"We are sitting here without any proven unlawfulness," Manyi told Reuters.
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I felt the unlawfulness of our status in this country acutely.
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Instead, it highlights both the unlawfulness of the attack and the inadequacy of U.S. military justice.
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Mr. Erdogan addressed lawmakers in Parliament on Tuesday, saying the nation could not ignore "unlawfulness" in the election.
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Despite the apparent unlawfulness of the gathering, tens of thousands of protesters defied police to march through Yuen Long.
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"If Obama grants Manning clemency, Assange will agree to US prison in exchange -- despite its clear unlawfulness," the group said.
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Erasmus was the illegitimate son of a physician's daughter and a priest; he rued the unlawfulness of the union all his life.
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"If Obama grants Manning clemency, Assange will agree to US prison in exchange -- despite its clear unlawfulness," WikiLeaks said in a tweet on Thursday.
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They also drew a connection between the "unlawfulness" of DACA itself (an "executive amnesty") with lawlessness: a willingness to ignore or tolerate violent crime.
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Today, some government officials seem to conjure emergencies that justify repressive anti-protest laws, but there is little evidence there is a crisis of unlawfulness.
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For purposes of the criminal law, presidents must be judged by the lawfulness or unlawfulness of their acts, not by the motivations that underlay them.
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If the President does not intend to rescind DACA anytime soon, despite its clear unlawfulness, then why don't we at least start charging a true cost-recovery fee.
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The bureau sent anonymous letters that threatened exposure, planted unfounded media stories, arrested members under false pretenses, and coordinated a barrage of illegal break-ins despite proof of unlawfulness.
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"The alleged unlawfulness or unenforceability of the mudarabah agreement is one of the precise circumstances with which the (English law governed) purchase undertaking is intended to deal," it adds.
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"It is evident from the revelations of numerous witnesses as detailed in their sworn affidavits that ... de Lima was fully aware of the unlawfulness of their actions," said the NBI complaint.
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Israel administers a military dictatorship in the West Bank that imposes its whim on Palestinians with little accountability, a kind of unlawfulness that corrupted democratic institutions inside legally recognized Israel territory.
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From sleeping on the street or subway to selling loose cigarettes, they have employed the "broken windows" method of policing to crack down on anyone who has even the appearance of unlawfulness.
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China's Ministry of Commerce welcomed the ruling saying that the WTO panel had "upheld China's principal claims" on the unlawfulness of targeted dumping and the separate rate applied in certain U.S. anti-dumping measures.
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" RUSA sent "The Hunt" a response to the FBI's allegations, saying, it "does not advocate fraud or unlawfulness of any type and is solely dedicated to the ultimate, peaceful return of our nation to its original constitutional principles of government.
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"You have the EPA and this administration taking steps to basically engage in unlawful action, and they're trying to accelerate it so that the states are forced to comply before there's ever a ruling on the merits, with respect to the unlawfulness of the rule," Pruitt said.
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The central doctrine of probabilism is that in every doubt that concerns merely the lawfulness or unlawfulness of an action it is permissible to follow a solidly probable opinion in favour of liberty, even though the opposing view is more probable. Probabilists apply their theory only when there is question merely of the lawfulness or unlawfulness of an action, because in other cases certainty might be demanded on various grounds, as happens when the validity of the sacraments, the attainment of an obligatory end, and the established rights of another are concerned. They apply their doctrine whether the doubt about the lawfulness or unlawfulness of an action be a doubt of law, or a doubt of fact which can be reduced to a doubt of law. Thus if it is solidly probable that Friday morning has not yet set in, there is a doubt of fact which can be reduced to a doubt of law as to whether it is lawful in the circumstances to take meat.
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The unlawfulness of the was criticized in Japan's House of Representatives. The same Article 360 was later shot down in the May 1960 U-2 incident. A month before the incident, another U-2 crash landed in rural Thailand. Locals helped the US remove the aircraft without publicity.
