Motive (law) - Factbites

Motive (law) - Factbites
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Topic: Motive (law)

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	/var/www/html/pg/etext05/805a410.txt
		The difference between the four types of animals is marked at a very early period in the embryo,—the embryo taking one of four different forms, according to the department to which it belongs; and Peirce has shown that these four forms are all embodiments of one single law of position.
		Now this embodiment, or this conception, in all cases, demands some law in the mind, by which it is conceived or made; and we must look at the nature of this law, in order to approach more nearly to understanding the nature of beauty.
		If, then, one single algebraic law of form includes the four diverse forms of the four great branches of the animal kingdom, is it extravagant to suppose that the diversities in each branch are also capable of being included in simple generalizations of form?
	isis.library.adelaide.edu.au /cgi-bin/pg-html/pg/etext05/805a410.txt

	AISLANDS OF EXCLUSIVITY@: RELIGIOUS ORGANIZATIONS AND EMPLOYMENT DISCRIMINATION
		Religious affiliation and religious lifestyle conformance in some cases is obviously as legitimate a qualification for a job as is a law degree and fidelity to a professional Code of Conduct for the employment of a lawyer.
		When the religious organization discriminates with a religious motive and the discrimination involves an existing ground of discrimination such as sex, marital status, sexual orientation, and so forth, there is clearly a case to be met, as to whether the discrimination is nevertheless a BFOR or whether an exemption applies.
		There are religious groups that from the perspective of liberal law are oppressive to their own members and ex-members, and when these issues are litigated, courts are faced with difficulties as to how to balance the civil rights of members or ex-members and the religious autonomy of the group.
	www.umanitoba.ca /Law/Courses/esau/law_religion/part_a.htm

	SSRN-Hate Crime Law and the Limits of Inculpation by Janine Kim
		Critics sometimes maintain that hate crime law punishes an offender for her motive and character and is therefore doctrinally and morally illegitimate.
		This inaccuracy significantly undermines the doctrinal critique against hate crime law, which in fact appears to be consistent with many other laws that consider motive and character as relevant factors in determining degree of guilt and proportionate punishment.
		Notwithstanding the apparent doctrinal validity of hate crime law, the author questions whether enhanced punishment for racially motivated crimes is morally (and politically) defensible in light of our current theoretical and psychological understanding of race and racism.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=786746 (265 words)

	From Religious Roots to Political Consequences
		Herman Dooyeweerd (1894-1997) was a Dutch philosopher of law and politics who argued that the clash among and within cultures arises from the religious depths of human life and that biblical religion opens the way to understand the meaning of the conflicts and disagreements that work themselves out in every sphere of life and learning.
		"Directly at work in the religious ground-motive is either the spirit of God or one that denies and opposes him," according to Dooyeweerd.
		The deepest religious root of the Renaissance movement was the humanistic religion of human personality in its freedom (from every faith that claims allegiance) and in its autonomy (that is, the pretension that human personality is a law unto itself)." [Roots of Western Culture.]
	www.cpjustice.org /stories/storyReader%241094 (265 words)

	Lynch law - Wikipedia, the free encyclopedia
		The term "lynch law" came in to general use as a description of efforts to maintain the established order either by the use of actual lynchings against those who would change it, or even their mere threat, which often became a sufficent motive to silence activists and critics.
		Lynch law is an extralegal means of maintaining the established social order.
		His favoured method was death by hanging, giving his activities seeming legitimacy as hanging was the form of capital punishment then generally called for by law.
	en.wikipedia.org /wiki/Lynch_law (265 words)

	Lalor, Cyclopaedia of Political Science, V.2, Entry 256, LAWS: Library of Economics and Liberty
		Such was evidently the motive for that law of the Locrians which did not permit a woman to have more than one slave accompany her on the street.
		All these laws, so diverse in the nature of the subjects to which they applied, were inspired by one single idea and tended to the same end, to prevent the extinction of the free population, from which the national armies were recruited.
		Hence arose sumptuary laws, which distinguished classes by their garb, as the grades in an army are distinguished by the uniforms.
	www.econlib.org /library/YPDBooks/Lalor/llCy647.html (1875 words)

	Summary of the Rules of Evidence: A concise summary of the federal and California rules of evidence. Intended as a primer or review for litigators and others interested in a thorough understanding of the basic rules.
		The parol evidence rule, which bars the admission of extrinsic evidence to vary the terms of a written agreement, is usually considered a matter of substantive law, not of rule of evidence.
		For example, while evidence of prior bad acts is generally not admissible to show that a person acted similarly in the present case, it may be admissible to show motive, plan, intent, or lack of mistake or, in federal court, to impeach a witness's credibility.
		Evidence of mediation or settlement discussions is not admissible to prove liability for the claims that were being discussed.
	www.dicarlolaw.com /RulesofEvidenceSummary.htm (9866 words)

	The AMC Pages Who's Who in Pine Valley Edmund Grey
		Edmund consulted with a doctor of questionable motive and asked that a risky operation be conducted to remove a bullet that had been lodged near his spine, Maria refused to let Edmund go under the knife because the chances of dying during the operation were staggeringly high.
		Edmund Gresham was supposedly the son of one of the maids at Wildwind (Flora) and the gardener (Alf Gresham).
		Edmund and Brooke were more in love than ever, but their wedding was constantly being postponed, whether through Tad's problems or Jamie being held at knifepoint by Vanessa.
	www.soapcentral.com /amc/whoswho/edmund.php (9866 words)

