and ( 2 ) such other special funds as may, in the discretion of the Secretary of the Treasury, be required each to be a claims fund to be known by the name of the foreign government which has entered into a settlement agreement with the Government of the United States as described in subsection ( A ) of Section 4 of this Title.

" Ever since the time of my ancestor Ali, the first Imam, that is to say over a period of thirteen hundred years, it has always been the tradition of our family that each Imam chooses his successor at his absolute and unfettered discretion from amongst any of his descendants, whether they be sons or remote male issue and in these circumstances and in view of the fundamentally altered conditions in the world in very recent years due to the great changes which have taken place including the discoveries of atomic science, I am convinced that it is in the best interest of the Shia Muslim Ismailia Community that I should be succeeded by a young man who has been brought up and developed during recent years and in the midst of the new age and who brings a new outlook on life to his office as Imam.

A commander has some discretion as to choice of officers to serve under him.

However, the State Department still has the discretion to ask the diplomat to withdraw from her or his duties.

* Canon 21, the famous " Omnis utriusque sexus ", which commands every Christian who has reached the years of discretion to confess all his, or her, sins at least once a year to his, or her, own ( i. e. parish ) priest.

If a Federal Court has subject matter jurisdiction over one or more of the claims in a case, it has discretion to exercise ancillary jurisdiction over other State Law claims.

Scholes quotes a keyboard piece by John Bull ( 1619 ) which has some similarities to the modern tune, depending on the placing of accidentals which at that time were unwritten in certain cases and left to the discretion of the player ( see musica ficta ).

In presidential systems, such as that of the United States, appointments are nominated by the President's sole discretion, but this nomination is often subject to parliamentary confirmation ( in the case of the US, the Senate has to approve cabinet nominees and judicial appointments by simple majority ).

In presidential systems, the president often has the power to fire ministers at his sole discretion.

Some countries have alternative provisions for senior appointments: In Sweden, under the Instrument of Government of 1974, the Speaker of the Riksdag has the role of formally appointing the Prime Minister, following a vote in the Riksdag, and the Prime Minister in turn appoints and dismisses cabinet ministers at his / her sole discretion.

::: The President may in absolute discretion refuse to dissolve Dáil Éireann on the advice of a Taoiseach who has ceased to retain the support of a majority in Dáil Éireann.

However, a superior court always has the discretion to grant the writ even in the face of an alternative remedy ( see May v. Ferndale Institution ).

In reality, the President has no discretion on the question of whom to appoint as Prime Minister except when no political party or coalition of parties gains a majority in the Lok Sabha.

Once the Prime Minister has been appointed, the President has no discretion on any other matter whatsoever, including the appointment of ministers.

Having found for the plaintiff for a violation of the first law, the court then has the discretion to exercise judicial economy and refuse to make a decision on the remaining two claims, on the grounds that the finding of one violation should be sufficient to satisfy the plaintiff.

This has been changed so that, if the jury fails to agree after a given period, at the discretion of the judge they may reach a verdict by a 10-2 majority.

Though these courts have discretion to deny cases they otherwise could adjudicate, no court has the discretion to hear a case that falls outside of its subject-matter jurisdiction.

That the several states composing the United States of America are not united on the principle of unlimited submission to their general government ; but that, by compact, under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a general government for special purposes, delegated to that government certain definite powers, reserving, each state to itself, the residuary mass of right to their own self-government ; and that whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force ; that to this compact each state acceded as a state, and is an integral party, its co-States forming, as to itself, the other party ; that this government, created by this compact, was not made the exclusive or final judge of the extent of the powers delegated to itself, since that would have made its discretion, and not the Constitution, the measure of its powers ; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress.

In practice this has meant that elections have been held every three to five years at the discretion of the Prime Minister.

One of the most important of these powers — a legacy of General Muhammad Zia-ul-Haq ; is the president's power to dissolve the National Assembly " in his discretion where, in has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary.

The Commission may in its discretion enter an award with respect to one or more items deemed to have been clearly established in an individual claim while deferring consideration and action on other items of the same claim.