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Petre Ţurlea, "Alegerile parlamentare din noiembrie '46: guvernul procomunist joacă şi câştigă. Ilegalităţi flagrante, rezultat viciat" ("The Parliamentary Elections of November '46: the Pro-Communist Government Plays and Wins. Blatant Unlawfulness, Tampered Result"), p. 35–36 In the mind of the Groza government, the 1946 election confirmed it in office.
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The Court of Justice overturned the General Court, and held that prevention of parallel imports was unlawful. The General Court had committed an error of law by holding that some effect on consumers was necessary. The unlawfulness of this activity had been established in Consten and Grundig. The Court said the following.
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In noting the historical unlawfulness of polygamy in the United States, the Court found polygamy to be an immoral act of the type contemplated by the Mann Act's prohibitions. Finally, the Court found that there is no viable defense to the Mann Act by virtue of the religious beliefs that motivate the practice of polygamy.
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In addition he took a strong view of the unlawfulness of attempting to overthrow a sovereign ruler, stating that if any Jesuits had engaged in such actions (while stressing that he thought it improbable that they had) they deserved to suffer the full penalty of the law. He died at Sant'Andrea al Quirinale in Rome.
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Railroad sleuth Tom Logan (Bob Steele) is on a mission to stop the unlawfulness of his criminal brother, Duke Logan (Milburn Stone). Duke's gang have stolen a train filled with gold and have taken the passengers hostage as well. Amongst the many passengers is nightclub entertainer Kay Stevens (Claire Carlton) who is looking to be rescued.
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Intention, as a form of fault, has three principal elements: # a direction of the will towards performing the act; # knowledge of the definitional elements of the crime; and # knowledge of unlawfulness of the conduct. Intention generally takes one of three forms: # dolus directus; # dolus indirectus; and # dolus eventualis. These three forms of intention may be general (indeterminatus).
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These raids were orchestrated by the Polish Society of the Phonographic Industry (ZPAV), a collective rights organisation, and German authorities shut the site which was hosted on servers in that jurisdiction. In May 2013, that case was closed, as prosecutors decided to drop the charges due to the charged individuals' ignorance of the unlawfulness of their actions.
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The European Commission declined to follow up on the earlier threat to sue France at the European Court of Justice, or to take other legal action on the Romani matter against France. The EU said it would seek to compel European Union countries to amend their national rules to the requirements of the European Union's free movement laws, but in so doing did not deny the unlawfulness of the French actions.
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Hawkins was instructed to procure opinions on the divorce, and was given funds. A commission was also given to him, Girolamo Ghinucci, Cranmer, and others, to treat for a universal peace. Hawkins landed at Calais 5 October, and reached Mantua 16 November, when he had an audience with Emperor Charles V, and his credentials were accepted. He was translating into Latin Henry's The Glass of Truth on the unlawfulness of Levirate marriage.
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Having considered Rail Commuters, Langa found that Zealand was > not an appropriate case to traverse fully the complex relationship between > public law duties and private law remedies. Suffice it to say the following. > I can think of no reason why an unjustifiable breach of s 12(1)(a) of the > Constitution should not be sufficient to establish unlawfulness for the > purposes of the applicant's delictual action of unlawful or wrongful > detention.Para 52.
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Ralf Lange and Peter Noss, "Bekennende Kirche in Berlin", in: Kirchenkampf in Berlin 1932-1945: 42 Stadtgeschichten, Olaf Kühl-Freudenstein, Peter Noss, and Claus Wagener (eds.), Berlin: Institut Kirche und Judentum, 1999, (Studien zu Kirche und Judentum; vol. 18), pp. 114-147, here p. 114. . Among them were Karl Barth and Dietrich Bonhoeffer, who demanded the church bodies to oppose the abolition of democracy and the unlawfulness in the general political sphere.
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The correct spelling of the names of the animals is given with an explanation of their meanings. The use of the animals in medicine, their lawfulness or unlawfulness as food, their position in folklore are the main subjects treated, while occasionally long irrelevant sections on political history are introduced. The work exists in three forms. The fullest has been published several times in Egypt; a mediate and a short recension exist in manuscript.
