"The General Court annuls the Commission's decision, as it concluded, incorrectly, that the measures granted to Tercas entailed the use of State resources and were imputable to the State," the court said.
|
|
Trump is having "one of the most chaotic, turbulent and unpopular presidencies that we have seen," and that's mostly imputable to his public conduct, which has been "totally self-destructive," and sometimes even put him in legal jeopardy, Zelizer said.
|
|
When a prosecutor offers him a chance to provide extenuating circumstances for his crimes—" Can you affirm that your acts are imputable to external influences of some kind "—Sylvain is unable to follow the question: He wasn't embarrassed, he didn't feel the violence the prosecutor was exercising, the class violence that had excluded him from the world of education, the violence that had, in the end, led him to the courtroom where he now stood.
|
|
All personal preferences for certain forms of art are imputable to the predomination of the male or the female in the individual.
|
|
Note 1, Art 7. Persons or entities not classified as organs of the State may still be imputable, when they are otherwise empowered to exercise elements of governmental authority, and act in that capacity in the particular instance. Persons or entities not performing public functions may equally be imputable, if they in fact acted under the direction or control of the State.Note 1, Art 8.
|
|
The court found evidence of an arms flow between Nicaragua and insurgents in El Salvador between 1979–81. However, there was not enough evidence to show that the Nicaraguan government was imputable for this or that the US response was proportional. The court also found that certain transborder incursions into the territory of Guatemala and Costa Rica, in 1982, 1983 and 1984, were imputable to the Government of Nicaragua. However, neither Guatemala nor Costa Rica had made any request for US intervention; El Salvador did in 1984, well after the US had intervened unilaterally.
|
|
According to Bhaviveka, this shared perception is possible because the perceived objects are mentally imputed (labeled) based on characteristic marks which distinguishes them from other objects. The Prāsaṅgika reject this idea, arguing that "[w]hat establishes that things exist is only that they are imputable, not that they are imputable with a findable characteristic." According to Tsongkhapa, there is no such common ground or shared perception, while the reliance on characteristic marks implies an inherent existence at the conventional level, which is not in accord with the Madhyamaka point of view. Tsongkhapa holds reductio ad absurdum of essentialist viewpoints to be the most valid method of demonstrating emptiness of inherent existence, and of demonstrating that conventional things do not have a naturally occurring conventional identity.
|
|
Caught in the act, Meira was sentenced to 120 and a half years in prison. His defenders alleged that he was only semi-imputable because of his mental issues.Justiça de SP condena "atirador do shopping" a 120 anos de prisão Folha de S.Paulo His sentence was later reduced to 48 years and 9 months by the State Court of São Paulo. He stayed at Carandiru Penitentiary until its deactivation in 2002 and was then moved to a penitentiary in Tremembé.
|
|
The preliminary inquiry was set to occur in May 2010, but there was not enough time for the Crown to present all its evidence, so further dates were set throughout 2010 and 2011. In May 2011, Jordan was committed to stand trial. The trial lasted from September to February 2013, bringing the total delay between the charges and the conclusion of the trial to 49.5 months, of which 5.5 were imputable to the accused. During his initial trial, Jordan brought an application for stay of proceedings under section 11(b), which was dismissed.
|
|
In August 2010, SPT TV partnered up with Portuguese Sports broadcaster Sport TV to launch Sport TV Americas, a North American version of the Portuguese sports service. The channel features exclusive coverage of Liga ZON Sagres with 5 live matches every weekend as well as coverage of the Portuguese second division, the League Cup and Portuguese Cup. On June 5, 2013, for reasons exclusively imputable to RTP - USA Inc. dba SPT (Seabra Portuguese Television), SPORT TV Portugal S.A. was forced to restrain the access to the respective signal.
|
|
Controlling this virus is important for pepper production worldwide, but recent research shows that this plant disease may be transmitted to humans. A French study identified a local source of PMMoV and linked the presence of PMMoV RNA in stool with a specific immune response and clinical symptoms. Although clinical symptoms may be imputable to another co-factor, including spicy food, the data in the study suggested the possibility of a direct or indirect pathogenic role of plant viruses in humans. In an article from the Applied and Environmental Microbiology Journal, it was found that PMMoV could be a potential indicator of fecal pollution.
|
|
On G.R. No. 195835, penned March 14, 2016, the Supreme Court ruled that For a claim of copyright infringement to prevail, the evidence on record must demonstrate: (1) ownership of a validly copyrighted material by the complainant; and (2) infringement of the copyright by the respondent. It further stated that probable cause is not imputable against the respondent. "G.R. No. 195835, SISON OLAÑO, SERGIO T. ONG, MARILYN O. GO, AND JAP FUK HAI, vs. LIM ENG CO", "Chan Robles Law Library", September 9, 2020 The ruling stemmed from a dispute between LEC Steel Manufacturing Corporation and Metrotech Steel Industries where the former accused the latter infringing its intellectual property rights.
