a direct and vigorous sense of justice, he viewed cases comprehensively, aiming at substantial justice rather than "the sharp quillets of the law". His summaries to juries were characterized by their simplicity, intelligibility, accurate sense of proportion, and impartiality. His judgments, of which over twelve hundred are recorded in the Massachusetts Reports, are compact, clear, and forcible, and, in the opinion of his associates, contain few dicta which will require overruling or qualifications.
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There was nothing in the RICO statute explicitly or implicitly preventing state courts from considering civil RICO claims. Justice White issued a concurring opinion stating that any concern that the concurrent authority of state courts to decide RICO claims would lead to disruptive constructions of federal criminal statutes was not dispositive since state criminal law is similar to federal criminal law. In addition, any incorrect state decisions could be corrected by the Supreme Court. Justice Scalia wrote a concurring opinion to address dicta from the Gulf Offshore case that had been included in the Tafflin majority opinion that suggested that implications from legislative history could be used to imply that state courts lacked concurrent jurisdiction over federal claims.
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The State Department now requires that a relinquisher seeking to obtain a Certificate of Loss of Nationality attend an in-person interview at a U.S. diplomatic mission abroad, such as the U.S. Consulate in Amsterdam (pictured), to assess the person's intent towards U.S. citizenship. Beginning with the Expatriation Act of 1907, Congress began to define concrete acts from which the intent to give up citizenship would be inferred, in what Nora Graham describes as the start of "the process of the government transforming voluntary expatriation into denationalization". The constitutional basis for this was not the Naturalization Clause, as Supreme Court dicta limited the scope of this power. Rather, the government successfully argued for decades, beginning in Mackenzie v.
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If the question states a specific jurisdiction then it is proper to include rules specific to that jurisdiction. Another distinction often made in the rule section is a clear delineation of rules that are in holding, and binding based on the authority of the hierarchy of the court, being ratio decidendi, and being the majority ruling, or simply persuasive. There are occasions when rules are adopted on the basis they are the only clearly articulated rules on the issue, in spite of being minority decisions, obiter dicta, and from lower courts, in other jurisdictions, which have never been contradicted. The rules help make a correct legal analysis of the issue at hand using the facts of the case.
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The different roles of case law in civil law and common law traditions create differences in the way that courts render decisions. Common law courts generally explain in detail the legal rationale behind their decisions, with citations of both legislation and previous relevant judgments, and often an exegesis of the wider legal principles. These are called ratio decidendi and constitute a precedent binding on other courts; further analyses not strictly necessary to the determination of the current case are called obiter dicta, which have persuasive authority but are not technically binding. By contrast, decisions in civil law jurisdictions are generally very short, referring only to statutes, not very analytical, and fact-based.
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His earliest extant poem, Complaint of a Prisoner in the Fleet, written in English and preserved in manuscript at Trinity College, Cambridge, describes him as a prisoner in the Fleet, and begins with a 'prohemium vnius Prisonarii.' The poem was composed between some time after Michaelmas 1462 and 24 March 1463. For Prince Edward's use Ashby prepared two English poetical treatises that may have been designed as one poem: one entitled De Activa Pollecia Principis, which opens with an address to 'Maisters Gower, Chaucer, and Lydgate,' and the second called Dicta et Opiniones Diversorum Philosophorum, with translations into English verse. The combined work, Ashby states, was produced when he had attained the age of eighty.
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In his entry on the Querquetulanae, Festus says that their name was thought to signify that they were nymphs presiding over the oak grove as it began to produce green growth, and that the Porta Querquetulana was so called because this kind of woodland (silva) was just within the gate.Querquetulanae virae putantur significari nymphae praesidentes querqueto virescenti, quod genus silvae iudicant fuisse intra portam, quae ab edo dicta sit Querquetularia: Festus-Paulus p. 314 in the edition of Lindsay. Festus says that virae in archaic Latin meant feminae, "women", as if it were the feminine form of vir, "man", and that the words virgines (singular virgo) and viragines (virago) reflect this older usage.
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The Federal Circuit held that patent rights are not property interests under the Fifth Amendment, reasoning that § 1498's "new and limited waiver of sovereign immunity" would have been unnecessary if Congress intended for patents to be compensable rights under the Takings Clause. The Federal Circuit so ruled despite a number of obiter dicta in previous decisions that assumed that patent infringement was a taking of property. The Federal Circuit's ruling is consistent with current Supreme Court takings jurisprudence, however, because patent infringement does not usually deprive the patentee of substantially all of the value of the patent.See (no taking because NYC's action did not deprive Penn Central of substantially all of the value of Grand Central Station).
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Marshall's prosaic and eminently quotable opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related discovery doctrine. However, the vast majority of the opinion is dicta; as valid title is a basic element of the cause of action for ejectment, the holding does not extend to the validity of M'Intosh's title, much less the property rights of the Piankeshaw. Thus, all that the opinion holds with respect to aboriginal title is that it is inalienable, a principle that remains well-established law in nearly all common law jurisdictions. Citation to Johnson has been a staple of federal and state cases related to Native American land title for 200 years.
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National Archives Close-up image of the Second Amendment The Second Amendment (Amendment II) to the United States Constitution protects the individual right to keep and bear arms. It was ratified on December 15, 1791, along with nine other articles of the Bill of Rights. In District of Columbia v. Heller (2008), the Supreme Court affirmed for the first time that the right belongs to individuals, for self-defense in the home, while also including, as dicta, that the right is not unlimited and does not preclude the existence of certain long-standing prohibitions such as those forbidding "the possession of firearms by felons and the mentally ill" or restrictions on "the carrying of dangerous and unusual weapons".
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The Court of Appeal went even further in a recent debt repayment case, Collier v P&M; J Wright (Holdings) Ltd.[2007] EWCA Civ 1329. This decision essentially copies the obiter dicta of Lord Denning MR in D & C Builders v Rees [1966] 2 QB 617 Arden LJ argued that a partner who had been assured he was only liable to repay one third of the partnership's debts, rather than be jointly and severally liable for the whole, had relied on the assurance by making repayments, and it was inequitable for the finance company to later demand full repayment of the debt. Hence, promissory estoppel could circumvent the common law rule of Foakes.
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A new GMC President, Sir John (later Lord) Richardson set about implementing the reforms. The council became ‘more democratic and a good deal less straight-laced … rather more concerned with shortcomings which prejudice good patient care and rather less with private sexual relations, and allegations of self-advertisement … more argument in the chamber and less unquestioning acceptance of the dicta of committee chairman and the secretariat’ Gould, Donald: The Black and White Medicine Show. Hamish Hamilton 1985 pp. 110-11 () O’Donnell felt the impetus for change came to a halt when Richardson retired. In 1989 he told an interviewer that, though the GMC had changed for the better, many of the changes were cosmetic.