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117 F.2d at 972. Section 3 of the Clayton Act, 15 U.S.C. § 14, makes certain tie-ins unlawful. "However, unlawfulness is made to depend upon a provision which is here important, where the effect of such lease or such condition may be substantially to lessen competition or tend to create a monopoly in any line of commerce." The record did not support a conclusion that Suppiger's tie-in had such an effect.
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The court found that, in a delictual claim, the requirements of fault and unlawfulness were not factual ingredients of the cause of action; they were, rather, legal conclusions to be drawn from the facts.Para 17. For the purposes of prescription, "cause of action" meant every fact which it was necessary for the plaintiff to prove in order to succeed in his claim, although it did not comprise every piece of evidence which was necessary to prove those facts.Para 19.
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Terrorist acts frequently have a political purpose. Some official, governmental definitions of terrorism use the criterion of the illegitimacy or unlawfulness of the act. to distinguish between actions authorized by a government (and thus "lawful") and those of other actors, including individuals and small groups. For example, carrying out a strategic bombing on an enemy city, which is designed to affect civilian support for a cause, would not be considered terrorism if it were authorized by a government.
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Lorantffy Care Center in which African Americans were denied admittance to nursing homes. The Fair Housing Act makes explicit the unlawfulness of discrimination against any member of a protected class, including religion, age, disability, gender, and race.Fair Housing Act, 42 U.S.C. § 3601 et seq. (1968) Refusal of housing based on the profiling of linguistic traits is clearly illegal, yet evidence must be found that the housing authority in question could indeed effectively determine the race or ethnicity of the applicant.
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Due to national law, the use of geographic information in the People's Republic of China is restricted to entities that obtain a special authorization from the administrative department for surveying and mapping under the State Council. Consequences of the restriction include fines for unauthorized surveys, lack of geotagging information on many cameras when the GPS chip detects a location within China, incorrect alignment of street maps with satellite maps in various applications, and seeming unlawfulness of crowdsourced mapping efforts such as OpenStreetMap.
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Only eight such defections succeeded between 1953 and 1984. The traffic was not solely one-way; thousands of people a year migrated from West Germany to East Germany. The East German press described such individuals as "west zone refugees" who were fleeing "political pressure", "growing unlawfulness", or "worsening economic conditions". Research carried out by the West German government found more prosaic reasons, such as marital problems, family estrangement, and the homesickness of those who had lived in East Germany in the past.
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The first application concerned the inconsistency of this with the Constitution and therefore its unlawfulness and invalidity. The second application, brought by the city of Cape Town, was for the review and setting aside of the first Mayor's decision to extend the contract of employment. In terms of the second application, the court dealt with the matter on the basis of the doctrine of legality. It was held that the first Mayor did not have the power to make his decision.
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In his journal Fox recorded his visit to the chapel "in which Thomas Lawson used to preach, who was an eminent priest. He very lovingly acquainted the people in the morning of my coming in the afternoon, by which means many were gathered together." Lawson soon after became convinced of the unlawfulness of preaching for hire, and at twenty-three gave up his living to join the Quakers. He was frequently distrained upon for non-payment of tithe, and was imprisoned.
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In Hamdan v. Rumsfeld (2006), the Supreme Court ruled that the Bush Presidency lacked the Constitutional authority to create the Guantanamo military commissions as a system separate from the existing federal and military justice systems, and ruled that the CSRTs and military commissions were unconstitutional. It said that only Congress could authorize such a system. They confirmed in their judgement the unlawfulness of the US Government in the use of torture, cruel and humiliating treatment, and international law should limit the power of the President.
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The lead defence advocate in the case was Barry Roux. In South African criminal law, murder is defined as the intentional unlawful killing of another human being. The defence of Pistorius was that, in shooting at what he believed to be an intruder, he mistakenly believed he was acting in self- defence, and as self-defence excludes the unlawfulness requirement of criminal liability, an act in valid self-defence is lawful. Technically his defence amounted to a claim that he did not intend to act unlawfully.
