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Page "Court of Chancery" ¶ 49
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well and injunction
When the U. S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond.
This was known as the " Wilkerson " or " Daugherty " injunction, which enraged the union as well as many in congress, as it prohibited First Amendment rights.
As well as telling his disciples to be " of one mind and heart on the way towards God "< ref > Augustine of Hippo < cite > The Rule of St Augustine </ cite > Constitutiones Ordinis Fratrum S. Augustini ( Rome 1968 ) Chapter I </ ref > Augustine of Hippo taught that " Nothing conquers except truth and the victory of truth is love " ( Victoria veritatis est caritas ),< ref > Augustine of Hippo < cite > Sermons 358, 1 </ cite > " Victoria veritatis est caritas "</ ref > and the pursuit of truth through learning is key to the Augustinian ethos, balanced by the injunction to behave with love towards one another.
In a recent study Zoltán Göncz has pointed out, the authorial injunction to seek ( Quaerendo invenietis ) does not only relate to the riddle canons but to the six-part ricercar as well, whose archaic title also means to seek.
Parkinson, who partnered Paul Merton on the episode, took considerable ribbing ( although the injunction prevented any reference to his major scandal ) but emerged from the programme intact: even opposing captain and satirist Ian Hislop admitted afterwards that he had come across very well.
On 16 September 2005 DHL won a High Court injunction establishing an exclusion zone around each of its 288 buildings in the UK as well as the homes of its 18, 000 UK employees.
In late March 2006, the Puerto Rico Department of Justice sued federal authorities, including FBI Director Robert Mueller and US Attorney General Alberto Gonzalez, seeking an injunction to force the federal government authorities to provide the Commonwealth government with information related to the operation in which Ojeda Ríos died, as well as another one in which the FBI searched the homes of independence supporters affiliated with Los Macheteros.
The article also reviews the various uses of the now popular aphorism, its limitations as a moral injunction, as well as the increasing frequency of its use not only in medical but other contexts as well.
Landover claims to have obtained a " permanent injunction " against all " unsaved " persons, prohibiting them from being within ten miles of the Landover property as well as forbidding them to enter Landover's website.
Gott filed suit against Berea College for an injunction to stop enforcement of the new rule as well as for damages.
The Steelworkers favored government seizure of the plants under any available theory to a Taft-Hartley injunction against it ; Arthur Goldberg, General Counsel for the Steelworkers and the Congress of Industrial Organizations, argued that the President had the inherent power to seize the plants, as well as the statutory authority under the Selective Service Act and the Defense Production Act.
The High Court of Justice grants relief through orders such as injunction, mandamus and Habeas Corpus, as well as through declaratory judgments.
On May 1, Hornstine filed a complaint in Federal District Court seeking an injunction to prevent the school board from changing its policy retroactively, as well as $ 2. 7 million in damages.
His decision was seen as a repudiation of the higher court's Salinger precedent: " The grant of an injunction would ... suppress an interesting, well researched, provocative study of a figure who, claiming both scientific and religious credentials, has wielded enormous influence over millions of people.
In response to concerns expressed by some members of the City Council, as well as some L. A. residents, regarding the City's injunction policies, the City Attorney's Office in April 2007 issued a report on gang injunctions and an accompanying set of guidelines that articulated the proper application and use of injunctions, as well as providing a roadmap for reformed gang members to get themselves off an injunction.
In May 2006, a Marin Superior Court commissioner issued an injunction that temporarily prohibited Mitchell from visiting the paper, as well as a three-year injunction ( later dismissed in Marin Superior Court case no.
22, as well as the express injunction found in Tosef., ' Ab.

well and prevent
The headquarters of Morgan was on a farm, said to have been particularly well located so as to prevent the farmers nearby from trading with the British, a practice all too common to those who preferred to sell their produce for British gold rather than the virtually worthless Continental currency.
The country's new Robotics Ethics Charter will establish ground rules and laws for human interaction with robots in the future, setting standards for robotics users and manufacturers, as well as guidelines on ethical standards to be programmed into robots to prevent human abuse of robots and vice versa.
