Predicate - Judgment Search Results

Moore Vs. Sims

Court: US Supreme Court

..... the benefit of state court consideration and therefore under circumstances where a constitutional determination is predicated on a reading of the statute that is not binding on state courts and may ..... the benefit of state court consideration and therefore under circumstances where a constitutional determination is predicated on a reading of the statute that is not binding on state courts and may .....

United States Vs. Caceres

Court: US Supreme Court

..... would affirm the judgment of the court below footnote 2 1 although not always expressly predicated on the due process clause these decisions are explicable in no other terms the complaints ..... acted otherwise we should not demand that those in respondent s position establish that they predicated their action on the existence of internal regulations in both contexts the rationale for mandating .....

United States Vs. Kubrick

Court: US Supreme Court

..... was aware of his injury and its probable cause despite this factual predicate for a claim against the va at that time the court ..... case controls this one both dealt with the discovery of the factual predicate for a malpractice claim but neither addressed the question of plaintiff ..... torts 899 comment e p 444 1979 footnote 2 4 the factual predicate for the court s speculation is its assumption that if a .....

Columbus Bd. of Educ. Vs. Penick

Court: US Supreme Court

..... purposefully discriminatory conduct and policies had current systemwide impact an essential predicate as both courts recognized for a systemwide remedy those courts reveal ..... it is only common sense to conclude that there exists a predicate for a finding of the existence of a dual school ..... existence of a dual school system in 1954 this finding was predicated on the presence page 443 u s 506 of four .....

Barry Vs. Barchi

Court: US Supreme Court

..... appellee s culpability in light of the board s trainer s responsibility rules the inference predicated on the fact of drugging that appellee was at least negligent will be accepted as ..... trainer s responsibility rules approved by the district court established a rebuttable presumption or inference predicated on the fact of drugging that barchi was at least negligent in light of the .....

Leis Vs. Flynt

Court: US Supreme Court

..... its meaning a state requirement that a judge s action in a contested matter be predicated on a permissible reason inevitably gives rise to a procedural requirement that the affected litigants ..... be granted and revoked federal due process does not require that a parole revocation be predicated upon notice and opportunity to be heard see also hyser v reed 115 u s .....

Dunn Vs. United States

Court: US Supreme Court

..... specified the september 30 interview as the ancillary proceeding the court of appeals erred in predicating its affirmance on petitioner s october 21 testimony to uphold a conviction on a charge ..... jury was instructed to rest its decision on dunn s september statement the tenth circuit predicated its affirmance on petitioner s october testimony the government concedes that this ruling was erroneous .....

Smt. Indrapati Vs. Deputy Director of Consolidation and ors.

Court: Allahabad

Reported in: AIR1980All186

..... there was no question there of having a share in that estate which could be predicated as the same share as a son had or in respect of which it could ..... also be predicated that she would have the same right of claiming partition as a male owner if .....

County Court of Ulster County Vs. Allen

Court: US Supreme Court

..... 4 supra and accompanying text the argument against possession by any of the respondents was predicated solely on the fact that the guns were in jane doe s pocketbook but several ..... 436 accordingly there is no statutory requirement of an appeal to this court as a predicate to habeas jurisdiction footnote 8 new york s cautious contemporaneous objection policy is embodied in .....

Dunaway Vs. New York

Court: US Supreme Court

..... without probable cause to arrest footnote 4 the county court further held that the factual predicate in this case did not amount to probable cause sufficient to support the arrest of ..... of an arrest nevertheless the court held that even this type of necessarily swift action predicated upon the on the spot observations of the officer on the beat constituted a serious .....