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In Bakke, the Court held that racial quotas are unconstitutional, but that educational institutions could legally use race as one of many factors to consider in their admissions process. In Grutter and Gratz, the Court upheld both Bakke as a precedent and the admissions policy of the University of Michigan Law School. In dicta, however, Justice O'Connor, writing for the Court, said she expected that in 25 years, racial preferences would no longer be necessary. In Gratz, the Court invalidated Michigan's undergraduate admissions policy, on the grounds that unlike the law school's policy, which treated race as one of many factors in an admissions process that looked to the individual applicant, the undergraduate policy used a point system that was excessively mechanistic.
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Single- and double- engine engine flameouts plagued the program between June 1965 and July 1967, when fuel control problems were finally corrected. No aircraft were destroyed but one was out of service for six months after it crash-landed in a field near Albuquerque. By May 1968 stress cracks began appearing in the wing spars and ribs of all the RB-57Fs outboard of the main engines and numerous groundings forced the cancellation of many operational missions. Some aircraft were sent to General Dynamics for repairs but under Big Safari dicta the cost of repairing all of the aircraft was excessive and resulted in five being placed in storage at Davis-Monthan AFB in 1972 and another three in 1973.
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Shia jurisprudence became known as Ja'fari jurisprudence after Ja'far al-Sadiq, whose legal dicta were the most important source of Shia law. Like Sunni law, Ja'fari jurisprudence is based on the Quran and the Hadith, and also based on the consensus (Ijma). Unlike the Sunnis, Shias give more weight to reasoning ('Aql), while Sunnis only allow for a kind of analogical reasoning (Qiyas). Al-Sadiq is presented as one who denounces personal opinion (Raʾy) and analogical reasoning (qiās) of his contemporaries arguing that God's law is occasional and unpredictable, and that the servants' duty is not to embark on reasoning in order to discover the law, but to submit to the inscrutable will of God as revealed by the imam.
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Ferguson (joined by all Supreme Court Justices other than John Marshall Harlan), the Supreme Court (in dicta) stated that bans on interracial marriage are constitutional (in spite of them technically being in violation of the freedom of contract, since marriage is technically a contract) and that they are within the police power of the state to make and enforce.) Moreover, only by indirection did the Court address the question of whether, since it was a first offense, the sentence should have been for no more than six months. In any event, the Court had upheld the Alabama laws, and no southern state, for the next eight decades, displayed any inclination to repeal such laws. Certainly, Alabama did not. The Supreme Court's decision in Pace v.
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The case Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound) [1961] AC 388 is comparable on its commentary on reasonable foreseeability to Chapman v Hearse. The obiter dicta from Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound) [1961] AC 388 argued that a reasonable man, concerned for the safety of others would avoid the risk of putting others in harms way.Overseas Tankship (UK) Ltd v Morts Dock & Engineering Company Ltd [1961] UKPC 2 (18 January 1961). In relation to Chapman v Hearse, it contextualises how the appellant should have considered the implications of his actions on others and whether the end result of the appellants negligence (the death of Dr Cherry) was truly reasonably foreseeable.
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Based on previous judgments as Hughes v Metropolitan Railway Co, Denning J held that the full rent was payable from the time that the flats became fully occupied in mid-1945. However, he continued in an obiter statement that if Central London had tried to claim for the full rent from 1940 onwards, they would not have been able to. This was reasoned on the basis that if a party leads another party to believe that he will not enforce his strict legal rights, then the courts will prevent him from doing so at a later stage. Being obiter dicta and in a court of first instance this was doubly not a binding precedent, yet it essentially created the doctrine of promissory estoppel.
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The Vellama decision has also been described as enshrining the principle of judicial independence and impartiality in Singapore by dispelling unfounded beliefs by some members of the public that the judiciary is subject to influence by the legislative and executive branches of government. It has also been said that the decision serves as a definition and recognition of the rights of Singaporeans with regards to whether a by-election must be called.. However, because Vellama's appeal was in fact dismissed for lack of standing,"Hougang By-election Judgment", pp. 12 and 14. the holding of the Court with regards to the Prime Minister's discretion in calling a by-election was obiter dicta and, strictly speaking, is not binding on other courts faced with a similar decision.
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Simon de Hesdin presents his translation of Valerius Maximus' 'Facta et dicta memorabilia' to Charles V, king of France The collection of Valerius was much used for school purposes, and its popularity in the Middle Ages is attested by the large number of manuscripts in which it has been preserved: indeed, B. G. Niebuhr went so far as to claim that it was then “the most important book next to the Bible”.Quoted in M Crab, Exemplary Reading (2015) p. 1 Like other schoolbooks it was epitomised: one complete epitome, probably of the 4th or 5th century, bearing the name of Julius Paris, has come down to us; also a portion of another by .H J Rose, A Handbook of Latin Literature (London 1966) p.
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The decision is regarded as the "first definitive statement of the doctrine of foreign state immunity."Caplan, Lee M. State Immunity, Human Rights, and Jus Cogens: A Critique of the Normative Hierarchy Theory, 97 Am. J. Int'l L. 741, 745 (2003)Ved P. Nanda, David K. Pansius. Litigation of International Disputes in U.S. Courts, §3.2 "Origin of Immunity," 2012. Also, the unwillingness of the Court to find jurisdiction without action by the political branches of government, along with some explicit dicta,"...the sovereign power of the nation is alone competent to avenge wrongs committed by a sovereign, that the questions to which such wrongs give birth are rather questions of policy than of law, [] they are for diplomatic, rather than legal discussion".
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Prince Osakabe was born to Emperor Tenmu and Kajihime no Iratsume in approximately 663 A.D. According to the Nihon Shoki in the fifth month, on the fifth day of 679 A.D. Prince Osakabe, Prince Kusakabe, Prince Otsu, Prince Takechi, Prince Kawashima, and Prince Shiki, all swore to Emperor Tenmu that they wouldn't engage in future succession disputes. This occurred after Emperor Tenmu ascended the throne after the Jinshin War. In the first months of 704 A.D. he, Prince Naga, Prince Toneri, and Prince Hozumi were collectively awarded two hundred households by Emperor Monmu and Empress Genmei. Along with Prince Kawashima, Osakabe was appointed to lead the emperor's 681 initiative, which was tasked with compiling the Imperial Chronicles and Fundamental Dicta.