Further, they opposed the creation of an electoral college to elect the leader of the Party, who had previously been elected by members of the Parliamentary Labour Party – in particular, the arrangement of block voting by constituency parties and trade unions, with the total votes of a constituency party or trade union being given to a candidate based on a first-past-the-post within that CLP or union, or changed at the discretion of delegates ( similar to primary elections in the United States ).

In many nations, criminal procedure law has been developed to regulate officers ' discretion, so that they do not arbitrarily or unjustly exercise their powers of arrest, search and seizure, and use of force.

While " absolute discretion " appears to leave some freedom for manoeuvre for a president in deciding whether to initiate contact with the opposition, " own counsel " has been interpreted by some lawyers as suggesting that no contact whatsoever can take place.

But the trustee has discretion as to how any remaining trust property, once these fixed amounts have been paid out, is to be paid to the beneficiaries.

In 1995 the Czech Republic amended its Citizenship Law to provide the Interior Ministry with the discretion to waive the usual five-year residency requirement for foreigners that had been resettled in the Czech Republic by 31 December 1994.

In more recent times this has been held almost every year, but " officially " is held every two or three years in late January or early February, and is called at the discretion of the North Slope Borough Mayor.

Roman magistrates had wide discretion in executing their tasks, and some readers question whether Pilate would have been so captive to the demands of the crowd.

The rights are enforceable by the courts through section 24 of the Charter, which allows courts discretion to award remedies to those whose rights have been denied.

" However, the recipients of these funds strongly maintain that these have always been " rental " payments ( like a tenant pays to a landlord ) that landowners could use at their own discretion, separate from whatever funds the U. S. earmarked to help develop or improve Kwajalein Atoll, which were funneled into the now-defunct Kwajalein Atoll Development Authority ( KADA.

In paper heraldry it is a depiction of the protective cloth covering ( often of linen ) worn by knights from their helmets to stave off the elements, and, secondarily, to decrease the effects of sword-blows against the helmet in battle, from which it is usually shown tattered or cut to shreds ; less often it is shown as an intact drape, principally in those cases where a clergyman uses a helmet and mantling ( to symbolise that, despite the perhaps contradictory presence of the helmet, the clergyman has not been involved in combat ), although this is usually the artist's discretion and done for decorative rather than symbolic reasons.

The barista usually has been trained to operate the machine and to prepare the coffee based on the guidelines of the roaster or shop owner, while more experienced ones may have discretion to vary preparation or experiment, and a seasoned veteran will of course need little training beyond specifics of equipment and beans used and the shop's preferences.

Many professors chafe against the lack of discretion provided by such systems, especially the required failing of a certain number of students whose performance may have been sub-par but not, in the professor's estimation, worthy of a failing grade.

In a May 2012 interview with Peter Mansbridge, Black said he will consider applying for Canadian citizenship “ within a year or two ” when he hoped the matter would no longer be controversial and he could “ make an application like any other person who has been a temporary resident .” The decision to grant or reject his application would be at the discretion of the federal Cabinet.

Additionally, the governor's influence has been augmented by wide discretion in awarding state contracts and significant influence over the legislature, although the latter has been waning since the mid-1970s.

Still, the exercise of that discretion must serve justice, Cicero argued: "... when the victory is won, we should spare those who have not been blood-thirsty and barbarous in their warfare " ( warmaking being excused only when " we may live in peace unharmed " in no other way ).

The other, whom at that time I did not so much spare as since I wish I had, for that, as I have moderated the heat of living writers and might have used my own discretion ( especially in such a case, the author being dead ), that I did not I am as sorry as if the original fault had been my fault, because myself have seen his demeanor no less civil than he excellent in the quality he professes.

These remedies were insufficient to cover all cases where money or other properties had been obtained by false pretences, and the offence was first partially created by a statute of Henry VIII ( 1541 ), which enacted that if any person should falsely and deceitfully obtain any money, goods, & c., by means of any false token or counterfeit letter made in any other man's name, the offender should suffer any punishment other than death, at the discretion of the judge.

* On 6 February 1997, three judges, led by Woolf, Master of the Rolls, said that the Human Fertilisation and Embryology Authority ( HFEA ) had failed to exercise discretion when it denied Diane Blood the right to have her dead husband's child in March 1995.

It is to be noted the " protection of public health & morals " purpose in the Bill of Rights is absent in the Ordinance, hence restricting the Commissioner's discretion.