The U. S. Department of Defense investigation contract, which is ongoing, will also evaluate the effectiveness of copper alloy touch surfaces to prevent the transfer of microbes to patients and the transfer of microbes from patients to touch surfaces, as well as the potential efficacy of copper-alloy based components to improve indoor air quality.
Toe-clips and toestraps and clipless pedals help keep the foot locked in the proper position on the pedals, and enable the cyclist to pull as well as push the pedals — although not without their hazards, e. g. may lock foot in when needed to prevent a fall.
The aim was to prevent and minimize the consequences of natural outbreaks of dangerous infectious diseases as well as the treat of alleged use of biological weapons against BTWC States Parties.
As well as defending against herbivores, spines help prevent water loss by reducing air flow close to the cactus and providing some shade.
" To prevent large private organizations from thus dominating the body politic, distributism applies this principle of subsidiarity to economic as well as to social and political action.
The price conveys embedded information about the abundance of resources as well as their desirability which in turn allows, on the basis of individual consensual decisions, corrections that prevent shortages and surpluses ; Mises and Hayek argued that this is the only possible solution, and without the information provided by market prices socialism lacks a method to rationally allocate resources.
Current rules regulate who may throw and who may receive a forward pass, and under what circumstances, as well as how the defensive team may try to prevent a pass from being completed.
Interplanting and rotating crops as well as keeping foliage dry are methods to prevent pests in their garden.
Banks played well, but with the right back Len Chalmers carrying an injury, was powerless to prevent second half goals from Bobby Smith and Terry Dyson giving Spurs a 2 – 0 win and the first " double " of the 20th century.
All handguns with a barrel length under 4 inches are prohibited, as well as those chambered in. 25 or. 32 caliber cartridges, presumably to prevent the manufacture of " Saturday Night Specials ".
The first man and woman break God's command and eat the fruit of the forbidden tree, and God expels them from the garden to prevent them from eating of a second tree, the Tree of Life, which would give them god-like immortality as well as god-like wisdom ; a cherub and a flaming sword at the gate bars their return.
Laws of particular concern to free love movements have included those that prevent an unmarried couple from living together, and those that regulate adultery and divorce, as well as age of consent, birth control, homosexuality, abortion, and sometimes prostitution ; although not all free love advocates agree on these issues.
As automakers were switching en masse from carbureted to fuel injected engines during the early to mid-1980s, the detergent additives that existed in most available gasolines proved not to be enough to prevent injection clogging, leading to drivability problems, Mobil received accolades from General Motors and other automakers for increasing the detergency of its Super Unleaded gasoline in 1984 to prevent formation or deposit build-ups of the injectors but also remove existing deposits as well in normal driving.
In practice, there are several approaches to alleviate noise in the output values such as early stopping to prevent overfitting as well as detecting and removing the noisy training examples prior to training the supervised learning algorithm.
However, it does not protect the eye nearly as well as zeaxanthin, and the presence of lutein in the retina will prevent zeaxanthin uptake.
Estrogen and other hormones are given to postmenopausal women in order to prevent osteoporosis as well as treat the symptoms of menopause such as hot flushes, vaginal dryness, urinary stress incontinence, chilly sensations, dizziness, fatigue, irritability, and sweating.
Similar to OEF-P, the goal of humanitarian aid was emphasised, ostensibly to prevent militant organizations from being able to take hold amongst the population as well as reemerge after being removed.
For example, in the two famous Kinsman Transit cases from the 2nd Circuit ( exercising admiralty jurisdiction over a New York incident ), it was clear that mooring a boat improperly could lead to the risk of a boat drifting away and crashing into another boat, and that both boats could crash into a bridge, which collapsed and blocked the river, and in turn, the wreckage could flood the land adjacent to the river, as well as prevent any traffic from traversing the river until it had been cleared.
Preservatives may be added to wood to prevent the growth of fungi as well as to repel insects and termites.
Modern dog boots may also be used for other outdoor activities, such as hunting and hiking, to prevent slippage in wet or snowy weather as well as to keep snow from accumulating between the dog's toes.
A concave tip well is said to help prevent bridging of closely spaced leads ; different shapes are recommended to correct bridging that has occurred.