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Discussions of this science are presented in various parts in the works of uşūl al-fiqh. However, the best division is presented by al-Muhaqqiq al-Isfahani (d. 1940) in his last course of teaching (as narrated by his great student Muhammad Rida al-Muzaffar in his Uşūl al- Fiqh, p. 11) according to which all uşūlī topics are discussed in the four following parts: Discussions of “terms,” of “intellectual implications,” of “the authority,” and of “practical principles.” Discussions of terms deal with denotations and appearances of terms from a general aspect, such as appearance of the imperative in the obligation, that of the prohibition in the unlawfulness, and the like. Discussions of intellectual implications survey implications of precepts even though such precepts may not be inferred from terms, such as discussing truthfulness of mutual implication of intellectual judgments and juristic precepts, of obligation of something necessitating obligation of its preliminaries (known as “the problem of preliminary of the mandatory act”), of obligation of something necessitating unlawfulness of its opposite (known as “the problem of the opposite”), of possibility of conjunction of the command and the prohibition, and so on.
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In 1530 the King demanded a precedent from Cambridge to procure the decision of the university as to the unlawfulness of marriage with a deceased brother's wife: in accordance with the new plan devised for settling the question without the pope's intervention. In this Gardiner succeeded. In November 1531 the king rewarded him with the bishopric of Winchester, vacant since Wolsey's death. The unexpected promotion was accompanied by expressions from the king which made it still more honourable, showing that if he had been subservient, it was not for the sake of his own advancement.
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The Har Hotzvim terminus has expanded to include "mehadrin" bus departures to other Haredi destinations such as Safed, Ashdod, Haifa, Arad, Kiryat Ata and more. At one point, the "mehadrin" lines were gender segregated, with men sitting in the front rows and women in the back rows. In a 2011 ruling, the Israeli High Court of Justice stated the unlawfulness of gender segregation and abolished the "mehadrin" public buses. However, the court rule allowed the continuation of the gender segregation in public buses on a voluntary basis for a one-year experimental period.
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344 U.S. at 395. In so ruling, the Court extended the analysis under § 3 of the Clayton Act of requirements contracts that it made in the Standard Stations case to output contracts brought under the Sherman or FTC Acts.See Friedrich Kessler and Richard H. Stern, Competition, Contract, and Vertical Integration, 69 L.J. 1, 59-60 (1959), which argues that the MPAS and Standard Stations cases indicate a coalescence between the standards of unlawfulness under the Sherman and Clayton Acts and for forward and backward (downstream and upstream) integration by contractual exclusive dealing arrangements.
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63 When insurgency is used to describe a movement's unlawfulness by virtue of not being authorized by or in accordance with the law of the land, its use is neutral. However, when it is used by a state or another authority under threat, "insurgency" often also carries an implication that the rebels' cause is illegitimate, whereas those rising up will see the authority of the state as being illegitimate. Criticisms of widely held ideas and actions about insurgency started to occur in works of the 1960s;See, for example, Franklin Mark Osanka, ed.
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The protection against unlawful termination enables employees in Bulgaria to oppose to it in two ways. Art. 344 § 1 of the Labour code allows for the employee to file a lawsuit request and ask the court to declare the unlawfulness of the dismissal and cumulatively, to be recruited again at his previous workplace. The time between the entry into force of the termination order and its legal annulment is recognized as work experience. As an independent legal action and as a second option, a compensation payment may be requested within a separate court procedure.
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They had obtained surveillance device warrants on a number of occasions to record conversations they had with a man suspected of murder. However, two of the warrants had expired by a number days and police had failed to apply to have the warrants renewed. The Prosecutor submitted that it was merely an oversight and the unlawfulness or contravention of the Act was not serious. Justice Hamill disagreed saying at [138]: :“Contrary to the submission of the Crown, I find that the impropriety is quite grave: s 138(3)(d).
