... 1982) In these cases, the scope of authority was much narrower than in the cases where the role ofthe declarant—i.e., the nature ofthe relationship—was to speak forthe party against whom the statement ... statement was offered Yet in each case, the nature ofthe task entrusted to the declarant impliedly carried with it the authority to speak forthe party who had authorized the task The extent ofthe authority ... the task might be relevant if there were some dispute over the scope ofthe task In that case the issue of who initially suggested the task might be probative of whether there was a meeting of...
... for cancellation ofthe remaining loan balance in the event of theft or total destruction ofthe collateral forthe loan minus the proceeds of any insurance maintained on the collateral forthe ... balance as the purchase price ofthe vehicle (the "amount financed"), divided by the total number of payments, and then multiplied by the number of payments remaining after the loss ofthe vehicle ... provision ofthe debt cancellation agreement also was at odds with the CLEC The agreement defines the "Actual Cash Value" ofthe vehicle as the amount paid by the insurance company, or the Kelley...
... considering the terms ofthe arbitration agreement, the conduct ofthe parties, and the course ofthe litigation, along with the traditional benchmarks regarding waiver of arbitration and the purpose of ... because the extent ofthe falsity ofthe statements was not known to either of them until they incurred hefty fees for having overdrawn their checking accounts These findings are well supported by the ... would frustrate the purposes ofthe FAA The overarching purpose ofthe FAA, evident in the text of §§ 2, 3, and 4, is to ensure the enforcement of arbitration agreements according to their terms...
... Corridor in 1986 forthe purpose of recognizing the historical watershed significance ofthe River and restoring its The EPA formed the Narragansett Bay Project in the 1980s and the Blackstone ... process, the EPA evaluated a variety of factors, including the District's expected future discharge accounting forthe upgrade and the state ofthe receiving waters and the Bay exhibited The EPA ... regular intervals, the Act requires reevaluation ofthe relevant factors, and allows forthe tightening of discharge conditions The Act's goal of "eliminat[ing]" the discharge of pollutants by...
... and that use of Battle.net is subject to the terms ofthe TOU The terms of neither the EULA nor the TOU appear on the outside packaging If the user does not agree to these terms, the game may ... solely for use by end users of Blizzard software products according to the terms of conditions contained herein Any use of Battle.net not in accordance with the terms ofthe Battle.net Terms of Use ... program; (2) the information gathered as a result ofthe reverse engineering was not previously readily available to the person engaging in the circumvention; (3) the sole purpose ofthe reverse...
... v THE CITY OF RIVIERA BEACH, FLORIDA ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FORTHE ELEVENTH CIRCUIT [January 15, 2013] JUSTICE BREYER delivered the opinion ofthe Court The ... COURT OFTHE UNITED STATES _ No 11–626 _ FANE LOZMAN, PETITIONER v THE CITY OF RIVIERA BEACH, FLORIDA ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FORTHE ELEVENTH CIRCUIT ... Opinion ofthe Court NOTICE: This opinion is subject to formal revision before publication in the preliminary print ofthe United States Reports Readers are requested to notify the Reporter of Decisions,...
... within the[ ] illustrations [enumerated in § 560.2(b)]: they are initial charges and the task of preparing the documents is part ofthe process of originating the loan.” Brief ofthe Office of Thrift ... prejudice of his claims against the FDIC pursuant to Rule 41(a)(2) ofthe Federal Rules of Civil Procedure The second was filed by the remaining homeowners who sought remand of their appeals to the ... law governing the practice of law allegedly predominates over the question ofthe preemptive effect of 12 C.F.R § 560.2 With the exception of their renewed motion to remand, however, the sole issue...
... WILKINSON, Circuit Judge: In these three interlocutory appeals, the plaintiffs challenge the district court’s denial of their motions to remand their cases to state court While the procedural history of ... to remand the cases to state court In their view, neither the letter nor the enclosed draft complaints that they sent to defendants qualified as "other paper[s]" within the meaning of 28 U.S.C ... In 2006, the trial court dismissed plaintiffs’ claims on the ground that they were barred by the statute of limitations But in 2009, the Maryland Court of Appeals reversed, permitting the cases...