well and defendant
Later it was revealed by both prosecutors and the defendant as well, that Settle did not have cable TV and did not watch the show.
A defendant may also file a cross-complaint or third-party complaint as well to bring other parties into a case by the process of impleader.
" There is considerable academic debate about whether vicarious liability is justified on no better basis than the search for a solvent defendant, or whether it is well founded on the theory of efficient risk allocation.
But, it survived well into the mid 19th century in some state courts ( for example, South Carolina granted a defendant benefit of clergy in 1855 ).
In the United States, some view the requirement that jurors take an oath to be unlawful in itself, while still others view the oath's reference to " deliverance " to require nullification of unjust law: " will well and truly try and a true deliverance make between the United States and the defendant at the bar, and a true verdict render according to the evidence, so help God.
v. of 1413, which laid down that in all original writs of action, personal appeals and indictments, in which process of outlawry lies, the " estate degree or mystery " of the defendant must be stated, as well as his present or former domicile.
While the test offered by Hand does not encompass all the criteria available above, juries in a negligence case might well still be instructed to take the other factors into consideration in determining whether the defendant was negligent.
One night, as some children were playing a game in a side room of a house during a social event, they were having a mock trial with judges and accusers as well as a defendant.
This case involved the two parties MAI Systems and Peak Computer, as well as defendant Eric Francis, a former MAI Systems Corporation employee who joined Peak Computer, Inc.
The defendant, furthermore, could not claim the benefit of clergy in treason cases ; but the benefit of the clergy, as well, was abolished during the 19th century.
If the defendant is considered incompetent to proceed, the report or testimony will include recommendations for the interim period during which an attempt at restoring the individual's competency to understand the court and legal proceedings, as well as participate appropriately in their defense will be made.
Convictions from all 50 states and the federal courts at any point in the defendant's past, as well as juvenile offenses if the defendant was age 16 or older that would otherwise be sealed can be counted ( although once a juvenile record is sealed, it cannot be " unsealed "; it does not exist any longer and there is no longer any record to be used as a prior conviction ), regardless of the date of offense or conviction or whether the conviction was the result of a plea bargain.
If a defendant intends to cause the plaintiff to actually fear a harmful contact, for example, it will therefore always suffice as apprehension, but there are other ways to achieve apprehension as well.
In other words, ' unclean hands ' can be used offensively by the plaintiff as well as defensively by the defendant.
Once sentenced, a defendant has the right to appeal against the sentence as well as the conviction.
A defendant may well raise excuses, justifications, affirmative defenses, and procedural defenses.
If the cause of action is premised on a written instrument such as a contract or a deed, the original document must be provided to the court, and the defendant may use a motion for a bill of particulars to compel the production of this document as well.
If, for example, the plaintiff seeks $ 3, 000 and recovers $ 2, 960, the plaintiff will have no right to appeal, but the defendant will ( having been assessed a judgment well in excess of $ 50 ).
The case opines that the government was obliged to search its own electronic data to produce responsive documents ( versus providing a 10-million page data dump ), submit materials allegedly covered by the deliberative process privilege to the Court for in camera review, and search its e-mail and attachments after cooperating with the plaintiff in the negotiation of an appropriate search protocol “ designed to retrieve responsive information without incurring an unduly burdensome expense disproportionate to the size and needs of the case .” Notably, Judge Scheindlin finds in this case that the burden rests with the U. S. Securities and Exchange Commission ( SEC ) to provide to the defendant the compilation of documents that support the allegations in the Complaint, rather than passing the burden to the defendant to come up with “ appropriate ” search terms, especially since “ the inaccuracy of such searches is by now relatively well known .” ( In Footnote 39, she references TREC Legal Track and other studies that research and report on different search methodologies.
Others accept that he was merely echoing language used by the defendant in her own submissions to the court as well as in her publicity.
* In England, these objections would have to be very well based, such as the defendant knowing a potential juror, to be allowed.
On 5 May, Khan sentenced Bukaru and Mua, as well as a third defendant, former politician Eroni Lewaqai, to prison terms of two and a half years.

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