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If a search or seizure is unlawful under the Search and Surveillance Act 2012 then it is also likely to be considered an unreasonable search or seizure. However, the concepts of unlawfulness and unreasonableness are independent and it is therefore possible that, for example, a lawful search can be unreasonable.R v Williams [2007] 3 NZLR 207, (2007) 23 CRNZ 1 (CA). Despite this, the courts have said that in terms of the most common remedy of exclusion of evidence an unlawful search should usually be considered an unreasonable search.
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Tensions exist surrounding Mehadrin bus lines, a type of bus line in Israel which mostly runs in and/or between major Haredi population centers, in which gender segregation are applied. Non-Haredi female passengers have complained of being harassed and forced to sit at the back of the bus. In a ruling of January 2011, the Israeli High Court of Justice stated the unlawfulness of gender segregation and abolished the "mehadrin" public buses. However, the court rule allowed the continuation of the gender segregation in public buses on a strictly voluntary basis for a one-year experimental period.
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On 5 August 2008, Patria provided the Slovenian government with an account of the criminal investigation, where Patria declared in writing that no unlawfulness has occurred in the Slovenian deal. The Slovenian government accepted the declaration and decided not to cancel the deal. In January 2010 Janez Janša sued Magnus Berglund for 1.5 million euro for defamation in a Slovenian civil court (Novo Mesto) and Ljubljana prosecutors requested 6 months of imprisonment for Berglund.¨The Novo Mesto district court declared itself competent to hear the civil suit although it concerns a programme made by a Finnish TV station that was broadcast in Finland.
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His confidence in the conclusions of his own mind has earned him the repute of a dogmatist; but it was his constant aim to reduce and simplify the fundamentals of Christianity. Not without some ground does the memorial tablet at Siena (inscription by prof. Giovanni Brigidi 1879)"Il vendicatore dell'umana ragione contro il supernaturale" in Piero Chiminelli Il contributo dell'Italia alla riforma religiosa in Europa characterize him as vindicator of human reason against the supernatural. Of his non-theological doctrines the most important is his assertion of the unlawfulness not only of war, but of the taking of human life in any circumstances.
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The Universal Declaration of Human Rights (adopted by the United Nations General Assembly in 1948) declares in Article 4 "No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms". More specifically, it is dealt with by article 1(a) of the United Nations 1956 Supplementary Convention on the Abolition of Slavery. However, only national legislation can establish the unlawfulness of indentured labor in a specific jurisdiction. In the United States, the Victims of Trafficking and Violence Protection Act (VTVPA) of 2000 extended servitude to cover peonage as well as Involuntary Servitude.
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In fall 2001, Dan and Egged bus companies, in order to compete with private buses run by Haredim, had come to an agreement with the ultra-Orthodox Mehadrin Council. In 2007 there were an estimated thirty "mehadrin" buses operated by public transportation companies, in early 2010 the number had risen to more than fifty. In a ruling of January 2011, the Israeli High Court of Justice stated the unlawfulness of gender segregation and abolished the "mehadrin" public buses. However, the court rule allows the continuation of the gender segregation in public buses on a strictly voluntary basis for a one-year experimental period.
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The maxim lex non cogit ad impossibilia may be translated to mean that the law does not compel anyone to do the impossible. Impossibility is the appropriate defence (excluding unlawfulness) in cases where the law places a person under a legal duty to perform a positive act, and the person is unable to comply with this duty. The policy rationale for this ground of justification is that it would be unfair to punish an individual who contravened the law under conditions where he could not act otherwise. In this regard, impossibility might be regarded as "the flip-side of necessity,"Kemp Criminal Law 93.
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If the municipality in which the property is located prohibits habitation without a certificate of occupancy, but has not issued such a certificate with respect to the property, the unlawfulness of that habitation renders the property uninhabitable as a matter of law. The breach of the implied warranty of habitability can be used to legally break a lease. If the factors have been created or are controllable by the landlord and he or she has not fixed them despite ample written notification, this situation can also be considered constructive eviction, which allows the tenant to break the lease, and may also allow the tenant to sue for damages in some jurisdictions.