... but whether the secondary use usurps or substitutes forthe market ofthe original work The more transformative the secondary use, the less likelihood that the secondary use substitutes forthe ... to the substantive material ofthe course In exchange for taking one of these courses, each staff member signs a promissory note forthe “donation amount ofthe course.” In the event that the ... and the original elements Rather, the law in this circuit is that outside ofthe narrow context of “claims of compilation copyright infringement of nonliteral elements of a computer program,” the...
... represent a single pathological entity and therefore there is no single strategy for their prevention Conflict of interest The author has declared that no conflict of interest exists References Czeizel ... birth In Hungary 25.2% of congenital abnormalities were prevented by these methods Previously the selective abortion, i.e termination of pregnancy after the prenatal diagnosis of severe fetal defects ... complete recovery in 33.5% of cases with congenital abnormalities Thus, there are two main conclusions: at present the major part of congenital abnormalities (85.3%) are preventable; however, different...
... the scope ofthe study, the aims ofthe study, the methods ofthe study and finally the design ofthe study *Part II includes three chapters: + Chapter one is the literature review in which the ... in the previous chapter 3.1 The content area ofthe test The following topic checklist ofthe course book will help to point out the content area ofthe reading test The Topic checklist ofthe ... of good quality is deposited in the form The forms are made of timber or metal of a size and shape suitable forthe finished work They must be of sufficient strength and rigidity to support the...
... I wish for you 365 days of Happiness 12 months of Fun 52 weeks of Success 8760 hours of Good Health 525600 minutes of Good Luck 3153600 seconds of Blessings ...
... Interpretation ofthe Convention D Interpretation ofthe contract; usages E Form ofthe contract Part Two Formation ofthe contract Part Three Sale of goods A Obligations ofthe seller B Obligations ofthe ... paragraph for any lack of conformity ofthe goods if at the time ofthe conclusion ofthe contract the buyer knew or could not have been unaware of such lack of conformity Article 36 (1) The seller ... delivered at the address ofthe offeror on the last day ofthe period because that day falls on an official holiday or a non-business day at the place of business ofthe offeror, the period is...
... records The information may be all ofthe information about the record, or it may be selected information The way in which the information is extracted will depend on its input into the cable ... Standard forthe Telecom Infra of Com Bldgs Other Information Other Linkages Equipment Records PC120 the equipment the cable terminates at (desk top) Other Linked Records Linkages • are the connections ... contain the linkages to other elements ofthe telecommunications system The record will be contained in a database which may be searched and sorted according to the requirements ofthe users There...
... Preparing the Western Cape forthe Knowledge Economy ofthe 21st Century 3.1 The economy ofthe Western Cape is woven tightly into the global economy Almost two-thirds ofthe output ofthe private ... Cape, is therefore how to channel the forces of globalisation forthe elimination of poverty and the empowerment of people to lead fulfilling lives A related challenge is posed by the rise ofthe ... prepare the people ofthe province forthe knowledge economy ofthe 21st century; To contain the spread of HIV/AIDS and TB; To empower the poor people of our province through the provision of basic...
... image that can then be ‘read’ using bioinformatics tools The readout could result in the early detection of cancer before these goals come to fruition These issues underscore the need for higher ... controlled for Because ofthe high cost of instrumentation, the likelihood that specialized core competencies will be required for performing the process, and the reagents that this type of testing ... measure ofthe mass to charge (m/z) value ofthe 80 ion The ion spectra can be analysed by computerassisted tools to classify a subset ofthe spectra by their characteristic patterns of relative...
... improve the representation of minorities so as to enrich the pool of human capital not only forthe auditing element ofthe profession, but forthe more broadly defined accounting profession The significance ... Rather these six areas for change represent the foundations for beginning the remainder ofthe effort that must be undertaken if we are to truly transform this and future efforts to address the ... elements ofthe accounting education process should be addressed now and forthe future These six areas of recommendation, their objectives, and the action items identified are not the end ofthe process...
... common (i.e the cycles in such a combination not touch each other) The value (the sign) of a cycle is the product ofthe values (the signs) of its steps The sign ofthe magnitude of a Ôminus ... The absolute magnitude of a combined autoinfluence path is the product of all the rates divided by the product of all the concentrations of its species Therewith the coefficient of order p ofthe ... subgraphs ofthe same order in the same network, as was illustrated forthe two examples in this paper The network outside the former subgraph may away with the oscillophoretic potential ofthe subgraph...