
	Where results make sense

Topic: Claim of Right

Related Topics

Common law

Bill of Rights 1689

Albert Venn Dicey

Constitution of the United Kingdom

EU law

Constitutional Reform Act 2005

Statute of Westminster 1931

Act of Union 1707

Works of authority in British constitution

Act of Settlement 1701

Constitutional Convention

Habeas Corpus Act 1679

British monarchy

Magna Carta

Erskine May

In the News (Thu 16 Feb 12)

EXECUTIVE POWER

Iran

ANALYSIS

Pakistan

Family compact

	Overlawyered: Lawsuit claim: legal right to more publicity
		Or it thought it had the last laugh, because Kitson is now suing Us Weekly claiming a legal right to the publicity the magazine is withholding and alleging $10,000/week in damages from the loss of publicity.
		The suit claims that there was an oral agreement as part of the settlement of their prior suit.
		Even with that, some of the claims (that lack of coverage is "disparaging") are frivolous.
	www.overlawyered.com /2006/09/lawsuit_claim_legal_right_to_m.html (389 words)

	Human Rights [Internet Encyclopedia of Philosophy] (Site not responding. Last check: 2007-10-21)
		Her right to receive an adequate education is a claim right held against the local education authority, which has a corresponding duty to provide her with the object of the right.
		Furthermore, human rights may be either claim rights or liberty rights, and have a negative or a positive complexion in respect of the obligations imposed by others in securing the right.
		Human rights claim validity everywhere and for everyone, irrespective of whether they have received comprehensive legal recognition, and even irrespective of whether everyone is agreement with the claims and principles of human rights.
	www.iep.utm.edu /h/hum-rts.htm (10683 words)

	Jones Day - Publications - Proof of Claim Forfeits Right to Jury Trial
		The ramifications of filing a proof of claim include acknowledgment of the court's jurisdiction to adjudicate the claim itself as well as related counterclaims and waiver of the right to a jury trial.
		Courts consider a number of factors in deciding whether withdrawal is appropriate, including diligence in pursing withdrawal, undue vexatiousness, the extent to which the claim has progressed, duplication of litigation expense, the justification for withdrawal, delay in prosecuting the claim, prejudice to others and the importance of the claim to the reorganization effort.
		Instead, the court emphasized, when it filed a proof of claim, RK invoked the equitable jurisdiction of the court to resolve the claim and the related preference litigation, and thereby forfeited irrevocably its Seventh Amendment right.
	www.jonesday.com /pubs/pubs_detail.aspx?pubid=636103 (967 words)

	Now Corporations Claim The "Right To Lie"
		If people have the constitutionally protected right to say, "The check is in the mail," or, "That looks great on you," then, Nike's reasoning goes, a corporation should have the same right to say whatever they want in their corporate PR campaigns.
		And lawyers for Nike are preparing to claim before the Supreme Court that, as a "person," this multinational corporation has a constitutional free-speech right to deceive.
		People of all political persuasions who are concerned about democracy and human rights are encouraging other humans to contact the ACLU (125 Broad Street, 18th Floor, New York, NY 10004) and ask them to join Kasky in asserting that only living, breathing humans have human rights.
	www.commondreams.org /views03/0101-07.htm (1989 words)

	CITES BY TOPIC: claim of right
		Claim of Right cases are rarely seen in the area office.
		A claims of right occurs when, under the provisions of IRC Section 1341, a taxpayer includes an item in gross income for a prior taxable year (or years), but it was later determined that the taxpayer did not have an unrestricted right to that item of income.
		If, during the taxable year, a taxpayer is entitled to a deduction of more than $3,000 because of the restoration to another of an item that was included in the taxpayer's gross income for a prior year under a claim of right, income tax on the amount is computed as provided by IRC section.
	famguardian.org /TaxFreedom/CitesByTopic/ClaimOfRight.htm (744 words)

	Right to Claim: A Matter of Time -- marbella-lawyers.com
		However, expiration is a rather more strict period, in that the claim has to be lodged through a Court of law within the time limit in order not to lose the right of claim.
		Claims brought under an insurance contract covering material damages (property insurance, car insurance...) within 2 years from the date of the report of the event.
		The time limit imposed on claims is of 2 years for any breach of contract: non-fulfillment of the agreed conditions, for example, change in the projected route, allocation in inferior accommodation or inferior transport conditions to those agreed, charges for services or facilities which were supposed to be included in the price...
	www.marbella-lawyers.com /index/articles/showArticle/right-to-claim (1791 words)

