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The case considered whether the United States Congress may pass legislation preventing the Supreme Court from hearing the case of an accused combatant before his military commission takes place, whether the special military commissions that had been set up violated federal law ( including the Uniform Code of Military Justice and treaty obligations ), and whether courts can enforce the articles of the 1949 Geneva Convention.
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case and considered
However, in this case as elsewhere it was necessary to arrive at a single standard to be applied to all situations, representing an averaging of conditions, and thus to fix particular points in time which would be considered the dividing points between daytime and nighttime conditions.
It seems to be indispensable to the national self-esteem that the Negro be considered either as a kind of ward ( in which case we are told how many Negroes, comparatively, bought Cadillacs last year and how few, comparatively, were lynched ), or as a victim ( in which case we are promised that he will never vote in our assemblies or go to school with our kids ).
ANOVA is considered to be a special case of linear regression
Instead of starting from theory and applying theory to a particular case, casuists start with the particular case itself and then ask what morally significant features ( including both theory and practical considerations ) ought to be considered for that particular case.
The determination of whether any particular condition is considered a disability is made on a case by case basis.
Although the terms adiabatic and isocaloric can often be interchanged, adiabatic processes may be considered a subset of isocaloric processes ; the remaining complement subset of isocaloric processes being processes where net heat transfer does not diverge regionally such as in an idealized case with mediums of infinite thermal conductivity or non-existent thermal capacity.
In this case, the arthritis is considered to be secondary to the main disease ; these include:
Nevertheless it remains the case that, although spoken American and British English are generally mutually intelligible, there are enough differences to cause occasional misunderstandings or at times embarrassment — for example some words that are quite innocent in one dialect may be considered vulgar in the other.
Some problems may encounter only very small viscous effects on the solution, in which case viscosity can be considered to be negligible.
Nowadays, " amorphous solid " is considered to be the overarching concept, and " glass " the more special case: A glass is an amorphous solid that transforms into a liquid upon heating through the glass transition.
Chiefs and other leaders preside over customary, traditional courts, though all persons have the right to request that their case be considered under the formal British-based legal system.
Fatty acids are considered the monomer in that case, and may be saturated ( no double bonds in the carbon chain ) or unsaturated ( one or more double bonds in the carbon chain ).
In the latter case, or if a nation-state uses it clandestinely, it may also be considered bioterrorism.
These interventions were meant to put an end to democratic liberalization efforts and uprisings that had the potential to compromise Soviet hegemony inside the Eastern bloc, which was considered by the Soviets to be an essential defensive and strategic buffer in case hostilities with NATO were to break out.
With their careful construction — and in the case of Easy Street and The Immigrant, their social commentary — these films are considered by Chaplin scholars to be among his finest work.
This approach is considered more cost-effective than multiprocessing, as only a small number of components within a CPU is replicated to support MT as opposed to the entire CPU in the case of MP.
Much of the income derived from the sale of foods and alcohol is not " on the books " and thus is not considered in calculating per capita income, which is one reason why official figures for per capita income are not accurate in the case of the CAR.
In such a case the President is often the COO and is considered to be more focused upon daily operations compared to the CEO which is supposed to be the visionary.
In this case, criminalization becomes a way to set the price that one must pay to society for certain actions considered detrimental to society as a whole.
This is also the case in countries where liberal economic ideas have been the tradition, such as the United States, and are thus considered conservative.
This is not considered to be double jeopardy, either – in this case, the appeal and subsequent conviction are deemed to be a continuation of the original trial.
case and whether
The Connally amendment says that the United States, rather than the court, shall determine whether a matter is essentially within the domestic jurisdiction of the United States in a case before the World Court to which the United States is a party.
Besides the lack of an adequate ethical dimension to the Governor's case, one can ask seriously whether our lead over the Russians in quality and quantity of nuclear weapons is so slight as to make the tests absolutely necessary.
In the rare case where a corporation's only substantial asset, or its most important one, is a claim for refund, perhaps its transfer should not be permitted, whether the reorganization takes the form of a statutory merger or of the acquisition of assets for stock.
If anyone asked us, after we made the remark that the suffering was a bad thing, whether we should think it relevant to what we said to learn that the incident had never occurred and no pain had been suffered at all, we should say that it made all the difference in the world, that what we were asserting to be bad was precisely the suffering we thought had occurred back there, that if this had not occurred, there was nothing left to be bad, and that our assertion was in that case mistaken.
There was no directive for it -- the Security Council's resolution had not mentioned political matters, and in any case the United Nations by the terms of its charter may not interfere in the political affairs of any nation, whether to unify it, federalize it or Balkanize it.
Thus, if what is at issue is whether `` All S is P '', it is indifferent whether `` Some S is not P '' or `` No S is P '', since in either case the judgment in question is false.
There was some debate at the time whether there should be more control characters rather than the lower case alphabet.
The highest state court, generally known as the Supreme Court, exercises discretion over whether it will review the case.
In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were.
Some appellate courts, particularly supreme courts, have the power of discretionary review, meaning that they can decide whether they will hear an appeal brought in a particular case.
We do not know whether this case resulted in a successful prosecution or not ; moreover, Poirot is not above lying in order to produce a particular effect in the person to whom he is speaking, so this evidence is not reliable.
It may be applied, as it is stated in article 1 of the convention in case of: offenses against penal law ; acts which, whether or not they are offenses, may or do jeopardize the safety of the aircraft or of persons or property therein or which jeopardize good order and discipline on board.
In addition to establishing the level and denomination of the final contract, the final contract may be doubled ( by the opponents ) or redoubled ( by the declaring side after the opponents had already doubled ), in which case the score for the hand is increased, whether the contract is made or defeated.
In addition to de facto renunciation through apostasy, heresy, or schism, the Roman Catholic Church envisaged from 1983 to 2009 the possibility of formal defection from the Church through a decision manifested personally, consciously and freely, and in writing, to the competent church authority, who was then to judge whether it was genuinely a case of " true separation from the constitutive elements of the life of the Church ... ( by ) an act of apostasy, heresy or schism.
Pfanzagl's axiomatization was endorsed by Oskar Morgenstern: " Von Neumann and I have anticipated " the question whether probabilities " might, perhaps more typically, be subjective and have stated specifically that in the latter case axioms could be found from which could derive the desired numerical utility together with a number for the probabilities ( cf.
This may be the case for words such as church in rhotic dialects of English, although phoneticians differ in whether they consider this to be a syllabic consonant,, or a rhotic vowel,: Some distinguish an approximant that corresponds to a vowel, for rural as or ; others see these as a single phoneme,.
I am not sure whether Dubliners realise that that is what we are about today, but in effect that is the case.
Upon the motion to certify the class, the defendants may object to whether the issues are appropriately handled as a class action, to whether the named plaintiffs are sufficiently representative of the class, and to their relationship with the law firm or firms handling the case.
For example, a court might certify a case for class treatment where a number of individual bond-holders sue to determine whether they may convert their bonds to common stock.
A different dimension on which dictionaries ( usually just general-purpose ones ) are sometimes distinguished is whether they are prescriptive or descriptive, the latter being in theory largely based on linguistic corpus studies — this is the case of most modern dictionaries.
The government is not permitted to appeal or try again after the entry of an acquittal, whether a directed verdict before the case is submitted to the jury, a directed verdict after a deadlocked jury, an appellate reversal for sufficiency ( except by direct appeal to a higher appellate court ), or an " implied acquittal " via conviction of a lesser included offence.
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