Predication - Year 1979 - Judgments

Jun 11 1979 (FN)

Moore Vs. Sims

Court: US Supreme Court

Decided on: Jun-11-1979

..... 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 .....

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Nov 28 1979 (FN)

United States Vs. Kubrick

Court: US Supreme Court

Decided on: Nov-28-1979

..... 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 .....

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Apr 02 1979 (FN)

United States Vs. Caceres

Court: US Supreme Court

Decided on: Apr-02-1979

..... 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 .....

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Jul 02 1979 (FN)

Columbus Bd. of Educ. Vs. Penick

Court: US Supreme Court

Decided on: Jul-02-1979

..... 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 .....

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Jun 25 1979 (FN)

Barry Vs. Barchi

Court: US Supreme Court

Decided on: Jun-25-1979

..... 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 .....

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Jan 15 1979 (FN)

Leis Vs. Flynt

Court: US Supreme Court

Decided on: Jan-15-1979

..... 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 .....

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Nov 28 1979 (FN)

Ybarra Vs. Illinois

Court: US Supreme Court

Decided on: Nov-28-1979

..... substance a reasonable belief that a person is armed and presently dangerous must form the predicate to a pat down of the person for weapons here the state is unable to ..... u s 93 dangerous a belief which this court has invariably held must form the predicate to a pat down of a person for weapons footnote 5 adams v williams 407 .....

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Jun 05 1979 (FN)

Dunaway Vs. New York

Court: US Supreme Court

Decided on: Jun-05-1979

..... 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 .....

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Jun 04 1979 (FN)

County Court of Ulster County Vs. Allen

Court: US Supreme Court

Decided on: Jun-04-1979

..... 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 .....

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Jun 04 1979 (FN)

Dunn Vs. United States

Court: US Supreme Court

Decided on: Jun-04-1979

..... 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 .....

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