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Vijñāneśvara's commentary "brings together numerous passages, explains away contradictions among them by following the rules of interpretation laid down in the Purva Mimamsa system, brings about order by assigning to various dicta their proper scope and province...and effects a synthesis of apparently unconnected injunctions."Kane, P. V., History of Dharmaśāstra, (Poona: Bhandarkar Oriental Research Institute, 1975), Volume I, Part II, 600. In this sense, the commentary is similar to a digest (nibandha) in that it attempts to draw into the commentary outside opinions about the same passages of the text which he is commenting on. Although he is commenting on the , he cites numerous earlier commentators as well, including Viśvarūpa,Author of the ', a commentary of the Mēdhātithi,An earlier commentator on the and Dhāreśvara.
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The District wished to move a voting location from a private home to a public school, but that change was subject to preclearance because Texas was a covered jurisdiction. The District did not register voters, and thus it did not appear to qualify as a "political subdivision" eligible to bail out of coverage. Although the court indicated in dicta (a non-binding part of the court's opinion) that Section 5 presented difficult constitutional questions, it did not declare Section 5 unconstitutional; instead, it interpreted the law to allow any covered local government, including one that does not register voters, to obtain an exemption from preclearance if it meets the bailout requirements. On November 9, 2012, the Supreme Court granted certiorari in the case of Shelby County v.
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Epiphanius used Physiologus in his Panarion and from his time numerous further quotations and references to the Physiologus in the Greek and the Latin Church fathers show that it was one of the most generally known works of Christian Late Antiquity. Various translations and revisions were current in the Middle Ages. The earliest translation into Latin was followed by various recensions, among them the Sayings of St. John Chrysostom on the natures of beasts,"Dicta Iohanni Crisostomi de natura bestiarum", edited by G. Heider in Archiv für Kunde österreichischer Geschichtsquellen (5, 552–82, 1850). A metrical Latin Physiologus was written in the 11th century by a certain Theobaldus, and printed by Morris in An Old English Miscellany (1872), 201 sqq.
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221 The advent of widespread insurance of employers has led to the recovery of indemnities being widely abandoned. This is illustrated by the British Insurance Association entering into a gentlemen's agreement not to utilise the rule: > "Employers' Liability Insurers agree that they will not institute a claim > against the employee of an insured employer in respect of the death of or > injury to a fellow-employee unless the weight of evidence clearly indicates > (i) collusion or (ii) wilful misconduct on the part of the employee against > whom a claim is made."Morris v Ford Motor Co Ltd [1973] QB 792, at 799 As such, indemnities are not pursued from employees. The decision in Lister was eventually reversed by the dicta of Lord Steyn in Williams v Natural Life Health Foods Ltd.
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Judicial support for the persistent objector rule is weak. The International Court of Justice has discussed the persistent objector rule in dicta in two cases: the Asylum case (Columbia v Peru, [1950] ICJ 6) and the Fisheries case (United Kingdom v Norway, [1951] ICJ 3). The Inter-American Commission on Human Rights rejected an attempted assertion of the persistent objector defence in Domingues v United States (2002) on the ground that the prohibition against the juvenile death penalty to which the United States objected was not merely customary international law but jus cogens, a norm from which no derogation was permitted. However, this could also be read as confirming that a persistent objector defence may successfully overcome a norm of international human rights law which has not attained the status of jus cogens.
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The Court concluded that the defendants, Rudzewicz and MacShara, sought out their franchise in the state of Florida and were availed of the protections of that state and were, therefore, subject to jurisdiction there. Additionally, the Court reasoned that the defendants had a "substantial and continuing" relationship with Burger King in Florida and that due process would not be violated because the defendants should have reasonably anticipated being summoned into court in Florida for breach of contract. The decision in Burger King Corp. v. Rudzewicz, has been criticized as complicating "personal jurisdiction jurisprudence by creating, in dicta, a new bifurcated test" that duplicates a venue analysis, adds little to the minimum contacts inquiry, hinders predictability, is a burdensome process, and potentially allows a plaintiff to manipulate a defendant's constitutional rights.
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The castle was the center of a 13th-14th century fief of an Oberland barons, though the name of the barons or the castle builder is unknown. The cave castle of Rotenfluh (first mentioned in 1298 as munitio immersive balma Rothenfluo dicta) at Tschingelsatz and Unspunnen Castle (first mentioned in 1232 as Uspunnun) were used to guard the late medieval Lütschinenbrücke, a bridge at Gsteig near Interlaken. In the 13th Century it belonged to the Herrschaft of Burkart of Thun, who acquired it through his 1224 marriage to the family of the Baron of Wädenswil. A division of inheritance, possibly in 1280, cut the Herrschaft in half, the Baron of Eschenbach got the castle and the surrounding villages while the Baron of Weissenburg got Rotenfluh Castle along with other villages.
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The House of Lords rejected this argument, holding both the Parliament Act 1949 and the Hunting Act 2004 to be valid. However, in obiter dicta Lord Hope argued that Parliamentary sovereignty "is no longer, if it ever was, absolute", and that the "rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based", and cannot be used to defend unconstitutional Acts (as determined by the courts).[2005] UKHL 56, [120] 'Parliamentary sovereignty is an empty principle if legislation is passed which is so absurd or so unacceptable that the populace at large refuses to recognise it as law'. There is not yet a consensus on the meaning of "Parliamentary sovereignty", except that its legitimacy depends on the principle of "the democratic process".
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The Reference expressly left undecided the question as to the extent of the federal power to negotiate, sign and ratify treaties that deal with areas falling within provincial jurisdiction. After 1949, the Supreme Court tended to side more with the federal government, and in 1955 subsequently ruled that international agreements between provinces and foreign governments were allowed only if they did not involve treaty obligations but merely reciprocal or concurrent legislative action. This judgment has generated extensive debate about the complications that were introduced in implementing Canada's subsequent international obligations, and it has been condemned for being out of touch with Canadian economic and political realities. The Supreme Court of Canada has indicated in several dicta that it may be ready to revisit the issue in an appropriate case.
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To his knowledge of the law he added a wide general culture, devoting his attention specially to dialectics, philology (grammatica), and antiquities, as valuable aids in the exposition, expansion, and application of legal doctrine.Gell. Xiii. 10 Down to the time of Hadrian his was probably the name of greatest authority; and several of his works were abridged and annotated by later hands. While Capito is hardly ever referred to, the dicta of Labeo are of constant recurrence in the writings of the classical jurists, such as Gaius, Ulpian and Julius Paulus; and no inconsiderable number of them were thought worthy of preservation in Justinian's Digest. Labeo gets the credit of being the founder of the Proculian school, while Capito is spoken of as the founder of the rival Sabinian one;Pomponius in fr.
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339, 345 (1998) (dicta).. Where a principal can establish both a fiduciary duty and a breach of that duty, through violation of the above rules, the court will find that the benefit gained by the fiduciary should be returned to the principal because it would be unconscionable to allow the fiduciary to retain the benefit by employing his strict common law legal rights. This will be the case, unless the fiduciary can show there was full disclosure of the conflict of interest or profit and that the principal fully accepted and freely consented to the fiduciary's course of action. Remedies will differ according to the type of damage or benefit. They are usually distinguished between proprietary remedies, dealing with property, and personal remedies, dealing with pecuniary (monetary) compensation.