|
|
Later, in 2009, he was moved to a penitentiary in Salvador, his home town, following requests by his family. On May 8, 2009, Meira tried to kill a cell mate, the 68-year-old Spaniard Francisco Vidal Lopes, with scissors, apparently because the television's volume was too loud."Atirador do shopping" tenta matar colega de cela em Salvador (BA), diz secretaria Folha de S.Paulo He was put into trial but absolved later in 2011 since he was not considered imputable anymore due to his mental diagnosis. It was decided that he had to be moved to the Hospital of Treatment and Custody (HCT) in Salvador, where he remains to this day.
|
|
If a crime is caused by provocation, it is said to be committed in the heat of passion, under an irresistible urge incited by the provoking events, and without being entirely determined by reason. "'Malice aforethought' implies a mind under the sway of reason, whereas 'passion' whilst it does not imply a dethronement of reason, is the furor brevis, which renders a man deaf to the voice of reason so that, although the act was intentional to death, it was not the result of malignity of heart, but imputable to human infirmity. Passion and malice are, therefore, inconsistent motive powers, and hence an act which proceeds from the one, cannot also proceed from the other."Hannah v.
|
|
17 septembre 2002, aggressive sales strategies, an element of fraud, remain imputable to the decision-maker despite the delegation of power, since he conceived and organized the strategies himself. b. Delegation of powers is made necessary by the structure of the enterprise: only the decision-maker who cannot effectively assume his legal obligations can delegate his responsibilities to a third party. The mechanism of delegation of powers is not a means for the decision-maker to escape his criminal responsibility, but a mechanism to assure the effectiveness of legal limitations. It's when the scale or material organization of an enterprise do not allow a decision-maker to confront his obligations that delegation of power is authorized and even desirable.
|
|
Hanna v. Commonwealth, 153 Va. 863, 149 S.E. 419 (1929) is a Supreme Court of Virginia case that is often cited for distinguishing the "heat of passion" from malice as the motive in a crime.Criminal Law Cases and Materials, 7th ed.. 2012, John Kaplan, Robert Weisberg, Guyora Binder The formulation is: > 'Malice aforethought' implies a mind under the sway of reason, whereas > 'passion' whilst is does not imply a dethronement of reason, yet it is the > furor brevis, which renders a man deaf to the voice of reason so that, > although the act was intentional to death, it was not the result of > malignity of heart, but imputable to human infirmity. Passion and malice > are, therefore, inconsistent motive powers, and hence an act which proceeds > from the one, cannot also proceed from the other.
|
|
With such unamiable feelings towards his hearers, > the preacher might indeed command their respect, but could never excite > their sympathy. It may be feared that his Sermons were less popular from > another cause, imputable more to the congregation than to the pastor. Swift > spared not the vice of rich or poor; and, disdaining to amuse the > imaginations of his audience with discussion of dark points of divinity, or > warm them by a flow of sentimental devotion, he rushes at once to the point > of moral depravity, and upbraids them with their favourite and predominant > vices in a tone of stern reproof, bordering upon reproach. In short, he > tears the bandages from their wounds, like the hasty surgeon of a crowded > hospital, and applies the incision knife and caustic with salutary, but > rough and untamed severity.
|
|
Section 3 assigns responsibility to states for violations which are set out under Section 2 of the Maastricht Guidelines. Guideline 16 establishes that violations occurring within a state's jurisdiction is imputable to that state, and that the state must have mechanisms in place to remedy and investigate violations, among other things. Guideline 17 acknowledges the possibility of states not being in effective control of territories, and therefore attributing the violation of economic, social and cultural rights to them would be seen as unfair; to get around this, Guideline 17 imposes the obligations found in Section 2 to the dominating power who has control over the territory. Guideline 18 emphasises that economic, social and cultural rights can also be violated by entities other than states; with which inaction of a state in regulating their conduct will attribute the responsibility for the violation to the state.
|
|
Nobody is subject to any ecclesiastical censure except for an external violation by that person of a law or precept that is gravely imputable by reason of malice or negligence, but imputability is presumed unless the contrary is clear.Code of Canon Law, canon 1321 Accordingly, no censure applies if the violator is not yet 16 years old, or is unaware (unless because of negligence) of violating a law, or who acted due to physical force or chance occurrence.Code of Canon Law, canon 1323 While no excommunication can be inflicted in those circumstances, automatic (latae sententiae) excommunication does not apply in certain other cases, of which the Code of Canon Law lists ten, including the cases of those who, although over 16 years of age, are still minors, or who act out of grave fear. A penalty or penance can still be imposed in such cases.
|
|