The rites treated in this code, unless otherwise stated, are those that arise from the Alexandrian, Antiochene, Armenian, Chaldean and Constantinopolitan traditions " ( canon 28 ) When speaking of the Eastern Catholic Churches, the 1983 Latin Code of Canon Law uses the terms " ritual Church " or " ritual Church sui iuris " ( canons 111 and 112 ), and also speaks of " a subject of an Eastern rite " ( canon 1015 § 2 ), " Ordinaries of another rite " ( canon 450 § 1 ), " the faithful of a specific rite " ( canon 476 ), etc.

§ 1983, a post-Civil War civil rights statute that allows citizens to sue state and local officials in federal courts for constitutional violations.

§ 1983.

He contended that § 1983 was not an appropriate vehicle for Harvey ’ s action.

According to a previous case, Heck v. Humphrey ( 1994 ), a convicted criminal defendant cannot bring a § 1983 action that would " necessarily imply the invalidity of his conviction or sentence " unless the defendant can prove that his " conviction or sentence has already been invalidated.

" As such, the majority opinion in the appeal overturned the lower court's ruling because it found that Harvey had substantively failed to make a claim under § 1983.

By bringing his claim directly to federal court under § 1983, Harvey had violated procedure:

Because the substance of a claim cannot be severed from the proper manner of presenting it, we find Harvey ’ s § 1983 action to be deficient.

The opinion went on to state that Harvey's action under § 1983 " sought to invalidate a final state conviction whose lawfulness has in no way been impugned ".

The court found this argument to be an evasion, saying, " He is trying to use a § 1983 action as a discovery device to overturn his state conviction ".

… Establishing a constitutional due process right under § 1983 to retest evidence with each forward step in forensic science would leave perfectly valid judgments in a perpetually unsettled state.

While he agreed that the lower court's decision was incorrect, he also contended that Harvey's claim could properly be brought under § 1983.

King agrees with Harvey's attorney, Peter J. Neufeld, that the evidence could indeed inculpate Harvey and thus that § 1983 was a proper vehicle for bringing the action.

§ 1983 and 42 U. S. C.

Applying the doctrine of judicial immunity adopted by the U. S. Supreme Court in Bradley v. Fisher in 1871 and held applicable to § 1983 actions in Pierson v. Ray in 1967, Judge Luther M. Swygert, writing for himself and Judges Harlington Wood, Jr., and William G. East, found that immunity is available only when a judge has jurisdiction over the subject-matter of a case and that it is not available when he acts in " clear absence of all jurisdiction.

§ 1983, noting that nothing in that statute suggested that Congress had intended to abrogate state sovereign immunity through its passage.

§ 1983, which permits parties to sue state actors to recover for civil rights violations, also abrogated the immunity of the states, permitting a recovery from the state treasury where the rights of a citizen have been violated by an official of the state.

§ 1983 to get an injunction preventing District Attorney Evelle J.

§ 242 is " the criminal analog of 1983.

§ 1983 creates against the states.

§ 1983 for failing to enforce a restraining order, which had led to the murder of a woman's three children by her estranged husband.

§ 1983, claiming a Federally-protected property interest in enforcement of the restraining order and alleging " an official policy or custom of failing to respond properly to complaints of restraining order violations.

502 § 3 ").</ ref > Capitular election was the default rule before the adoption of the 1983 Code of Canon Law ; this old default rule is reflected in the term for the equivalent of a diocesan administrator in the 1917 code: vicar capitular.

The prerequisites to open the public law remedy are listed in § 40 I VwGO.

According to Morrison, " assuming that there has been gender-based disparate treatment by state authorities in this case, it would not be enough to save § 13981's civil remedy, which is directed not at a State or state actor but at individuals who have committed criminal acts motivated by gender bias.

As a result, if an award is to be made, and I believe it should be, it is necessary to amend the existing statute that is currently being processed through the Department .” Rep. Jim Slattery, who drafted the House version of the 1989 amendment to 10 USC § 1128, explained to the House Committee on Armed Services that the amendment was intended to remedy “ a quirk in the law ” that required active armed conflict against an enemy state.

