The two
recognized exceptions to judicial immunity from civil suits are where the judge acted completely without jurisdiction or where the act is administrative, rather than judicial, in nature.
The court also discussed whether the FB chat statements attributed to the accused were hearsay, and decided that they were, but they were admissible as statements by the accused himself, i.e. they fell within
a recognized exception to the exclusion of hearsay.
Regardless, New York law
recognizes an exception to the general rule.
These are the states that
recognize this exception to at - will employment: • Alabama • Alaska • Arizona • California • Delaware • Idaho • Massachusetts • Montana • Nebraska • Utah • Wyoming If you have a question about at - will employment, it's best to talk to a lawyer near you.
A well -
recognized exception to the general rule applies when the divorce proceeding is bifurcated.
Assuming the documentary productions could be used to impeach the plaintiff / complainant in the course of her testimony at the criminal trial (impeachment is
a recognized exception to the deemed undertaking rule, in that Rule 30.1 does not prohibit discovery evidence being used for this purpose), the civil defence lawyer emailed the plaintiff's productions to his criminal counterpart.
As with other class privileges, the SCC
recognized an exception to the aforementioned rule with respect to settlement amounts contained in Pierringer Agreements.
at 160 n. 18 («we need not determine whether Texas law should
recognize exceptions to the learned intermediary doctrine»).
Not exact matches
Instead, he would essentially sanction the complete turnover of the shareowner's proxy
to managers
to facilitate their own entrenchment, with the possible
exception that some rights
to submit proxy proposals might still be maintained by hedge funds, the only shareowners
recognized in Gallagher's speech as representing the rights of «ordinary» investors.»
Since pluralists
recognize the fact of
exceptions to deep conventions, and lack any overriding values, the problem is «
to arrest the slide» that begins with the rejection of a watertight monism and ends with blatant relativism.
With the Upanishads we come
to the end of the Veda, and also the end of the sruti sacred literature, with the
exception of the Bhagavad Gita, which if not universally so
recognized is, by great numbers of Indians, ranked along with the most sacred Vedic literature.
To be sure, there are a few
exceptions: in the case of murder, for example, we
recognize justifications such as self - defense, excuses such as insanity, and mitigations such as provocation.
Evolutionary biologists, with some notable
exceptions, such as Dobzhansky (1967), Wright (1969), Waddington (1961) Rensch (1961), and Thorpe (1965), scarcely seem
to recognize that this is a problem requiring interpretation.
The Catholics
recognized that, in matters of sexual morality,
to make
exceptions, even for «very extreme and extraordinary cases,» would lead
to anarchy.
It may be also that Western middle - class affluence will soon be
recognized not as the universal ideal but as a remarkable
exception in human history, one bearing great stewardship opportunities and responsibilities for worldwide extension of the gospel and for helping the underprivileged
to help themselves.
Here we can not go into the analyses of each of these trends or the adequacy of Ferré's interpretation of the recent trends in American theology, except
to say that theologians of different persuasions, with the possible
exception of the so - called liberals, while
recognizing the usefulness of the history of religions, nevertheless agree with Professor Hendrik Kraemer in stating that only theology «is able
to produce that attitude of freedom of the spirit and of impartial understanding, combined with a criticism and evaluation transcending all imprisonment in preconceived ideas and principles as ultimate standards of reference.»
Of course there have been
exceptions to this, and cures by special miracle have at all times been
recognized within the church's pale, almost all the great saints having more or less performed them.
With the
exception of most Muslim countries, North Korea, and Cuba, most countries
recognize Israel's right
to exist.
The Public Policy
exception permitted the Home State not
to recognize a marriage from a Foreign (another) State, where the type of marriage seeking recognition was «repugnant
to the public policy of the forum state.»
Without
exception, my students
recognized that this online method of learning helped
to improve their writing and critical thinking skills.
Sometimes that matters and sometimes it doesn't, so just keep it in mind and
recognize that this is one of those
exceptions to the rule for us exceptional big - busted women!
The only
exceptions are Stone and Bridges, both of whom get a few wonderful opportunities
to exercise their inadequately
recognized comic gifts.
Without
exception, the projects emphasized an asset - based approach, preparing mid-career professionals and recent college graduates
to become teachers who
recognize and build on their students» academic, cultural and linguistic strengths.
There were some big industry professionals there, and with only one
exception, everyone seemed willing
to recognize that we are free
to choose our own paths.
Gain on a full surrender Gain on partial distributions IRA distributions TSA / ORP distributions Correction of excess contributions
to IRAs Conversion of IRA assets
to a Roth IRA Gain on surrender of Paid Up Additions (PUAs)(Note: Automatic surrender of PUAs for Value Pay is not a taxable event) Processing of Non-Forfeiture Option (NFO)
to Extended Term Insurance (ETI) or Reduced Paid Up (RPU) Interest earned on dividend accumulations Loan on a MEC Dividend used
to reduce loan interest on a Modified Endowment Contract (MEC) Dividend used
to reduce loan on a MEC Compound of loan interest on a MEC Gain
recognized on lapsed contract with a loan Collateral assignment on a MEC Non-qualified Annuity (NQA) Collateral Assignments Special interest paid on money held too long Interest earned on advance premiums 1035 exchange without paying off loan first Earnings on non-individual owner contracts for which an
exception under section 72 (u) of the Internal Revenue Code does not apply
However, it is incumbent on the breeder
to exercise good judgment in considering such
exceptions and
recognize that 18 months of age will be the minimum age accepted without a written explanation from the treating veterinarian.