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Similarly, killing, fornication, and drunkenness are all "discernible evils" that the human mind could know of according to al-Maturidi. Likewise, Averroes (Ibn Rushd), in his treatise on Justice and Jihad and his commentary on Plato's Republic, writes that the human mind can know of the unlawfulness of killing and stealing and thus of the five maqasid or higher intents of the Islamic sharia, or the protection of religion, life, property, offspring, and reason. His Aristotelian commentaries also influenced the subsequent Averroist movement and the writings of Thomas Aquinas. Ibn Qayyim Al-Jawziyya also posited that human reason could discern between "great sins" and "good deeds".
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In 1931 he was engaged to marry the Duchess of Croÿ (born Helen Lewis, of American origin). Bosdari and Babe, having married in October 1929, divorced in 1935, following several years of separation, and the unlawfulness of Bosdari's divorce from Josephine Fish came to light. According to the writer Alec Waugh, Bosdari was a friend in the 1920s who was interned by the Germans during the Second World War and is said to have lived in North Africa or South America later. In Brian Howard: Portrait of a Failure, Marie- Jaqueline Lancaster mentions a third marriage of Babe's, to "an American Hollywood magnate" (p. 160).
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He would not submit until Henry defeated him in two campaigns in 921. In the short remnant of a more lengthy text, "Fragmentum de Arnulfo duce Bavariae (de)", the author gives a very lively impression of the disconcert Henry's claims caused in Bavaria: The piece abruptly starts with a clause. It relates that Henry I (Saxo Heimricus), following the advice of an unnamed bishop, had invaded the Bavarian kingdom (regnum Baioariae) in a hostile way. Decidedly, it hints at the unlawfulness of this encroachment, namely in that Bavaria was a territory in which none of Henry's forefathers had ever possessed even a foot (gressum pedis) of land.
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The improved state of the parish was reflected in the attendances at public worship, for so many commenced to come that there was not seating accommodation for all. Blackadder was expelled from his parish in 1662 after the restoration of Charles II because he refused to comply with the Episcopacy, which the government had imposed in Scotland. Blackadder, in his sermons on several Sundays, energetically exposed its unlawfulness, and, to use his own phrase, "entered his dissent in heaven" against it. In consequence of this, and the refusal of the presbytery of Dumfries to celebrate, by order of parliament, the anniversary of the Restoration, a troop of fifty horse were sent from Edinburgh to his home parish.
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Under section 12 of the Act, prescription begins to run only from the time at which creditor acquires knowledge, or is deemed to have acquired knowledge, of "the facts from which the debt arises." The creditor acquires a complete cause of action for the recovery of debt when he is in possession of the entire set of facts upon which he relies to prove his claim. The court held that the cause of action is complete as soon as the creditor sustains some harm; knowledge of fault or unlawfulness is not required. Expert opinion (to the effect that the defendants' conduct was negligent) did not constitute a fact, but was rather evidence.
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Justice Menhennitt decided in favour of using the principle of necessity to give substance to "unlawfulness" in this context. He expressed a test for deciding whether a termination would be unlawful or not in this way: > For the use of an instrument with intent to procure a miscarriage to be > lawful the accused must have honestly believed on reasonable grounds that > the act done by him was (a) necessary to preserve the woman from a serious > danger to her life or her physical or mental health (not being merely the > normal dangers of pregnancy and childbirth) which the continuance of the > pregnancy would entail; and (b) in the circumstances not out of proportion > to the danger to be averted.
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The Court of Appeal (Lord Donaldson MR, Bingham LJ and Mann LJ) reversed the Divisional Court's decision on 22 March 1989 on the basis that, although a national court was obliged to give effect to Community law, it was not obliged "to override national law in favour of what is no more than an alleged or putative Community right". Furthermore, it did not believe that the Divisional Court had "acknowledged the constitutional enormity, as the law stands, of requiring a Secretary of State to act contrary to the clearly expressed will of Parliament when the unlawfulness of that expression has yet to be established". The Divisional Court would not, according to the court, have jurisdiction to grant an injunction until Factortame had succeeded before the ECJ.