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His chief work was his De gratia Dei et libero arbitrio (432), written against John Cassian's Collatio. He also induced Pope Celestine to publish an open letter to the bishops of Gaul, Epistola ad episcopos Gallorum against some members of the Gaulish Church. He had earlier opened a correspondence with Augustine, along with his friend Hilary (not Hilary of Arles), and although he did not meet him personally, his enthusiasm for the great theologian led him to make an abridgment of his commentary on the Psalms, as well as a collection of sentences from his works—probably the first dogmatic compilation of that class in which Peter Lombard's Liber sententiarum is the best-known example. He also put into elegiac metre, in 106 epigrams, some of Augustine's theological dicta.
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In his preface, Valerius intimates that his work is intended as a commonplace book of historical anecdotes for use in the schools of rhetoric, where the pupils were trained in the art of embellishing speeches by references to history. According to the manuscripts, its title is Factorum ac dictorum memorabilium libri IX (shorter title Facta et dicta memorabilia), "Nine Books of Memorable Deeds and Sayings." The stories are loosely and irregularly arranged, each book being divided into sections, and each section bearing as its title the topic, most commonly some virtue or vice, or some merit or demerit, which the stories in the section are intended to illustrate. Most of the tales are from Roman history, but each section has an appendix consisting of extracts from the annals of other peoples, principally the Greeks.
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He cited archaeology, geology, climatology, and biology as useful disciplines for explaining the past in a more comprehensive and insightful manor than typically practiced.Wedel, W.R.: "Primitive man in the Boulder Area". Natural History of the Boulder Area, University of Colorado Museum Leaflet, 13, 90-96, 1964 He also was a long advocate for the use of the scientific method in archaeology, stating: > …I hold that, whatever its ultimate goal, archaeology can progress surely > only as its practitioners adhere to the method and attitude of science – in > essence, the acceptance of observed and verifiable facts, the eschewing of > unsupported speculations and personal dicta, and a circumspect tolerance of > that for which the observational, experimental, or experiential evidence is > not immediately at hand.Wedel, W.R.: "Facts and Comments on the Illinois > Confederacy and Middle Mississippi Culture in Illinois".
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In a unanimous decision, the court held that the words "adult person" in section 41 were fixed with the meaning they had when the Constitution came into effect, and thus applied only to people aged over 21. Justice Stephen summed up the court's opinion: > "The ordinary legal meaning of "adult"... was, at Federation, and had for > centuries been, that of a person who had ceased to be an infant and had > attained full age by attaining the age of twenty-one years." Because the whole court decided that King was not an "adult person", and that section 41 did not apply to her, the court did not need to decide about the nature of section 41, whether it was a guarantee or a transitional provision. However, some of the judges did address the issue in obiter dicta.
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However, some of his music quite ignores the reformist dicta of the Council; most notorious is a four-voice motet Noe noe, which is a double canon by inversion, in which it would require an exceedingly keen ear to hear the text: and intelligibility of the text was the one demand made by the Council of Trent of any composer of sacred polyphony. His masses are simple, short, and relatively homophonic, often outdoing Palestrina for clarity and simplicity. His madrigals tend to be conservative, frankly ignoring the innovations of composers such as Luzzaschi and Marenzio who were experimenting with vivid chromaticism and word-painting around the same time. He wrote two books of masses, in 1573 and 1587; at least three books of motets (some may have been lost); and eight books of madrigals, for four to six voices.
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After the Spanish Civil War a new façade of the church was built (between 1942 and 1968), the work of Francesc Folguera i Grassi and decorated with sculptural reliefs of Joan Rebull (St. Benedict, Proclamation of the dogma of the Assumption of Mary by Pius XII and St. George, with a representation of the monks who died during the Spanish Civil War), as well as the inscription Urbs Jerusalem Beata Dicta Pacis Visio ("Blessed city of Jerusalem, called the vision of peace"). At the foot of the frieze with the relief of St. George is sculpted the phrase "Catalonia will be Christian or it will not be", attributed to the bishop Josep Torras i Bages, which has been assumed as a political motto of Catholic root. This facade precedes the church proper, which is accessed through an atrium.
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Persuasive precedent (also persuasive authority) is precedent or other legal writing that is not binding precedent but that is useful or relevant and that may guide the judge in making the decision in a current case. Persuasive precedent includes cases decided by lower courts, by peer or higher courts from other geographic jurisdictions, cases made in other parallel systems (for example, military courts, administrative courts, indigenous/tribal courts, state courts versus federal courts in the United States), statements made in dicta, treatises or academic law reviews, and in some exceptional circumstances, cases of other nations, treaties, world judicial bodies, etc. In a "case of first impression", courts often rely on persuasive precedent from courts in other jurisdictions that have previously dealt with similar issues. Persuasive precedent may become binding through its adoption by a higher court.
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" He noted that it "give[s] us a series of fascinating biographical and anecdotal items strung loosely on the thread of developing scientific knowledge.""Views on Science Books," The Horn Book Magazine, February 1968, pp. 81-83. Philip and Phylis Morrison in Scientific American felt it "manages to convey a sense of coherence, even though it deals at staccato length with so many men, trends and ideas ... The reason is partly in the expert writing-- smooth, unusually candid, cheerful and sometimes a bit condescending (as in the two or three pages about Veblen)." They add that "[n]ot all the dicta of the authors seem reasonable, but to find any personal judgment at work is so rare in this kind of pedagogy that one is pleased by the De Camps even when one disagrees with them.
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362, para. 43. The principle against a public authority fettering its discretion by rigid adherence to a policy also applies to the exercise of discretionary police powers, as indicated by obiter dicta in the High Court case of Chee Soon Juan v. Public Prosecutor (2011).. Although the case did not involve judicial review and did not specifically cite Lines International, Justice Woo Bih Li discussed the validity of a general police policy in the context of judicial review, opining that the adoption of a policy "determining that political activities as a class posed a greater threat to public order than commercial activities ... was not in itself offensive for the purposes of administrative law provided that the police do not fetter their discretion and remain prepared to consider the facts of each case".Chee Soon Juan, p.