Therefore, if Chadha were to succeed in invalidating § 244 ( c )( 2 ), his means of remedy in § 244 ( a )( 1 ) will also be destroyed, and there will be no relief possible.

§ 68 VwVGO rules the preliminary proceeding, called “ Vorverfahren ” or “ Widerspruchsverfahren ”, which is a stringent prerequisite for the administrative procedure, if an action for rescission or a writ of mandamus against an authority is aimed.

In his search for new forms of tonality, Bartók turned to Hungarian folk music, as well as to other folk music of the Carpathian Basin and even of Algeria and Turkey ; in so doing he became influential in that stream of modernism which exploited indigenous music and techniques ( Botstein, § 6 ).

In May 2010, the Washington State Supreme Court provided an opinion after it was asked to certify a question referred by the United States District Court for the Eastern District of Washington: “ Whether a public library, consistent with Article I, § 5 of the Washington Constitution, may filter Internet access for all patrons without disabling Web sites containing constitutionally-protected speech upon the request of an adult library patron .” The Washington State Supreme Court ruled that NCRL ’ s internet filtering policy did not violate Article I, Section 5 of the Washington State Constitution.

Moore's argument for the indefinability of “ good ” ( and thus for the fallaciousness of the “ naturalistic fallacy ”) is often called the Open Question Argument ; it is presented in § 13 of Principia Ethica.

Moore, as a consequentialist, argued that " duties " and moral rules could be determined by investigating the effects of particular actions or kinds of actions ( PE § 89 ), and so were matters for empirical investigation rather than direct objects of intuition ( PE § 90 ).

" In § 166, I instanced the enormous horns of the extinct Irish elk, and contended that in this and in kindred cases, where for the efficient use of some one enlarged part many other parts have to be simultaneously enlarged, it is out of the question to suppose that they can have all spontaneously varied in the required proportions.

The Code of Canon Law 332 § 2 states, " If it happens that the Roman Pontiff resigns his office, it is required for validity that the resignation is made freely and properly manifested but not that it is accepted by anyone.

The Restatement ( Second ) of Torts, § 328D describes a two step process for establishing res ipsa loquitur.

He is perhaps best known for the philosophical statement " Cogito ergo sum " (; ), found in part IV of Discourse on the Method ( 1637 – written in French but with inclusion of " Cogito ergo sum ") and § 7 of part I of Principles of Philosophy ( 1644 – written in Latin ).

Section 508 § 1194. 3 General exceptions describe exceptions for national security ( e. g., most of the primary systems used by the National Security Agency ( NSA )), incidental items not procured as work products, individual requests for non-public access, fundamental alteration of a product's key requirements, or maintenance access.

Arthur Schopenhauer wrote in § 18 of On the Fourfold Root of the Principle of Sufficient Reason ( 1813 ): "... the representation of coexistence is impossible in Time alone ; it depends, for its completion, upon the representation of Space ; because, in mere Time, all things follow one another, and in mere Space all things are side by side ; it is accordingly only by the combination of Time and Space that the representation of coexistence arises.

* Contracts for the sale of goods involving a purchase price of $ 500 ($ 50 in Alberta, Canada ) or more ( proposed Amended UCC § 2-201 ( 1 ) requires a writing for contracts for the sale of goods of a price of $ 5000 or more ).

The most recent revision of UCC § 2-201 increases the triggering point for the UCC Statute of Frauds to $ 5, 000, but as of 2006 no U. S. state has adopted revised Section 201.

Uniform Commercial Code § 1-206 sets out a " catch-all " statute of frauds for personal property not covered by any other specific law, stating that a contract for the sale of such property where the purchase price exceeds $ 500 is not enforceable unless memorialized by a signed writing.

II, § 3, personally and through officers whom he appoints ( save for such inferior officers as Congress may authorize to be appointed by the " Courts of Law " or by " the Heads of Departments " who with other presidential appointees ), Art.

After Eugene Dennis was convicted in the Foley Square trial for attempting to organize a Communist Party in the United States pursuant to the Smith Act § 2, he petitioned for certiorari, which the Supreme Court granted.