The already appropriated funds within the discretion of the President and Secretary of State under the Mutual Security Act are the only immediately available source of financing this summer's pilot programs of the Peace Corps.

For the purpose of section 243 of the Trade Union and Labour Relations ( Consolidation ) Act 1992, a crime means an offence punishable on indictment, or an offence punishable on summary conviction, and for the commission of which the offender is liable under the statute making the offence punishable to be imprisoned either absolutely or at the discretion of the court as an alternative for some other punishment.

They also stated that the proposed Act is consistent with the basic principle that grants the Congress broad discretion to establish procedures to govern its internal operations.

The Extradition Act requires nations to provide " all relevant evidence and information " about the accused, after which the Royal Government may in its discretion refer the matter to the High Court of Bhutan.

Under the Judicial Pensions and Retirement Act 1993 they ceased to be Lords of Appeal in Ordinary at the age of seventy, but could be permitted by ministerial discretion to hold office as late as age seventy-five.

Accordingly Parliament enacted the Dissolution of the Lesser Monasteries Act in early 1536, relying in large part on the reports of " impropriety " Cromwell had received, establishing the power of the King to dissolve religious houses that were failing to maintain a religious life ; and consequently providing for the King to compulsorily dissolve monasteries with annual incomes declared in the Valor Ecclesiasticus of less than £ 200 ( of which there were potentially 419 ); but also giving the King the discretion to exempt any of these houses from dissolution at his pleasure.

Judicial review of agencies of the United States federal government, for abuse of discretion, is authorized by the U. S. Administrative Procedures Act.

In the United States, the Military Commissions Act of 2006 codified the legal definition of this term and invested the U. S. President with broad discretion to determine whether a person may be designated an unlawful enemy combatant under United States law.

The Habeas Corpus Act 1679 states, " A Magistrate shall discharge prisoners from their Imprisonment taking their Recognizance, with one or more Surety or Sureties, in any Sum according to the Magistrate's discretion, unless it shall appear that the Party is committed for such Matter or offences for which by law the Prisoner is not bailable.

The Judiciary Act states, " Upon all arrests in criminal cases, bail shall be admitted, except where punishment may be by death, in which cases it shall not be admitted but by the supreme or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein.

Section 51 of the Supreme Court Act 1981 gives the court wide discretion in awarding costs and non-parties are not immune.

He is opposed to the Stop Online Piracy Act based on the amount of discretion the Department of Justice would have under the legislation as it is currently drafted.

Similarly, a 1975 amendment to the Lanham Act gives courts discretion in awarding reasonable attorneys ’ fees to a prevailing party in “ exceptional ” circumstances.

The President only exercises limited powers in his personal discretion to block attempts by the government of the day to draw down past reserves it did not accumulate, to approve changes to key appointments, and to exercise oversight over the Corrupt Practices Investigation Bureau and decisions of the Executive under the Internal Security Act and the Maintenance of Religious Harmony Act.

For handguns, the Sullivan Act qualifies as a may issue act, meaning the local police have discretion to issue a concealed carry license, as opposed to a shall issue act, in which state authorities must give a concealed handgun license to any person who satisfies specific criteria, often a background check and a safety class.

The Printing Presses and Publications Act 1984 gives the Home Affairs Minister the discretion to grant, suspend and revoke newspaper publishing permits.

Up until July 2012, the Minister could exercise " absolute discretion " on such matters but this absolute discretionary power was expressly removed by the Printing Presses and Publications ( Amendment ) Act 2012.

The Department of Justice can modify the regulations, based on the discretion, or possible future requirements, that has been given to it to do so by the Act.

The new General Law Amendment Act was passed, allowing his imprisonment to be renewed annually at the discretion of the Minister of Justice.

They also stated that the proposed Act is consistent with the basic principle that grants Congress broad discretion to establish procedures to govern its internal operations.

In May 2003, the Court of Appeal ruled that MPI has the discretion to fund such activities under Section 138 of the MPI Act, but is not obliged to use this discretion.

Additionally, in England and Wales, under s. 50 of the Senior Courts Act 1981, the High Court has a discretion to award a claimant damages in lieu of specific performance ( or an injunction ).