Where results make sense

About us   |   Why use us?   |   Reviews   |   PR   |   Contact us

Correlative-based fallacies - Wikipedia, the free encyclopedia A correlative conjunction is a relationship between two statements where one must be false and the other true. The fallacy of denying the correlative, where an attempt is made to introduce some other invalid option into what is a true correlative. The fallacy of suppressed correlative, where the definitions of a correlative are changed so that one of the options includes the other, making one option impossible. en.wikipedia.org /wiki/Correlative_based_fallacies   (181 words)

[No title] First, the court of appeals' holding that Attorney General Thornburgh's discretionary denial of asylum rested on improper factors is especially anomalous in light of its ruling that Attorney General Meese properly relied on the same anti-terrorism and foreign policy concerns in rejecting respondent's designation of Ireland as the country of deportation under Section 243(a). In Abudu, which likewise concerned the denial of reopening in the asylum context, the Court held that the reasons for deference to agency decisions apply with particular force under the immigration laws, because "INS officials must exercise especially sensitive political functions that implicate questions of foreign relations." 485 U.S. at 110. Third, a decision denying reopening may be based on several overlapping grounds, and it would be cumbersome for a reviewing court to carve it up into separate pieces for purposes of the standard of review. www.usdoj.gov /osg/briefs/1990/sg900198.txt   (10842 words)

CATHOLIC ENCYCLOPEDIA: Sin All systems, religious and ethical, which either deny, on the one hand, the existence of a personal creator and lawgiver distinct from and superior to his creation, or, on the other, the existence of free will and responsibility in man, distort or destroy the true biblico-theological notion of sin. This superior can be only God, who alone is the author and lord of man. Materialism, denying as it does the spirituality and the immortality of the soul, the existence of any spirit whatsoever, and consequently of God, does not admit sin. Those who are of atheistic tendencies and contend for this distinction, either deny the existence of God or maintain that He exercises no providence in regard to human acts. www.newadvent.org /cathen/14004b.htm   (8286 words)

NCSLNet - Legislatures Election Redistricting: Bates v Jones - Term Limits By denying some, but not all, voters the ability to vote for the candidate of their choice, term limits directly affect Plaintiffs' voting rights and their ability to participate on an equal basis in self-government. The voter Plaintiffs are thus denied the opportunity to rally political support behind their favored candidate for a particular office precisely because their favored candidate has been repeatedly successful in the past. Staying the injunction may effectively deny Plaintiffs the opportunity to seek re-election to the Assembly in 1998, but, should the judgment of the Court be affirmed on appeal, it will not permanently deny Plaintiffs the opportunity to seek election to the Assembly. www.ncsl.org /programs/legman/about/BATESV~1.HTM   (12244 words)

FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code Assertions of the right to conflict-free counsel are of four different varieties: (a) that the district court's knowledge of a possible conflict imposed upon it a duty of inquiry; (b) that there was a "per se" conflict; (c) that there was an actual conflict; and (d) that there was a potential conflict. And, although he asserts that the district court had an inquiry obligation, we denied his motion for a certificate of appealability on this issue because Armienti did not make a substantial showing that the district court was aware of a possible conflict of interest at the time of trial. The judgment of the district court denying the petition for habeas corpus is reversed and the case remanded for an evidentiary hearing to determine whether Armienti's attorney had an actual conflict of interest with Armienti and whether such a conflict, if one existed, adversely affected the attorney's performance. laws.lp.findlaw.com /2nd/992102.html   (2181 words)

USCA1 Opinion 00-1735 Under the standards of AEDPA, the district court denied Mountjoy's petition, finding that the underlying decision of the New Hampshire Supreme Court was neither contrary to nor an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States. The court found that Mountjoy knew about the concurrent representation, that Jeffco had defended the case in the same way at the third trial as he had at the first and second ones, and that the defense would have called Pratte as a witness because of his exculpatory testimony had the government not done so. The court ruled that the failure to inquire "merely requires this court to address a defendant's claim that he was denied the effective assistance of counsel because of a conflict of interest." Id. www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=00-1735.01A   (4534 words)

