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absence and statutory
An abettor differs from an accessory in that he must be present at the commission of the crime ; all abettors ( with certain exceptions ) are principals, and, in the absence of specific statutory provision to the contrary, are punishable to the same extent as the actual perpetrator of the offence.
Equity prevents a party from relying upon an absence of a statutory formality if to do so would be unconscionable and unfair.
Thus, in the absence of such statutory provisions, the members of an LLC must establish governance and protective provisions pursuant to an operating agreement or similar governing document.
Tax exemption generally refers to a statutory exception to a general rule rather than the mere absence of taxation in particular circumstances ( i. e., an exclusion ).
Youngstown Sheet & Tube Co. v. Sawyer,, also commonly referred to as The Steel Seizure Case, was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the United States Constitution or statutory authority conferred on him by Congress.
Even despite the Court's evident lack of sympathy for the broad claims of inherent power made by the government, Truman and many other observers expected the Court to uphold his authority to act in the absence of express statutory authorization.
While he would not rule out the possibility that the President might acquire the power to take certain actions by a long course of conduct unobjected to by Congress, he found the statutory history persuasive evidence that Congress had not acquiesced, much less authorized seizure of private property in the absence of a formal declaration of war.
Linda and Morris Tannehill, in The Market For Liberty, opposed statutory law and advocated the usage of natural law as the basis for society and point out that society would not be lawless in the absence of the state.
This case was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the United States Constitution or statutory authority conferred on him by Congress.
As to trademarks, in the absence of statutory guidance, courts have extended both types of secondary liability ( vicarious and contributory ) to third parties, including in some circumstances ISPs.

absence and right
Some jurisdictions hold this as an absolute right, and in its absence, a sentence may potentially be overturned, with the result that a new sentencing hearing must be held.
A critical stage is " any stage of the prosecution, formal or informal, in court or out, where counsel's absence might derogate from the accused's right to a fair trial.
Conflicts are born from the absence of moral uniformity found in man in his natural state, i. e. the absence of the definition of what is right ( 是 shì ) and what is wrong ( 非 fēi ).
A 1984 ruling said " the land over which a public right of way exists is known as a highway ; and although most highways have been made up into roads, and most easements of way exist over footpaths, the presence or absence of a made road has nothing to do with the distinction.
From earliest times and in many distant armies throughout history, the right hand ( or " weapon hand ") has been raised as a greeting of friendship and to demonstrate the absence of a weapon.
It is also argued that in the absence of a ranked ballot system supporters of minor parties are effectively disenfranchised and denied the right of representation by someone of their choosing.
The absence of U-233 and its daughter products in the MOX fuel results in a lower activity in region 3 of the figure on the bottom right, whereas for RGPu and WGPu the curve is maintained higher due to the presence of U-233 that has not fully decayed.
In the absence of political order and law, everyone would have unlimited natural freedoms, including the " right to all things " and thus the freedom to plunder, rape, and murder ; there would be an endless " war of all against all " ( bellum omnium contra omnes ).
In the absence of explicit grouping, the unary messages are considered to have the highest precedence followed by binary ( grouping left to right ) and the keywords having the lowest.
Brasillach was executed by firing squad in February, 1945, despite the outcry from Anouilh and his peers that the new government had no right to persecute individuals for " intellectual crimes " in the absence of military or political action.
The Daughters of Zelophehad () were five sisters in the Hebrew Bible who lived during the Exodus of the Israelites from Egypt, and who raised before Moses the case of a woman's right and obligation to inherit property in the absence of a male heir in the family.
The term ‘ fair ’ is meant to denote not only a smooth transition from fore to aft but also a shape that was ‘ right .’ Determining what is ‘ right ’ in a particular situation in the absence of definitive supporting analysis encompasses the art of naval architecture to this day.
On the bench, the Chief Justice of Canada or, in his or her absence, the senior puisne justice, presides from the centre chair with the other justices seated to his or her right and left by order of seniority of appointment.
The troposphere extends upwards from right above the boundary layer, and ranges in height from an average of at the poles, to at the Equator .< ref > In the absence of inversions and not considering moisture, the temperature lapse rate for this layer is 6. 5 ° C per kilometer, on average, according to the U. S. Standard Atmosphere.
John tried to deprive his son of his constitutional right to act as lieutenant-general of Aragon during his father's absence.
" Nothing in the purposes animating the Commerce Clause prohibits a State, in the absence of congressional action, from participating in the market and exercising the right to favor its own citizens over others.
After being filled in on everything that has happened to the Scoobies in his absence, Giles apologizes to Buffy, insisting that he never should have left them, but Buffy assures him that he did the right thing.
In the absence of lane markings indicating otherwise, left turns should be made from the leftmost lane and right turns from the rightmost lane to avoid collision or blocking of traffic going straight.
In accordance with tradition, the right of consecration belongs to the Dean of the College of Cardinals, in his absence to the Subdean, and in the absence of both of these, to the senior Cardinal Bishop.
Such absence of international obligation and the desire of the right to demand such criminals of other countries have caused a web of extradition treaties or agreements to evolve ; most countries in the world have signed bilateral extradition treaties with most other countries.