The AKC
recognizes two clips: the Lion Clip (muzzle, midsection, and hindquarters are clipped) and the Retriever Clip (the entire coat is uniformly clipped
to about one inch with the
exception of the end of the tail).
With the
exception of emergency situations that will be defined in Section 7 below, funding will be granted only
to groups that are
recognized by the Chinese Shar - Pei Club of America
to receive funding assistance.
Those always industrious elves over in the TripFilms.com tree house are always up
to something creative, and this week was no
exception: they announced the finalists for their first annual Trippy Awards, a contest
recognizing the many travel video contributors
to their site.
Jean - Michel Cousteau Diving Caribbean is
recognized for finding the best dive sites any region has
to offer, and Petit St. Vincent is no
exception.
Although overlooked by collectors in his day (Albert Barnes being a rare
exception), Maurer is currently
recognized as one of the first American artists
to fully embrace modernism.
With the
exception of the 1991 ICE memos — which I will get
to shortly — the next most favored leaked memo phrase is the one out of the 1998 API documents, «Victory will be achieved when... Average citizens «understand» (
recognize) uncertainties in climate science...» That isn't a sinister industry directive, it is a basic truism.
«As President Obama prepares
to take the stage and confront California's drought issues today,» says Surfrider Foundation's Environmental Director Chad Nelsen, «it's important
to recognize that the drought will no longer be the
exception, but the rule.
In general, that risk is
to be borne by the purchaser unless the circumstances fall within
recognized exceptions.
Some
exceptions to general liability for tort have been
recognized, and others have been rejected, without any clear principle emerging.
If that seems like something out of the ancient past in an age of hundred - million - dollar lawsuits over your phone's bezel design, students can also come
to see that education retains an «exceptional» status within intellectual property law that promotes learning through fair use rights (copyright), experimental
exceptions (patents), and an academic
exception that
recognizes the special contribution of teachers and scholars in creating intellectual property that does not simply and automatically belong
to their employer (both).
This program will provide an overview of the
exceptions to the at - will doctrine, with particular focus on the public policy
exceptions recognized under common law.
Nevertheless, the trial court judge
recognized the manifest injustice
exception to the Virginia bar on spousal support
to an adulterous spouse due
to the disparities in income of the parties.
34 Whether there is a general category broader than the sub-category, it must at least be
recognized that there can not be any public - interest or public - protection
exception, writ large,
to the presumption against retrospectivity, for the simple reason that every statute, whatever its content, can be said
to be in the public interest or for the public protection.
Unfortunately, most of the old brands
recognized for quality by the legal research community have been discontinued — Carswell itself is one of the
exceptions having survived as after several attempts
to link the name
to The Thomson Corporation.
That is, the public value of learning is
recognized and protected, by enabling an
exception to copyright's exclusive monopoly when it comes
to «the purpose of research, private study, education» (as well as parody or satire, criticism or review, and news reporting).
The weird thing about this,
to me, is that the courts have a procedure
to avoid making the disclosure public: «A well
recognized means for an attorney
to demonstrate the existence of an
exception to the general rule, while simultaneously preserving confidentiality of the identity of his client, is
to move the court for an in camera ex parte hearing.»
I was amused
to discover that, among the
exceptions recognized by the Supreme Court, are «fighting words» and «offensive speech,» which I believe would be the closest proscriptions on «cursing.»
By creating the right
to invoke
exceptions in certain circumstances, Members have
recognized a priori the possibility that the benefits they derive from certain concessions may eventually be nullified or impaired at some future time for reasons
recognized as being of overriding importance.
Secondly, although some courts have
recognized compelled self - publication as an
exception, the Supreme Judicial Court refused
to adopt the doctrine.
While there are always
exceptions, the police generally
recognize and respect the right
to counsel of those who are under their authority.
Subject
to the
exceptions provided for in Annex 1
to this Convention, Contracting Parties shall be bound
to admit
to their territories in international traffic motor vehicles and trailers which fulfil the conditions laid down in Chapter III of this Convention and whose drivers fulfil the conditions laid down in Chapter IV; they shall also be bound
to recognize registration certificates issued in accordance with the provisions of Chapter III as prima facie evidence that the vehicles
to which they refer fulfil the conditions laid down in the said Chapter III.
He demonstrates, with case citations, that American courts have largely failed
to recognize the risk posed by admitting out of court «statements» made by computers, often by utilizing the business records
exception in a manner treats computer - generated as far more reliable than they deserve
to be treated given the commonplace challenges in processing data: «Just because businesses rely on faulty computer programs does not necessarily mean that courts should follow suit.»
This paper will begin with a brief overview of the movement in the legal profession
to recognize an economic harm
exception, followed by an analysis of the opposition.
More important, as the years passed, a scattering of lower courts across the country began
to recognize an in - house law firm privilege that covered all communications between firm lawyers and law firm General Counsel, or
recognized only narrow
exceptions.