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In 1636 he wrote Iter Lancastrense, a poem later printed in the 1845 volume of the same name, as part of the Chetham Society series, edited by Thomas Corser, with notes and an introduction in which many of James's minor poems are reprinted, together with extracts from some of his prose works. In 1880 A. B. Grosart published The Poems of Richard James (only one hundred copies printed), with a preface, in which he adds a little to Corser's account. This volume contains the Iter Lancastrense, The Muses Dirge, the edition of Hoccleve's 'Oldcastle,' the minor English and Latin poems collected from James's published works and MSS. James 13 and 35, and the Reasons concerning the unlawfulness of Attempts on the Lives of Great Personages.
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Bishop Grey's injunctions are the only notice that we have of the internal history of the priory during the fifteenth century; they do not indicate any special laxity, and only repeat the usual orders as to silence, singing of the divine office, the unlawfulness of eating and drinking after Compline, going to Dunstable or having visitors without permission. And so again at the very end, just before the dissolution, the silence of Bishop Longland, and the king's choice of the priory for the solemn announcement of his divorce from Catherine of Aragon, constitute indirect evidence in favor of the house. On the whole, the priory of Dunstable shows a very good record in the matter of discipline and order, with only a few lapses.
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Only few parishioners and clergy, mostly of Reformed tradition, followed Jean Cauvin's doctrine of the Kingdom of Christ within the church and the world.Ralf Lange and Peter Noss, "Bekennende Kirche in Berlin", p. 114. Among them were Karl Barth and Dietrich Bonhoeffer, who demanded the church bodies to oppose the abolition of democracy and the unlawfulness in the general political sphere.In April 1933 Bonhoeffer appealed at the Evangelical Church (1) to ask the Nazi government for the legitimacy of its actions, (2) to serve the victims of the anti-Semitic discriminations, also those who were not parishioners and (3) to directly block the 'spokes' of the 'wheel' of detrimental government activities. Cf. Hartmut Ludwig, "Das ›Büro Pfarrer Grüber‹ 1938–1940", p. 4.
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So far, state institutions, such as the Council of Competition, did not show interest and commitment to actively engage in the development of such policies. In Bosnia and Herzegovina, the privatisation process has been uneven: if in the case or print media and newspapers it was characterized by unlawfulness and abuse of power, the privatisation of TV and radio broadcasters has never begun. According to the South East Europe Media Observatory, the "ownership patterns include some foreign owners, major business actors, and affiliations with political parties". In Republika Srpska, political affiliations can easily be traced; they mostly link media owners to the SNSD, while in the Federation the affiliations are more diverse: this makes possible more diversity and pluralism in media content.
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Eusebius cites the Gnostic theologian Bardaisan who stated that the Persians brought the practice with them wherever they went and that the Magi priesthood still practiced it by his time while Pseudo-Clement and Basil of Caesarea both commented on the unlawfulness of such practices in comparison to Christian doctrine. Eznik of Kolb accused Zoroaster of having developed the doctrine due to his own desires to see it propagated among his people and Jerome attached the Persians amongst Ethiopians, Medians, and Indians as those who had intercourses with the female members of their families. The Synod of Beth Lapat had proclamations against Christians who imitated the practice of xwedodah with Patriarch Aba I, a convert from Zoroastrianism, championing the cause against the practice.
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A person who intentionally attempts to prevent a lawful arrest on himself or herself, which is being effected or attempted by a law enforcement officer, when it would reasonably appear that the latter is a law enforcement officer, shall: (1) for the first offense, be imprisoned not more than one year or fined not more than $500.00, or both; (2) for the second offense and subsequent offenses, be imprisoned not more than two years or fined not more than $1,000.00, or both. (b) A defendant's mistaken belief in the unlawfulness of the arrest shall not be a defense to a prosecution under this section. (c) A person may not be convicted of both an escape from lawful custody, as defined in subdivision 1501(a)(2) of this title, and a violation of this section.