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On March 31, 1987, New Jersey Superior Court Judge Harvey R. Sorkow formally validated the surrogacy contract and awarded custody of Melissa to the Sterns under a "best interest of the child analysis." During about a year of visits ordered previously by the Family Court, and visits allowed under the final decision, Whitehead took several actions either to claim the child, or incite the Sterns, including returning her wearing a hand-lettered shirt saying "I have a brother and sister." On February 3, 1988, however, the Supreme Court of New Jersey, led by Chief Justice Robert Wilentz, invalidated surrogacy contracts as against public policy but in dicta affirmed the trial court's use of a "best interest of the child" analysis and remanded the case to family court. On remand, the lower court awarded custody to the Sterns and Whitehead was given visitation rights.
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Windeyer J noted that no one could bring an action for negligence based on anything done in the course of war operations, but that members of the armed services are liable to civilians injured by negligent acts during peacetime. Because Parker was a civilian the Australian Government was liable. Windeyer J however made the following obiter dicta observation: > ... as I see the matter at present, the law does not enable a serving member > of any of Her Majesty's forces to recover damages from a fellow member > because acts done by him in the course of his duty were negligently done. Despite this case however, the Australian Government adopted a policy that when sued by a member of the military it would not challenge whether a member of the military could sue for damage caused by the negligence of another member of the military.
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Miller (1939), the Court again recognized that the right to arms is individually held and, citing the Tennessee case of Aymette v State, indicated that it protected the right to keep and bear arms that are "part of the ordinary military equipment" or the use of which could "contribute to the common defense." In its first opportunity to rule specifically on whose right the Second Amendment protects, District of Columbia v. Heller (2008), the Court ruled that the amendment protects an individual right "to keep and carry arms in case of confrontation," not contingent on service in a militia, while indicating, in dicta, that restrictions on the possession of firearms by felons and the mentally ill, on the carrying of arms in sensitive locations, and with respect to the conditions on the sale of firearms could pass constitutional muster. In the 2010 case of McDonald v.
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Marsh v. Brooks II (1852) Marsh v. Brooks (1852) involved the same parties that had been before the Court in 1850. Having re-filed in federal court, the plaintiffs again prevailed, and this time, the Court (again, the opinion authored by Justice Catron) affirmed.Marsh v. Brooks, 55 U.S. (14 How.) 513 (1852). In dicta, the Court offered the following interpretation of the status of aboriginal title in the Spanish Louisiana territory: > That the Sacs and Foxes did claim the country generally, where this land > lies, is not controverted; nor was their claim ceded to the United States > till 1824. And this raises the question whether, according to Spanish usage, > whilst that power governed Louisiana, an existing Indian claim to territory > precluded inhabitation and cultivation under a permit to inhabit and > cultivate a particular place designated in the permit, and which was in the > Indian country.
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Certain facts of their lives have been attributed to him, as well as some of their works: thus the Life of St Bernard should be ascribed to Alain of Auxerre and the Commentary upon Merlin to Alan of Tewkesbury. Alan of Lille was not the author of a Memoriale rerum difficilium, published under his name, nor of Moralium dogma philosophorum, nor of the satirical Apocalypse of Golias once attributed to him; and it is exceedingly doubtful whether the Dicta Alani de lapide philosophico really issued from his pen. On the other hand, it now seems practically demonstrated that Alain de Lille was the author of the Ars catholicae fidei and the treatise Contra haereticos. In his sermons on capital sins, Alain argued that sodomy and homicide are the most serious sins, since they call forth the wrath of God, which led to the destruction of Sodom and Gomorrah.
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More than 600 artists have performed at 6UG. Among them were 6 Cycle Mind, 18th Issue, Angulo,Bahaghari: "We offer fame", page 20, FHM Philippines Magazine, August 2006 Badburn, Callalily, Chicosci,Ramos, E: "Ebonics Emo", page 4, Fudge Magazine, December 2006 Cynthia Alexander, Champagne, Daydream Cycle, Death by Stereo, Dicta License, Enemies Of Saturn, Erektus, Faspitch, Furlong, Francis M, Greyhoundz, Hale, Imago (band), Itchyworms, Join d Club, Juana, Julianne, Jun Lopito, Kala, Kapatid (band),"Big Brother, Kapatid's Comeback Gig", page 130, Rogue Magazine, March 2009 Kiko Machine, Kjwan, Lokomotiv, Mayonnaise, Menaya, Narda, Paramita, Parokya Ni Edgar, Pedicab, Pepe Smith, Pupil (band), Queso, Radioactive Sago Project, Razorback (band), Rocksteddy, Sandwich, Session Road, Sinosikat?, Slapshock, Sponge Cola, Stonefree, Sugarhiccup, Black Manika, Kadja Odja, Tropical Depression, Tuesday Vargas, Typecast (band), Up Dharma Down,Sarmiento, A: "A whole lotta music...", page 3, Anthem Magazine, March 2007 Urbandub, Vinyard, Wickermoss, and many others.
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Negligent misstatement is not strictly part of the law of misrepresentation, but is a tort based upon the 1964 obiter dicta in Hedley Byrne v Heller Hedley Byrne v Heller [1964] A.C. 465 where the House of Lords found that a negligently-made statement (if relied upon) could be actionable provided a "special relationship" existed between the parties.In Hedley Byrne v Heller, the "special relationship" was between one bank who gave a financial reference to another bank. Subsequently in Esso Petroleum Co Ltd v Mardon,Esso Petroleum Co Ltd v Mardon [1976] Q.B. 801 Lord Denning transported this tort into contract law, stating the rule as: ...if a man, who has or professes to have special knowledge or skill, makes a representation by virtue thereof to another…with the intention of inducing him to enter into a contract with him, he is under a duty to use reasonable care to see that the representation is correct, and that the advice, information or opinion is reliable'.
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The court observed that the Court of Appeal in Chng Suan Tze had allowed the appeal solely on a technical ground – that the respondents had not adduced sufficient evidence of the President's satisfaction. Other matters mentioned in that judgment were merely obiter dicta. Therefore, although it had been held in Chng Suan Tze that the President's satisfaction under section 8(1) of the ISA was objective and thus reviewable by the court, these observations did not apply to the present proceedings in the light of the new provisions in the ISA. Section 8B(1), which stated that the law governing the judicial review of any decision made or act done in pursuance of any power conferred upon the President or the Minister by the Act shall be the same as was applicable and declared in Singapore on 13 July 1971, reaffirmed the law governing judicial review as laid down in the High Court's 1971 decision Lee Mau Seng v.
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Justice John McLean also dissented from the Court's decision, deeming the argument that black people could not be citizens "more a matter of taste than of law." He attacked much of the Supreme Court's decision as obiter dicta that was not legally authoritative on the ground that once the court determined that it did not have jurisdiction to hear Scott's case, it should have simply dismissed the action, rather than passing judgment on the merits of the claims. The dissenting opinions by Curtis and McLean also attacked the Court's overturning of the Missouri Compromise on its merits. They noted that it was not necessary to decide the question and that none of the authors of the Constitution had ever objected on constitutional grounds to the Congress's adoption of the antislavery provisions of the Northwest Ordinance passed by the Continental Congress or the subsequent acts that barred slavery north of 36°30' N.