	Claim of Right Credit (Site not responding. Last check: 2007-10-21)
		Claim of right income is income that was properly reported on a prior year’s tax return, but was later determined to have been paid to you in error and therefore, had to be repaid.
		If you have claim of right income for federal tax purposes and are taking a federal claim of right credit on your federal return, you may also be entitled to a claim of right credit on your New York State return for New York State, New York City, and Yonkers taxes.
		You may claim a refund of any claim of right credit that is in excess of your New York State tax liability.
	www.tax.state.ny.us /pit/income_tax_2005/credits/claim_right_cr.htm (304 words)

	[No title] (Site not responding. Last check: 2007-10-21)
		The RIGHT TO RETURN to Israel-Palestine is a crucial concept in understanding the right to the land of Palestine.
		The right to return cannot be belatedly claimed because the factors that forced them to leave, or that prohibited their return had ceased to exist.
		As we have shown, they cannot belatedly lay claim to an ancient right of return which was intended for the limited period of time during which the factors that unjustly drove them to exile had ceased.
	www.al-bushra.org /latpatra/right.htm (2295 words)

	Current Positions for Right to Health Care
		Thirteen of the twenty organizations represented on the homepage map at Project EINO homepage boldly claim this right on their own homepages, or in their mission.
		At the moment a strategy in North Carolina which is aiming at passing a state constitutional amendment entitled "The Right to Health Care" and a legal (court case strategy) being pursued in Michigan by Michigan Legal Services are leading the states in employing grassroots strategies focused on this human right.
		One is to focus on the "Right to Health Care", the other is to emphasize the economic advantages of having a UHC system (for individuals, businesses and society as a whole).
	www.righttohealthcare.org /CurrPosns.htm (478 words)

	Dann sisters still claim right to land
		She called the Indian Claims Commission legislation of the 1940s "the most racist law that was ever created by Congress.
		She questions the validity of the United States' claim to Shoshone land, pointing out that court documents have cited several different dates in history when it was supposedly taken.
		The BLM claims the sisters' livestock are overgrazing the land, a charge that was confirmed by citizens in the federal agency's own Resource Advisory Council.
	www.propertyrightsresearch.org /dann_sisters_still_claim_right_t.htm (1661 words)

	Idaho State Tax Commission - How to Claim Property
		It is the sole responsibility of the claimant to provide proof that he is the rightful owner or heir, beneficiary, or estate administrator legally allowed to claim the property.
		In addition to the claim form, the representative must submit his photo identification and a power of attorney completed by the owner.
		Claims are processed in the order they are received and it is our goal to process your claim as quickly as possible.
	tax.idaho.gov /ucp_claim.htm (1057 words)

	Right to Petition Government
		In America, the right to petition our government for a redress of grievances is an unalienable right—it derives from our faith in a supreme being—an ultimate moral authority from whom we gain our understanding of equality, justice and the rule of law.
		One of the earliest recorded guarantees of the people’s right to petition the King for redress of grievances is found in chapter 61 of the Magna Carta, written of 1215.
		By 1669, Parliament resolved that every commoner in England possessed “the inherent right to prepare and present petitions” to it “in case of grievance,” and that Parliament had “to receive the same” and to judge whether they were “fit” to be received.
	www.propertyrightsresearch.org /right_to_petition_government.htm (596 words)

	THE DIFFERENCE BETWEEN A RIGHT AND A LIBERTY by Prof. William E. May
		Thus pro-life people affirm the right of the unborn to life, whereas feminists claim the right of women to have an abortion; workers affirm their right to a just wage, smokers their right to smoke, some infertile couples their right to have a child, etc.
		This enables us to clarify “rights” talk and to distinguish between a “right” and a “liberty” and to determine, on the basis of a moral analysis, whether the “right” or “liberty” claimed is authentic.
		We have seen already that the claim of advocates of voluntary euthanasia that people have a “right” to die is indeed a claim to a right in the strict sense.
	www.christendom-awake.org /pages/may/rights.html (4375 words)

	The Palestinian Claim to a “Right of Return” (Site not responding. Last check: 2007-10-21)
		The right of refugees to return to their homes is enshrined in the Universal Declaration of Human Rights, International law, and in UN Resolution 194.
		In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
		Clearly, the “rights” and “general welfare” of the great majority of Israel’s citizens would not long survive the admission of some 4 to 5 million Palestinian refugees (for this is the number of refugees that the Palestinians now claim) who neither owe the country allegiance nor identify themselves as Israelis.
	www.tzemachdovid.org /Arab_Violence/return.shtml (3115 words)

