Sentences with phrase «excluded by the argument»

Not exact matches

That the arguments being made by the Jews to exclude the Gentiles are the same arguments being used to exclude same - sex couples from the life of the church.

Although it can not be excluded that these excesses are produced by coincidental alignment of background galaxies, statistical arguments suggest that at least some of them are true debris discs.

Think about it in terms of some of the arguments against vouchers that were mentioned this morning, particularly by Steve Green, but others: For example, the argument that religious schools should be excluded in order to protect the taxpayer's right not to fund religious schools.

Arguments supported by evidence and reasoning don't exclude appeals to authority.

For example, if video footage is produced late in the proceedings and amounts to an «ambush,» or if it was obtained by trespassing on the plaintiff's property, or through other illegal means, and there may be a good argument that it should be excluded from evidence entirely.

The argument is similar to that by AG Sharpston in Neighbouring Rights, in the sense that in both instances the EU legislator excluded certain aspects from the scope of the rights provided by the common EU rules.

The frequent reference to the spoliation by counsel during the trial and in argument was permissible; merely because evidence may be inflammatory does not mean that it must be excluded.

42 Firstly, with regard to the applicant's argument that the word «doughnuts» is regarded by the Spanish public as descriptive of the goods in question, the Board of Appeal addressed that argument by stating, in paragraph 18 of the contested decision, that for the average Spanish consumer (excluding those who speak English) the word «doughnuts» did not describe the goods or their qualities.

The trial judge rejected this argument, but was overruled by the Court of Appeal, which excluded the Crown's evidence and entered an acquittal.

Plaintiffs argued that evidence of failure to use a seat belt should be excluded because that conduct could not have caused the accident, and a plaintiff should not be required to anticipate negligent conduct by the defendant; the Court rejected that argument based largely on the language of the proportionate responsibility statute, which focuses on the various parties» roles in causing «the personal injury» or the «harm for which recovery of damages is sought,» rather than simply the occurrence that led to the injury.

The court examined the government's argument in which, relying on Pellegrin v France (Application 28541 / 95)(1999) 31 EHRR 651, it contended that Art 6 was not applicable since disputes raised by servants of the state, such as police officers over their conditions of service were excluded from its ambit.

That feature, together with his contention that the trust was a «dynastic» trust for the benefit of his heirs not himself, was strongly relied on by Mr Charman for his argument to exclude Dragon from his resources.

However, this argument fails to understand that such claims fall outside the subject matter of the London Agreement, as provided by Article 5 (2), excluding «claims arising out of the WWII by countries which were at war with or were occupied by Germany during that war, and by nationals of such countries, against the Reich and agencies of the Reich».

Selway J also finds that this determination is bound by the High Court's decision in Croker Island to hold that native title rights to exclude those exercising public rights to fish or navigate in the sea or the inter-tidal zone can not be recognised.11 Rejecting the applicants» argument that a native title right to exclude people permanently from small areas or to exclude temporarily from areas in the sea according to Yolngu traditional laws and customs is not inconsistent with the public right to fish and navigate.12 Parties are invited to make submissions on the proposed determination.

The Brokerage based its argument on the fact that this exclusion used to contain language specifically excluding claims involving consumer protection laws, but the Policy had dropped this language and so now these claims were no longer covered by this exclusion.