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Many of these decisions are based on the extraterritoriality doctrine that was abolished by Howard and Evans. They often rely on dicta in the Supreme Court's 1973 "Mississippi Tax I opinion" (United States v. State Tax Commission of Mississippi) which ignored Howard and Evans and instead favorably quoted the district court's assertion that enclaves are "foreign land" and "federal islands which no longer constitute any part of Mississippi nor function under its control". Nevertheless, Mississippi Tax I's holding—that the Twenty-first Amendment did not authorize a state "markup" on liquor—made it unnecessary to discuss enclave jurisdiction, so the "foreign lands" language was quite unnecessary.See discussion in Haines, supra note 3 at 104–106. On the other hand, in 1990, the Supreme Court treated Mississippi Tax I as an enclave case, citing it for the proposition that a state has no authority to regulate a transaction between an out-of-state liquor supplier and a federal military base under exclusive federal jurisdiction.
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4th 14, 23–24 As with Armijo, the Knight court upheld the challenged statute on the grounds that it did not constitute a "marriage" for purposes of Prop 22 or Section 300. The cases differed, however, in that Armijo appeared to rely on a narrow observation that a particular benefit was not exclusive to marriage, while Knight upheld a broad domestic partnership statute against challenges it left almost no substantive difference between the two institutions. Parties in subsequent cases, including the same-sex marriage cases, have noted the apparent split between the appellate courts with respect to its scope. As the ultimate rulings in these cases arguably did not require a finding that Prop 22 applies to in-state marriages (both were upheld against a challenge that they constituted marriage under Prop 22, the same result that would have obtained if they had ruled Prop 22 did not apply to in-state marriages), some argue that these findings are dicta.
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Pope Sixtus V was greatly devoted to the cult of the Virgin Mary and the Holy House of Loreto, purported to be the house in Nazareth in which the Virgin Mary was born or lived, and which was transported by angels to Tersatto, Croatia, in 1291.Pope Sixtus himself states in Pro excellenti § 1: in cuius medio inest illud sacrum cubiculum divìnis mysteriis consecratum, in quo dicta Virgo Maria naia fuit, et ibidem ipsa, ab angelo salutata, Salvatorem Mundi de Spiritu Sancto concepti, ministerio angelorum illuc translatum; et ad dictam ecclesiam, ob miracula, quae in dies omnipotens Dominus , intercessione et meritis eiusdem B. Mariae Virginis, in eodem cubiculo operari dignatur.... These legends can only be traced back to the 14th century. Loreto was an eccclesiastical territory belonging to no diocese and directly subject to the Holy See (Papacy). Pope Sixtus conceived of a plan to honor the Virgin by exalting the town where her shrine was located.
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Thus, relying on the Supreme Court's decision in California Democratic Party v. Jones, which had held that California's blanket primary violated the First Amendment (despite the fact that the Court explicitly differentiated — albeit in dicta — the blanket primary from the open primary in Jones), on McKinney's behalf, five voters claimed that the open primary system was unconstitutional, operating in violation of the Equal Protection Clause of the Fourteenth Amendment, the associational right protected by the First Amendment, and various statutory rights protected by § 2 of the Voting Rights Act. The district court dismissed the case, in the judgement stating the plaintiffs had presented no evidence in support of the 14th Amendment and Voting Rights Act claims, and lacked standing to bring the First Amendment claim. It interpreted the Supreme Court's Jones ruling to hold that the right to association involved in a dispute over a primary — and thus, standing to sue — belongs to a political party, not an individual voter.
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The courts have upheld most of these laws as being constitutional. The basis for the lower court rulings is the dicta in the paragraph near the end of the Heller ruling that states: Consistently since the Heller ruling, the lower federal courts have ruled that almost all gun control measures as presently legislated are lawful and that according to UCLA professor of constitutional law Adam Winkler: "What gun rights advocates are discovering is that the vast majority of gun control laws fit within these categories." Robert Levy, the executive director of the Cato Institute who funded the Heller litigation has commented on this passage describing constitutionally acceptable forms of prohibitions of firearms: "I would have preferred that that not have been there," and that this paragraph in Scalia's opinion "created more confusion than light." Similar to the lifting of gun bans mentioned previously in the settlements of lawsuits filed post-Heller, in US v.
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According to John H. Langbein, Sterling Professor of Law and Legal History at Yale University the trouble got off to a bad start with Justice John Paul Stevens' dicta in Massachusetts Mutual Life Insurance Co. v. Russell, 473 U.S. 134 (1985) a case where the plaintiff was an employee who after getting her improperly denied disability income insurance benefits paid in full also sought money damages for physical and emotional injury for the delay of six months while the employer had denied payment. Because Section 502(a)(2) of ERISA ran to the benefit of the employee benefit plan (rather than the employee) and because the Ninth Circuit gave the plaintiff victory based on that section instead of Section 502(a)(3) which ran to the employee, the case was presented to the High Court in an awkward procedural posture.What ERISA means by "Equitable": the Supreme Court's Trail of Error in Russell, Mertens, and Great-West, by John Langbein, 103 Colum.
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Deciding "the question upon general principles," Abinger, C.B. cautioned that if legal culpability was upheld under these circumstances "the principle of that liability will be found to carry us to an alarming extent." Id. at 308. He then put forward a number of examples in dicta illustrating the magnitude to which such a rule would cause principals to be responsible to their "inferior agents": If the owner of the carriage, therefore, is responsible for the sufficiency of his carriage to his servant, he is responsible for the negligence of his coach-maker, or his harness-maker, or his coachman. The footman, therefore, who stands behind the carriage, may have an action against his master for a defect in the carriage, owing to the negligence of the coach-maker, or for a defect in the harness arising from the negligence of the harness-maker, or for the drunkenness, neglect, or want of skill in the coachman.
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As The Devil's Dictionary became widely available, critical coverage of it increased.The Unabridged Devil's Dictionary, David E. Schultz and S. T. Joshi, eds.; Athens, GA: University of Georgia Press, 2000, “Introduction,” p. xxiv. The New York Times reviewed one reprinted edition: “It is a tour de force of no mean proportions, because it is possible to read it from cover to cover without being bored, so amusing are his unexpected turns of caustic humor, so brilliant his flagitious wit and so diverting the verses and dicta of non-existent philosophers as ‘Father Cassalasca Jape, S. J.’, with which he illustrates them.”Unsigned, “New Editions, Fine & Otherwise”. “New York Times”, 13 October 1935, pp. 16, 18. After receiving attention from reviewers in newspapers and commercial magazines, The Devil's Dictionary started to receive analyses from scholars in dissertations and academic journals. They investigated the place of Bierce's writing in the world's history of satire,Sheller, Harry Lynn (1945).