	SB524 - Authorizes state income tax credit under federal claim of right statute (Site not responding. Last check: 2007-10-21)
		SB 524 - Under the "claim of right" provision of federal law, a taxpayer is allowed to recalculate taxes previously paid but subsequently determined to have been paid in error.
		The usual situation is when a taxpayer claims income in a prior taxable year and pays tax on it, discovers at a later time that the income should not have been claimed, and returns that amount in a later year.
		The federal statute allows that taxpayer to calculate income tax for the year in which the amount is returned and to take either a deduction or a credit.
	www.house.state.mo.us /bills97/BILLS97/SB524.htm (137 words)

	SB1388 - Establishes the income tax claim of right doctrine as a credit - Dolan
		SB 1388 - This act establishes the doctrine of claim of right for income tax purposes in Missouri.
		Under the claim of right provision of federal law, a taxpayer is allowed to recalculate taxes previously paid, but subsequently determined to have been paid in error.
		The usual situation occurs when a taxpayer claims income in a taxable year and pays tax on the income, and then discovers at a later time that the income should not have been claimed, and later returns that income to its source in another tax year.
	www.senate.mo.gov /04INFO/bills/SB1388.htm (200 words)

	71-3-531. Notice of right to claim lien required -- exceptions.
		(6) (a) A person who may claim a lien shall also file with the clerk and recorder of the county in which the improved real estate is located a copy of the notice of the right to claim a lien, in the form required by 71-3-532.
		This copy may not be filed later than 5 business days after the date on which the notice of the right to claim a lien is given to the contracting owner.
		The notice lapses upon the expiration of the 1-year period unless the person who may claim a lien files with the clerk and recorder a 1-year continuation of the notice prior to the date on which the notice lapses.
	data.opi.state.mt.us /bills/mca/71/3/71-3-531.htm (604 words)

	CLAIM INSTRUCTIONS Right of Claim According to EC directive 97 (Site not responding. Last check: 2007-10-21)
		Claims should be made either in writing or by returning the goods within the stated period to:
		In the case of a successful claim, goods and services and their effects to both parties are to be rescinded.
		The claim is not affected if goods are deteriorated in the normal course of checking or unwrapping similar to the conditions in a shop.
	www.tmuukkonen.fi /Shop/claim_instructions.htm (218 words)

	home owner insurance claim - Best home owner insurance claim (Site not responding. Last check: 2007-10-21)
		Surface cold found which were for up close I'll home owner insurance claim, surface know box under big needed enternet mind taxes.
		Down line always cannot mean near under find down home owner insurance claim, many give very power of never behind over seniors.
		Intenet then intenet everything resources fine answer something most home owner insurance claim, parts up be able into came even may universal life premiums.
	home-owners-insurance.insurance-direcotry.com /home-owner-insurance-claim.html (1089 words)

	Mass. Dept. of Revenue - TIR 06-4: Deduction for Income upon which Taxes Have Been Paid under a Claim of Right
		A is entitled to deduct $5,000 from his Massachusetts gross income pursuant to the claim of right deduction on his 2005 state income tax return, as the repayment would not otherwise be deductible under G.L. c.
		Stock under claim of ownership: gains from sales of stock under a claim of ownership must be included, regardless of whether the taxpayer actually owned it. Pollock v.
		Mistake in Validity of Claim. The claim of right doctrine applies where a taxpayer merely mistakes the validity of his claim. United States v.
	www.dor.state.ma.us /rul_reg/tir/tir_06_4.htm (592 words)

	SB1287 - 421R - H Ver - Title: income tax; claim of right
		The amount by which the adjusted basis computed under the internal revenue code with respect to property for which a credit was claimed under section 43-1080 and which is sold or otherwise disposed of during the taxable year exceeds the adjusted basis of the property computed under section 43-1080.
		The amount by which the adjusted basis computed under the internal revenue code with respect to property for which a credit was claimed under section 43-1081 and which is sold or otherwise disposed of during the taxable year exceeds the adjusted basis of the property computed under section 43-1081.
		The amount by which the adjusted basis computed under the internal revenue code with respect to property for which a credit was claimed under section 43-1170 and which is sold or otherwise disposed of during the taxable year exceeds the adjusted basis of the property computed under section 43-1170.
	www.azleg.state.az.us /legtext/42leg/1r/bills/sb1287h.htm (4498 words)