OSCN Found Document:McMinn v. State Industrial Court An order of a trial judge, denying a claim for compensation without notice to claimant and without affording him an opportunity to defend against employer's complaint charging refusal to submit to a medical examination directed by the trial tribunal, violates due process of law and is void. As applied to judicial proceedings, due process of law means an orderly proceeding adapted to the nature of the case, in which the parties have an opportunity to be heard, and to defend, enforce and protect their rights. A final order denying the claim for failure to report for a medical examination directed by the trial tribunal is therefore unauthorized by, and contrary to, the provisions of 85 O.S.1955 Supp. www.oscn.net /applications/oscn/deliverdocument.asp?citeid=60232   (1271 words)

Andrade v. Attorny General In this appeal from the denial of his habeas petition under 28 U.S.C. § 2254, Andrade argues that his sentence violates the Eighth Amendment' s prohibition against cruel and unusual punishment. denied adequate access to the prison law library to prepare his notice of appeal. [FOOTNOTE 6] Although the district court denied the motion, Andrade asserts that his motion for extension of time was the functional equivalent of a notice of appeal. www.law.com /regionals/ca/opinions/nov/9955691.shtml   (13017 words)

Existence In saying that existence was a second-level concept, Frege was also denying not only that it was a first-level concept but also that ‘exists’ was a first-level predicate, contrary to what might appear to be the case in propositions like ‘Socrates exists’. Thus, while not denying that ‘exists’ does have a second-level use, it insists on there being a first-level use as well, one in which ‘exists’ is not to be understood in terms of ‘instantiates’. However, because he denies any distinction between external and internal negation, he is able to say that the second clause — ‘it is not now the case that (Socrates exists)’ — should be understood as ‘Socrates does not exist’. plato.stanford.edu /entries/existence   (15281 words)

[No title] Regardless of whether a stay is granted or denied, a civil party facing parallel criminal proceedings cannot be deprived of the Fifth Amendment right to remain silent; he or she retains the absolute right to assert the privilege against self-incrimination. He denied a similar stay to Ebbers, on the basis that, although Ebbers might be the focus of an ongoing criminal investigation, he had not been indicted. That denial of the motion to stay is now before this Court by way of a petition for a writ of mandamus filed by Bear Stearns on April 22, 2003, docketed as case no. 1021164. www.wallacejordan.com /decisions/Opinions2003/1020931.htm   (8254 words)

State v. Morrissey, 295 N.W.2d 307 (N.D. 1980) Because we find that the order denying Morrissey's writ of certiorari was a final determination of his rights in a special proceeding, we conclude that his appeal is properly before this court. from an order denying a writ of certiorari when certiorari was sought after a determination was made in a preliminary hearing to bind a defendant over for trial. Now counsel on appeal from a denial of a writ of certiorari is asserting that the statement alone is insufficient to bind Morrissey over for trial and required corroborating evidence which is not in the record. www.court.state.nd.us /court/opinions/712.htm   (2397 words)

Estate of McCormick The court subsequently reconsidered that order, affirmed its denial of a reference as to the attorney fees and inventory trials, but granted a reference on the accounting trial. Although the order denying reference was not a final judgment, it nevertheless became appealable when it merged with the final judgment on the fees trial and is therefore properly before this Court. Although the length of the trials and relative inconvenience to the parties and witnesses may constitute an exceptional condition, we cannot conclude that the court abused its discretion in denying Lukas's motion for reference based on the logistical difficulties of trying the case in the Probate Court. www.courts.state.me.us /opinions/documents/01me24mc.htm   (2749 words)

Terry Hill South Field   (Site not responding. Last check: 2007-10-23) She described the statutory and regulatory framework, and said that it is the position of Department Staff that the October 9, 2002 Stipulation satisfies the requirements of the ECL relative to preventing waste of the resource, providing for greater ultimate recovery and protecting the correlative rights of all owners of the resource. An issue is significant if it has the potential to result in the denial of a permit, a major modification to the proposed project or the imposition of significant permit conditions in addition to those proposed in the draft permit (Section 624.4(c)(3)). This issue was one of the matters addressed by DR 23-14, which pointed out that "[u]nder the rule of capture, a property owner does not have ownership of the subsurface oil and gas until captured, but the owner does have the right to search for, develop and produce the oil or gas." DR 23-14, p. www.dec.state.ny.us /website/ohms/decis/terryhillr3.html   (11756 words)