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James Madison believed that the mere existence of the Commerce Clause would bar states from imposing any duty of tonnage: "He was more and more convinced that the regulation of Commerce was in its nature indivisible and ought to be wholly under one authority." Roger Sherman disagreed: "The power of the United States to regulate trade being supreme can control interferences of the State regulations when such interferences happen; so that there is no danger to be apprehended from a concurrent jurisdiction." Sherman saw the commerce power as similar to the tax power, the latter being one of the concurrent powers shared by the federal and state governments. Ultimately, the Philadelphia Convention decided upon the present language about duties of tonnage in Article I, Section 10, which says: "No state shall, without the consent of Congress, lay any duty of tonnage..." The word "dormant", in connection with the Commerce Clause, originated in dicta of Chief Justice John Marshall.
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In his Facta et dicta memorabilia, Valerius Maximus makes reference to Jews and Chaldaeans being expelled from Rome in 139 BCE for their "corrupting" influences. According to Josephus, King Agrippa attempted to discourage the Jews of Jerusalem from rebelling against Roman authority by reference to Jews throughout the Roman Empire and elsewhere; Agrippa warned that "the danger concerns not those Jews that dwell here only, but those of them which dwell in other cities also; for there is no people upon the habitable earth which do not have some portion of you among them, whom your enemies might slay, in case you go to war..."Flavius Josephus, Wars of the Jews 2.16.4. The Provençal rabbi and scholar, Rabbi Abraham ben David, wrote in anno 1161: “A tradition exists with the [Jewish] community of Granada that they are from the inhabitants of Jerusalem, of the descendants of Judah and Benjamin, rather than from the villages, the towns in the outlying districts [of Palestine].”Seder Hakabbalah Laharavad, p.
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While the secondary literature refers to different means of "lifting" or "piercing" the veil (see Ottolenghi (1959)), judicial dicta supporting the view that the rule in Salomon is subject to exceptions are thin on the ground. Lord Denning MR outlined the theory of the "single economic unit" - wherein the court examined the overall business operation as an economic unit, rather than strict legal form - in DHN Food Distributors v Tower Hamlets.[1976] However this has largely been repudiated and has been treated with caution in subsequent judgments. In Woolfson v Strathclyde BC, the House of Lords held that it was a decision to be confined to its facts (the question in DHN had been whether the subsidiary of the plaintiff, the former owning the premises on which the parent carried out its business, could receive compensation for loss of business under a compulsory purchase order notwithstanding that under the rule in Salomon, it was the parent and not the subsidiary that had lost the business).
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In an earlier case, Wrotham Park Ltd v Parkside Homes Ltd,[1974] 1 WLR 798 Brightman J awarded a percentage of gains resulting from building a lot of homes in breach of a restrictive covenant, based on a sum that the parties would have been likely to contract for had they struck a bargain.Compare Surrey CC v Bredero Homes Ltd [1993] EWCA Civ 7, which was probably wrongly decided given the dicta in Blake. More recently in Experience Hendrix LLC v PPX Enterprises Inc[2003] EWCA Civ 323, [2003] 1 All ER (Comm) 830 Mance LJ held that a percentage of profits made by PPX breaching the intellectual property rights on songs by Jimi Hendrix would have to be paid up. So if in the course of a contract one party is in a position to take advantage of another's rights without their fully informed consent, a restitutionary remedy can be awarded.
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Laws LJ went on to hold that there was no question of implied repeal as there was no inconsistency between the European Communities Act and the Weights and Measures Act, since there can be no inconsistency between a provision of an Act granting a Henry VIII power and the terms of legislation adopted in application of that power. Furthermore, to say that Henry VIII clauses could only operate vis-a-vis legislation which was already in existence at the time the clause was passed would be to place a limitation on the legislative powers of Parliament and run contrary to the doctrine of Parliamentary sovereignty. Given this primary finding, the Court's observations about how the doctrine of implied repeal might or might not apply to "constitutional statutes" were obiter dicta, albeit potentially significant, given the standing of Laws as a leading public law judge. Notwithstanding that, the point has not been subject to much judicial elaboration since the Thoburn case.
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Retrieved March 7, 2015. The nationality status of a person born in an unincorporated United States Minor Outlying Island is not specifically mentioned by law, but under international law and Supreme Court dicta, they are also regarded as non-citizen nationals of the United States.8 FAM 302.1 Historical Background to Acquisition by Birth in United States Territories and Possessions United States Department of State. 8 FAM 302.1–4 Status of Inhabitants of Territories Not Mentioned in the Immigration and Nationality Act (INA). Retrieved Jun 9, 2020. The United States government position with regards to American Samoa began to be challenged in court in the 2010s, and has resulted in conflicting rulings: a 2016 ruling by the D.C. Circuit Court upheld the United States government's position interpretation that American Samoa is not "in the United States" for purposes of the Fourteenth Amendment and thus American Samoans are nationals but not citizens at birth,Tuaua v. United States, 788 F.3d 300, 301-02 (D.C. Cir.
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In July 2004, Abdurahman Khadr was denied a Canadian passport by Governor General Adrienne Clarkson on the explicit advice of her Foreign Affairs Minister, Bill Graham, who stated the decision was "in the interest of the national security of Canada and the protection of Canadian troops in Afghanistan." The government invoked Royal Prerogative in order to deny Khadr's passport, as national security was not at that time listed in the Canadian Passport Order as a ground for refusal. Shortly thereafter, on 22 September 2004, section 10.1 was added to the order, which allowed the minister to revoke or refuse a passport due to national security concerns. Khadr sought judicial review of the minister's decision to refuse his passport and, on 8 June of the following year, the Federal Court ruled that the government did not have the power to refuse to issue Khadr's passport in the absence of specific authority set out in the Canadian Passport Order, but stated in obiter dicta that if the order were to be amended, Khadr would likely not be able to challenge the revocation.
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Saadi v Italy was a case of the European Court of Human Rights (ECtHR) decided in February 2008, in which the Court unanimously reaffirmed and extended principles established in Chahal v United Kingdom regarding the absolute nature of the principle of non-refoulement and the obligations of a state under Article 3 of the European Convention on Human Rights (ECHR). In particular the Court addressed the role of an exchange of notes between Italy (the state which sought to deport Saadi) and Tunisia (the receiving state, to which he would be deported) and ruled that it was inadequate to protect against the risk that Saadi would be ill-treated, as Tunisia had only restated Tunisian law and had not made the diplomatic assurances against ill-treatment requested by Italy. The ruling did not directly address in its ratio whether diplomatic assurances could constitute adequate protection in general when such assurances were provided by states known to practice torture, but reiterated in dicta that even if Italy had received such assurances, the Court would still have examined them for reliability.