absence and marriage
It is possible that an initially mild attraction to Weightman assumed increasing importance to Anne over time, in the absence of other opportunities for love, marriage, and children.
When the king saw Anne for the first time in late December 1539, a week before the scheduled wedding, he did not find her attractive but was unable, for diplomatic reasons and in the absence of a suitable pretext, to cancel the marriage.
In his absence, it is assumed he has died, and his wife Penelope and son Telemachus must deal with a group of unruly suitors, the Mnesteres ( Greek: ) or Proci, who compete for Penelope's hand in marriage.
Six months after the marriage, Heathcliff returns as a gentleman, having grown stronger and richer during his absence.
After she provides a loose excuse for her absence and departure, they pick up where they left off, though she remains evasive and avoids his desire for marriage.
In medieval Europe, marriage came under the jurisdiction of canon law, which recognized as a valid marriage one where the parties stated that they took one another as wife and husband, even in absence of any witnesses.
In medieval Europe, marriage was governed by canon law, which recognised as valid only those marriages where the parties stated they took one another as husband and wife, regardless of the presence or absence of witnesses.
Matrimonial regimes, or marital property systems, are systems of property ownership between spouses providing for the creation or absence of a marital estate, and if created, what properties are included in that estate, how and by whom it is managed, and how it will be divided and inherited at the end of the marriage.
From 10 November 1947 until 24 November 1947, Rajaji served as Acting Governor-General of India in the absence of the Governor-General Lord Mountbatten, who was on leave in England to attend the marriage of Princess Elizabeth to Mountbatten's nephew Prince Philip.
However, during his absence on foreign service, Joan, under pressure from her family, contracted another marriage with William Montacute, 2nd Earl of Salisbury ( of whose household Holland had been seneschal ).
As a younger son of a reigning duke, the absence of any foreign commitments allowed him to remain permanently in Britain — the Queen's primary concern — and she declared the marriage would go ahead.
His absence was partly due to a feeling that it was hopeless to struggle against the will of the Tory ministry, but more particularly to his marriage on 14 April 1814, to Esther, only daughter of Richard Acklom of Wiseton Hall, Nottinghamshire, who died in childbirth in 1818, to her husband's intense grief.
In the absence of any birth certificate, they authenticated her age using U. S. Census Bureau records and her 1903 marriage license.
His first marriage was in 1988 to Debbie Jones, a British woman he met on tour, but divorced in 1990 due to Ulrich's constant absence during the recording of The Black Album.
He persuaded Charles to despatch him to Italy to view the Medici princesses, but the royal marriage and treaty with Portugal were settled in his absence.
However, these requirements were directory rather than mandatory and the absence of banns or a licence – or even the fact that the marriage was not celebrated in a church – did not render the marriage void.
With the absence of Yamauchi ’ s father, his grandparents met to arrange the marriage.
Common-law marriages, if recognized, are valid, notwithstanding the absence of a marriage license.
In western culture this often means adherence to marriage vows, or of promises of exclusivity or monogamy, and an absence of adultery.
In the end he chose Faile, but even after his marriage to her, Berelain took advantage of Faile's later absence ( see below ) to attempt to leash him to her with rumors and suspicions among his followers.
However, the absence of clear Biblical statements expressing the doctrine, in combination with the principle of sola scriptura, kept references to the doctrine out of the Reformation creeds and, together with the tendency to associate veneration of Mary with idolatry and the rejection of clerical celibacy, led to the eventual denial of this doctrine among Protestants, who, thus uncommitted to the doctrine of perpetual virginity, take the " brothers " ( ἀδελφοί ) οf Jesus mentioned in the New Testament most naturally ( but not certainly ) to be children of Mary and thus Jesus ' half brothers, rather than his cousins or stepbrothers from a postulated previous marriage of Joseph.

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