Hinshaw & Culbertson | Resource Center | Issues Facing In-House Counsel An attorney may not continue to provide services to corporate clients when the attorney knows the client is engaged in a course of conduct designed to deceive others, and where it is obvious that the attorney's compliant legal services may be a substantial factor in permitting the deceit to continue./17/ In denying the law firm's motion for summary judgment, the court insisted on strong action and disclosure where the law firm learns that its client's officers are engaged in improper conduct: Where a law firm believes the management of a corporate client is committing serious regulatory violations, the firm has an obligation to actively discuss the violative conduct, urge cessation of the activity, and withdraw from representation where the firm's legal services may contribute to the continuation of such conduct. www.hinshawlaw.com /ArticlesPublications/article21.cfm   (5065 words)

No. 97-2730 Peterson asserts that the trial court erred in denying his motion to dismiss the complaint on the ground that the lower prohibited alcohol concentration (PAC) of.08 for persons with two or more prior convictions, as compared to the PAC of.1 for persons with one or no prior convictions under §§ 346.63(1)(b) and 340.01(46m), Stats., Peterson moved to dismiss the complaint on the ground that a lower PAC for third and subsequent offenses, based solely on his status as a third or subsequent offender, violated his rights to equal protestion and due process of law. The trial court denied the motion, concluding that, since no suspect classification was involved and the distinction had a rational basis, the statute is not unconstitutional. www.wisbar.org /res/capp/z1997/97-2730.htm   (1191 words)

Lalit's Views: Christian Science and Vedanta Christian Science, by denying the existence of matter and mortal mind, denies the existence of the phenomenal world and reduces it to nothingness. Not only this, but the very act of denying is nothing, because the act of denying is the act of the mortal mind; it cannot be the act of an absolute or divine mind. Instead of insistently denying the existence of matter, mortal mind, and objective phenomena, Vedanta tells us how to see through the multiplicity of names and forms the one unchangeable Being which stand as the background (substratum) of all objects of material existence and gives reality to all. prasadlalit.blogspot.com /2005/07/christian-science-and-vedanta.html   (3924 words)

List of fallacy pages:D - EvoWiki   (Site not responding. Last check: 2007-10-23) Denial of the Antecedent - "If A is true, then B is true; A is false, therefore B is false" Denying a Conjunct - "A or B is false; A is false, therefore B is true" Denying the Correlative - hinting that there are other possibilities when in reality there are only two wiki.cotch.net /index.php?title=List_of_fallacy_pages:D&redirect=no   (565 words)

GWFHegel.Org - Edward Caird - Hegel It involves the denial of external necessity as the final explanation of anything, and teaches us to seek for self-determination, not only in self-conscious beings and animals, but, in a sense, even in what we call dead matter. Taken in a one-sided and exclusive sense, this doctrine is the denial of all relation of the individual either in thought or action to anything but himself; but taken in this sense it contains, as we have seen, its own refutation, and passes into its opposite. Such language, however, though not denied to have a certain truth in its own sphere, is usually kept to that sphere, and not brought down into the region of the ordinary understanding, or weighed against the words and categories which hold good there. www.gwfhegel.org /Books/CAIRD9.html   (6649 words)

In re Angel W. In these consolidated appeals, Levetus B., mother of the minor, Angel W., appeals from orders of the juvenile court denying her petition for modification and terminating her parental rights. Appellant contends the court erred in denying her request to represent herself. Since the right of self-representation in a dependency proceeding is statutory rather than constitutional, denial of the right is analyzed under the ordinary principles of harmless error. www.law.com /regionals/ca/opinions/nov/c037895.shtml   (3684 words)

Galatians To rest upon christian ordinances is exactly to deny the precious and solemn truth which they present to us, that there is no longer righteousness after the flesh, since Christ is dead and risen. He did not deny the authority of the law, he acknowledged its force in his soul, but in death, in order that he might live to God. The law and man in the flesh were correlative; law came in between the promise and Christ, the Seed; was a most useful testing of man, but when really known putting him to death, and condemning him. www.ccel.org /d/darby/synopsis/Galatians.html   (9560 words)