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Especially it was complained, that the bride price once taken, should not be refundable if the couple should get a divorce. The Mifumi petition on bride price was decided in 2010 by the Constitutional Court of Uganda when four judges to one (with Justice Tumwesigye dissenting) upheld the constitutionality of bride price (See Constitutional Court of Uganda (2010) Mifumi (U) Ltd & 12 Others v Attorney General, Kenneth Kakuru (Constitutional Petition No.12 Of 2007) [2010] UGCC 2 (26 March 2010. This was despite finding that certain elements of the custom of bride price, such as the demand for refund, was not only unconstitutional but also criminal. However all was not lost because the case significantly advanced African jurisprudence, particularly in the views of the judges expressed obiter dicta in their judgements. More importantly, MIFUMI appealed and in 2015 the Supreme Court of Uganda ruled that the custom of bride price refund was unconstitutional and therefore outlawed (See (See Supreme Court of Uganda (2015) Mifumi (U) Ltd & Anor Vs Attorney General & Anor (Constitutional Appeal No. 02 of 2014) [2015] UGSC 13).
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In FTC v. Brown Shoe Co.,. the Court expanded on dicta in the MPAS case. In MPAS the FTC found a violation of its organic statute, § 5 of the FTC Act, because there was a violation of § 1 of the Sherman Act. The FTC is not statutorily authorized to enforce the Sherman Act, but it can do that indirectly because the courts hold that § 5 of the FTC Act registers violations of the Sherman Act, as well as "incipient" violations of the Sherman and Clayton Acts and conduct that violates the "spirit" of the antitrust laws.. In MPAS the government argued that even if there were no Sherman Act violation there was still an FTC Act violation: it said in its brief, "Whether or not these agreements are prohibited by either of these acts it is clearly competent for the Commission to conclude that their effect in the situation here disclosed was unreasonably to restrain competition and to tend to monopoly and that they should, therefore, be prohibited as unfair methods of competition."Kessler, 69 L.J. at 54 n.
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The rights citizens have by being citizens of the United States are covered under the Privileges or Immunities Clause of the 14th Amendment, while the rights citizens have by being citizens of a state fall under the Privileges and Immunities Clause of Article Four. The Supreme Court did not prevent application of the Bill of Rights to the states via the Privileges or Immunities Clause in Slaughter-House, but rather addressed whether a state monopoly statute violated the natural right of a person to do business and engage in his trade or vocation. In other words, no provision of the Bill of Rights was at issue in that case, nor was any other right that followed under the U.S. Constitution. In obiter dicta, Justice Miller's opinion in Slaughter- House went so far as to acknowledge that the privileges or immunities of a citizen of the United States include at least some rights listed in the first eight amendments: "The right to peaceably assemble and petition for redress of grievances...are rights of the citizen guaranteed by the Federal Constitution".
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Spain had no treaties with any of the Indian tribes in > Louisiana, fixing limits to their claims, so far as we are informed. The > Indians were kept quiet, and at peace with Spanish subjects, by kind > treatment and due precautions, which did not allow obtrusion on lands > claimed by them, without written permits from the Governor; but that such > permits were usual, cannot be doubted.55 U.S. at 522. Again in dicta, the Court seemed to apply the concept of adverse possession to aboriginal lands: > [The plaintiff's tract] was held and improved by authority of the Spanish > government, and claimed as individual property, to which the Indian right of > possession did not extend; of this the Indians never complained, nor do they > now complain; no half-breed owner and Indian descendant is defending this > suit; it is defended by trespassers, showing no color of claim under the > half-breeds, or any one else; shelter is sought under the assumption that > Honoré's permit and inhabitation were neither known or recognized by the > Sacs and Foxes, and that therefore, the additional article of the treaty of > 1804, cannot protect the title of Reddick. . . .
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As a result, from the 1940s to the 1960s critical emphasis moved away from positioning the Wake as a "revolution of the word" and towards readings that stressed its "internal logical coherence", as "the avant-gardism of Finnegans Wake was put on hold [and] deferred while the text was rerouted through the formalistic requirements of an American criticism inspired by New Critical dicta that demanded a poetic intelligibility, a formal logic, of texts." Slowly the book's critical capital began to rise to the point that, in 1957, Northrop Frye described Finnegans Wake as the "chief ironic epic of our time"Frye, Anatomy of Criticism, p.323 and Anthony Burgess lauded the book as "a great comic vision, one of the few books of the world that can make us laugh aloud on nearly every page." Concerning the importance of such laughter, Darragh Greene has argued that the Wake through its series of puns, neologisms, compounds, and riddles shows the play of Wittgensteinian language-games, and by laughing at them, the reader learns how language makes the world and is freed from its snares and bewitchment.
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In Binions v Evans[1972] EWCA Civ 6 when Mr and Mrs Binions bought a large property they promised the sellers that Mrs Evans could remain for life in her cottage. They subsequently tried to evict Mrs Evans, but Lord Denning MR held that their agreement had created a constructive trust, and so the property was not theirs to deal with.However in Ashburn Anstalt v Arnold [1989] Ch 1 a different Court of Appeal opined, in obiter dicta, that a third party transferee could not be bound (inconsistent with the reasoning of Lord Denning MR) unless it was express that a new property right was to be granted. Third, gifts or trusts that are made without completing all formalities will be enforced under a constructive trust if it is clear that the person making the gift or trust manifested a true intention to do so. In the leading case, Pennington v Waine[2002] 1 WLR 2075 a lady named Ada Crampton had wished to transfer 400 shares to her nephew, Harold, had filled in a share transfer form and given it to Mr Pennington, the company's auditors, and had died before Mr Pennington had registered it.
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IBM Personal Pension Plan, decided that the very design of the cash balance plan – the issue that the Campbell court only reached in dicta – had indeed violated the age discrimination rules because the "rate of benefit accruals" did "decrease" on account the "attainment of any age." The Lump Sum cases all held that because cash balance plans were defined-benefit plans, they had to abide by the rules for defined benefit plans when the employer calculates the lump sum actuarial present value by first accruing the account balance to normal retirement age and then converting the account balance at retirement age into a life annuity before then discounting back to the current date at a statutorily required discount rate. Because these cash balance plans were designed to "look like" defined-contribution plans, the defendants asserted that these cash balance pension plans were not true defined-benefit plans but were "hybrid" plans instead. Therefore, because, they were "hybrids" and looked like defined-contribution plans and because workers are only entitled to the actual balance in defined-contribution plans, the plaintiffs should get lump sums equal only to their "hypothetical" account balances.
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