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In United States v. Philadelphia Nat'l Bank, 374 U.S. 321 (1963), the Court explained what it considered the holding in the MPAS case. It explained that in both the MPAS and Standard Stations cases the Court based its finding of unlawfulness on the collective, total market foreclosure resulting from the charged company's plus its major competitors' market shares, which it found comparable to the market shares of the case before it: > In Federal Trade Comm'n v. Motion Picture Adv. Serv. Co., 344 U. S. 392, we > held unlawful, under § 1 of the Sherman Act and § 5 of the Federal Trade > Commission Act, rather than under § 3 of the Clayton Act, exclusive > arrangements whereby the four major firms in the industry had foreclosed 75% > of the relevant market; the respondent's market share, evidently, was 20%.
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For example, in the United States, a governmental official is generally protected by qualified immunity if his acts were objectively legally reasonable, but such protection may not apply if, in light of pre-existing law, the unlawfulness of his conduct would have been apparent to a reasonably competent official, even if no commanding precedent applicable to his specific behavior existed. Such a precedent is called on all fours when all four parts of the instant (or present) case are essentially the same as the mandatory precedent, or are very similar: # The parties are the same, or have such great similarities as to have exactly the same standing. # The circumstances involving the two cases are materially the same, or are so similar as not to matter. # The issue is exactly the same, or if more than one issue exists, they are materially the same types.
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Minister of Police v Ewels, is an important case in both the South African law of delict and, to a lesser extent, South African criminal law. It expresses a general rule: An omission is to be regarded as unlawful conduct when the circumstances of the case are of such a nature not only that the omission incites moral indignation, but also that the legal convictions of the community demand that it be regarded as unlawful and that the damage suffered be made good by the person who neglected to perform a positive act. In order to make a determination as to whether or not there is unlawfulness, therefore, the question is not whether there was the usual "negligence" of the bonus paterfamilias; the question is whether, regard being had to all the facts, there was a duty in law to act reasonably. #Saflii Court case In casu, a citizen was assaulted in a police station by an off-duty officer in the presence of other officers.
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Llwyd had told the Guardian Unlimited that "leading the debate on the unlawfulness of the attack on Iraq - in particular opening a debate calling for the disclosure of the attorney general's opinion in full in March 2004," was his proudest moment. In November 2005, the campaign announced a new motion (this time with the support of the Liberal Democrats) asking for a Commons committee to examine the conduct of ministers before and after the war. The campaign tabled an Early Day Motion: :"Conduct of Government Policy in relation to the war against Iraq" :"That this House believes that there should be a select committee of 7 Members, being members of Her Majesty's Privy Council, to review the way in which the responsibilities of Government were discharged in relation to Iraq and all matters relevant thereto, in the period leading up to military action in that country in March 2003 and in its aftermath". The motion collected 151 signatures, including some Labour back-benchers.
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"Mr John Dickson, brought prisoner from the Bass, declares, that about six years ago he was taken for being present at conventicles; confesses he has kept conventicles several times; acknowledges the King's authority, but will not engage to live regularly and orderly, and not to keep conventicles; and shuns to give answer as to declaring the unlawfulness to rise in arms against the King or his authority: Ordered that the said Mr John Dickson and Mr Alexander Shields, brought prisoners from the Bass, be returned back prisoners thither until further order." After sentence was passed Dickson made a petition that because of his age and ill health that he be allowed to stay in Edinburgh. This petition was granted on 13 October 1686: "allow the petitioner to stay in Edinburgh till the first council-day of November next, in regard of his valetudinary condition, he finding caution to appear before the Council that day, or to re-enter the tolbooth of Edinburgh the said day, under the penalty of 5000 merks." After the Glorious Revolution he returned to his old parish in Rutherglen.
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