Fr. Hardon Archives - Authority and Obedience Although among the Jews the father had the great power in the family, yet the mother also had a claim to honor and obedience from the children, and the proverb poets require that she be respected even as the father. By and large, the stress in former times was on the observance of precepts that had to do with external conduct; and, without denying the need for internal motivation, the emphasis was not on the interior dispositions of soul. Yet all the while they were being persecuted, the Christians protested their loyalty to the government and only pleaded for justice, not to be punished for crimes they did not commit or, as Christ had demanded, to be shown wherein they had done wrong. www.therealpresence.org /archives/Moral_Theology/Moral_Theology_003.htm   (10235 words)

ANDERSON v. CELEBREZZE, 460 U.S. 780 (1983) -- US Supreme Court Cases from Justia & Oyez Carter, 405 U.S. Our primary concern is with the tendency of ballot access restrictions "to limit the field of candidates from which voters might choose." Therefore, "[i]n approaching candidate restrictions, it is essential to examine in a realistic light the extent and nature of their impact on voters." Ibid. Footnote 3 After the Court of Appeals denied a motion for expedited appeal, respondent filed a petition for a writ of certiorari before judgment in this Court, together with a motion to expedite consideration of the petition. Ohio's deadline, by denying Anderson a place on the ballot, removes the sixth largest slate of electors from Anderson's reach and thereby reduces the total pool of electoral votes for which he may compete nationwide by 25 electors." 499 F. Supp., at 126. supreme.justia.com /us/460/780/case.html   (13140 words)

WYOM Found Document:Golsen v. ONG Western, Inc. There can be no question since the Cities Service case, supra, that in order to prevent waste of natural gas and protect correlative rights of owners in a common source of supply of gas, the Commission may fix a uniform price for all gas produced from such common source of supply. However, the limits of the lawful exercise of this power are reached when the Commission sets a minimum price to be obtained for every thousand cubic feet or other similar unit taken out of its natural depository in the ground (or produced) in the field. Accordingly, the judgment of the trial court for the defendant denying liability to the plaintiffs is reversed and the cause is remanded for further proceedings to determine plaintiffs' damages. wyomcases.courts.state.wy.us /applications/oscn/DeliverDocument.asp?citeID=10340   (6985 words)

AskPhilosophers.org Second, avoiding the duties correlative to the candidate human right must be considerably less important or not important at all. Second, the correlative burdens are relatively light: We must not act in ways that deprive others of basic education or medical care, and we must help organize our society so that all its members have secure access to these goods insofar as this is reasonably possible. I am denying merely that these duties are correlative to human rights -- that is, that any violations of these duties are violations of the corresponding human rights. www.amherst.edu /askphilosophers/list/Justice&page=3   (3456 words)

Fr. Hardon Archives - The Sacred Heart and the Eucharist This correlation is perfectly natural once we realize that, on the one hand, “the heart of man is both the source and the seat of love,” while, on the other, “properly understood, this devotion is nothing else than an exercise of love. Even Calvin, who denied the real bodily presence, was willing to admit that at the moment of reception the spirit of Christ nourishes the soul of the communicant. Acts of reparation are correlative to those of gratitude, because it was especially the ingratitude towards Christ in the Sacrament of the Altar which the Sacred Heart deplored in His final and greatest revelation to St. Margaret Mary. www.therealpresence.org /archives/Sacred_Heart/Sacred_Heart_001.htm   (4138 words)

APPENDIX PART V If the consenting owners recover the costs specified in subsection (7) of this section, the nonconsenting owner shall own the same interest in the well and the production therefrom, and be liable for the further costs of the operation, as if he had participated in the initial drilling operation. If the plan for unit operations has not been so approved at the time the order providing for unit operations is made, the commission shall upon application and notice hold such supplemental hearings as may be required to determine if and when the plan for unit operations has been so approved. For a violation which does not result in significant waste of oil and gas resources or damage to correlative rights or does not result in a significant adverse impact on public health, safety, or welfare, the maximum penalty shall not exceed ten thousand dollars. oil-gas.state.co.us /RR_Docs/ACTJuly2001.htm   (8874 words)

Try your search on: Qwika (all wikis)

About us   |   Why use us?   |   Reviews   |   Press   |   Contact us   Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.