	SCOTUSblog: No right to claim innocence at sentencing (Site not responding. Last check: 2007-10-21)
		Posted by Lyle Denniston at 10:10 AM After an individual has been convicted of murder, that person has no constitutional right to try to head off a death sentence by trying to offer new evidence suggesting that the conviction itself was invalid, the Supreme Court ruled unanimously on Wednesday.
		At sentencing (the third sentencing proceeding after he had won earlier appeals), Guzek sought to introduce live testimony from his mother providing additional evidence of an alibi, beyond what she had said as a witness at the trial.
		In one, the Justices decided unanimously that the 1866 civil rights law guaranteeing an equal right of all races to enter into contracts does not apply when the individual seeking relief does not have a contractual relationship with the party sued.
	www.scotusblog.com /movabletype/archives/2006/02/no_right_to_cla.html (797 words)

	Iraq: Kurds Claim Their Right To Oil
		Several Arab leaders in Baghdad claimed that Kurdistan did not have the authority constitutionally to undertake a venture, particularly without the approval of the central government.
		Kurdish authorities however, maintained that it is their right to develop and control oil resources in their region.
		Arabs and Turkomans claim the parties have relocated some 350,000 Kurds to Kirkuk since the fall of the Hussein regime, "The Washington Post" reported on 30 October.
	www.payvand.com /news/05/dec/1021.html (810 words)

	Right-to-Ride
		We are fighting a national battle to clarify transportation laws so that pregnant women can claim their right to use carpool lanes, and have their unborn children counted as passengers, without legal penalty or harassment.
		Every woman carrying a child in her womb has the right to use HOV lanes, whether or not it is recognized legally in her area.
		However, if you try to assert this right, you can expect to be pulled over and harassed or cited by law enforcement or toll agents.
	www.right-to-ride.org /pregnant.html (498 words)

	A Right to Health Care?
		First, as a moral right health care would be forced on everyone even though according to ethical theory it is supported by only part of society.
		a conflict of rights between the patient's right to be cared for and the doctors right to autonomy.
		Until these problems are resolved, the claim to health care will remain a privileged claim, based on the ability to pay, or the ability to secure government assistance if we can't.
	shell.gmi.net /~sgr1/right.html (676 words)

	T.P.I. -- CRIM. 40.13 - AFFIRMATIVE DEFENSE: CLAIM OF RIGHT
		Included in the defendant's plea of not guilty is [his] [her] defense of claim of right.
		If the issue of the existence of an affirmative defense is submitted to the jury, the court shall instruct the jury that the affirmative defense must be established by a preponderance of the evidence.
		"Claim of Right" as an affirmative defense may apply to robbery in some rare instances.
	www.jesbeard.com /tpi40_13.htm (807 words)

	What is Copyright Protection?
		If it is an essay, if it is a play, if it is a song, if it is a funky original dance move, if it is a photograph, HTML coding or a computer graphic that can be set on paper, recorded on tape or saved to a hard drive, it may be protected.
		However, if somebody copies and redistributes his lyrics without permission before his copyright is registered, he still has the right to assert a copyright claim as the true author.
		This notice is to be placed in such manner and location as to give reasonable notice of the claim to copyright.
	www.whatiscopyright.org (3904 words)

	The Irish Trojan’s Blog » Blog Archive » Slippery Slopewatch: 2 CT ex-teachers claim privacy right ...
		As to the right of a legislature to create special classes of felons for otherwise legal activity…I agree there are special circumstances that pass constitutional muster.
		For example, if, say, you had told a dirty joke to Pearl Williams, and she had been offended (hahahaha) and claimed that you were sexually harrassing her, the state would have much more leeway to take disciplinary action against you as an employee than it would to charge you with a crime as a citizen.
		The government is perfectly within its rights to say, “You’re allowed to wear an ‘I Voted Today’ sticker, or a Breast Cancer Awareness button, but you can’t wear a profane button or a sticker with a political message.” That’s a content-based restriction, but it’s OK in that context.
	www.brendanloy.com /2006/05/slippery-slopewatch-2-ct-ex-teachers-claim-privacy-right-covers-sex-with-students.html (2583 words)

Try your search on: Qwika (all wikis)