	Lalor, Cyclopaedia of Political Science, V.2, Entry 255, LAWS, Agrarian: Library of Economics and Liberty
		The law of Licinius, though not directly, did, in effect, limit the amount of capital which an individual could apply to agriculture and the feeding of cattle, and jealousy of the rich was one motive for this enactment.
		A law ( lex) for the establishment of a colony and the assignment of tracts of land to the colonists, was an agrarian law.
		Another law, which Appian attributes to Spurius Borius, enacted that there should be no future grants of lands, that those who had lands should keep them, but pay a rent or tax to the ærarium, and that this money should be distributed among the poor.
	www.econlib.org /library/YPDBooks/Lalor/llCy646.html (9866 words)

	Frances Kissling Spins Canon Law
		But Canon Law is clear on one matter, and the American bishops agree: Catholics For a Free Choice is anything but Catholic.
		Kissling’s motive in producing the tract is transparent: she hopes to silence her opposition, who place her and her organization outside the Church.
		Canon 1329 states that anyone who aided in the commission of an offense such that it would not have been committed without their help suffers the penalty attached to that offense.
	www.catholicleague.org /research/cffc_canon_law.htm (566 words)

	Limitation of the Law of Energy Conservation
		At that stage (1931) when the law of conservation of energy was threatened, the existence of a new particle (neutrino), till then unknown, was postulated to save the law.
		The law of conservation of energy is today an accepted doctrine that governs all energy-exchange phenomena of nature.
		However, when the spatial reality of fields and absence of energy at electron's centre are recognized, the law of conservation of energy becomes applicable only to the universe as a whole, though for the phenomena involving material interactions due to conservation of momentum, the energy conservation law will be valid also in isolated systems.
	depalma.pair.com /Tewari/Chap8.html (3478 words)

	Godwin's Law - Wikipedia, the free encyclopedia
		Godwin's standard answer to the first objection is to note that Godwin's Law does not dispute whether, in a particular instance, a reference or comparison to Hitler or the Nazis might be apt.
		Some would argue, however, that Godwin's Law portrays an inevitable appeal to emotion as well as holding an implied ad hominem attack on the subject being compared, both of which are fallacious in irrelevant contexts.
		From a philosophical standpoint, Godwin's Law could be said to exclude normative (ethical) considerations from a positivist (scientific) discussion.
	en.wikipedia.org /wiki/Godwin%27s_law (779 words)

	Islam in France - Wikipedia, the free encyclopedia
		The French Olivier Roy, a top advisor to French President Jacques Chirac, holds that the primary motive of all of this activity is resistance to colonialism and control of the Islamic World by outsiders.
		This law (sometimes called the French headscarf law) forbids wearing "ostentatious" signs of religious expression.
		For the issues surrounding Islam and the State school system, see The hijab issue below, and French headscarf law.
	en.wikipedia.org /wiki/Islam_in_France (3721 words)

	employ.html
		An official is entitled to qualified immunity at the summary judgment stage if both a lawful and unlawful motive are present and a jury could find that the official would have made the same decision absent the unlawful motivation.
		It would not be contrary to law for an employer to require employees with more authority to conform to a higher standard of decency than those with less authority.
		This outline focuses primarily on Eleventh Circuit law, although it includes case law from other Circuits as well.
	userwww.service.emory.edu /~cescoff/employ.html (1723 words)

	denoce.txt
		We can find no reason why law enforcement officers who were investigating suspected narcotics violations would have any interest in the value of the Trail's End Ranch or the value of property sold in the same area other than ff they had a motive to forfeit that property.
		As discussed in our report, although there may be other explanations for this, information, it is our opinion that the most reasonable explanation is that the law enforcement officers involved in the preparation of the search warrant were motivated, in part, by a desire to forfeit a valuable piece of property.
		Prior to the execution of the search warrant, law enforcement officers involved in the search warrant discussed the possibility of seizing and forfeiting the Trail's End Ranch.
	www.fear.org /chron/denoce.txt (398 words)

	Motive - Art History Online Reference and Guide
		Motive is a term that turns up both in the popular psychology of literature and cinema, and as term of art in law.
		Motive is particularly important to the devotees of method acting, in which the actors seek to identify psychologically with the characters they portray in order to make the characters' emotional state their own.
		Motive in itself is seldom an element of any given crime ; however, the legal system typically allows motive to be proven in order to make plausible the accused's reasons for committing a crime, at least when those motives may be obscure or hard to identify with.
	www.arthistoryclub.com /art_history/Motive (398 words)

	THERMODYNAMICS - LoveToKnow Article on THERMODYNAMICS
		He remarks that the law according to which the motive power of heat varies at different points of the thermometric scale is intimately connected with that of the variations of the specific heats of gases at different temperaturesa law which experiment has not yet made known to us with sufficient exactness.
		It follows from the first law that the intrinsic energy of a substance in a given state must always be the same, or that the change of E in any transformation must depend only on the initial and final states, and not on the path or process.
		ideal gas, it is evident that Boyles law would be satisfied by any substance having the characteristic equation pv =f(O), where f(0) is any arbitrary function of 0, and that the scale of temperatures given by such a substance would not necessarily coincide with the absolute scale.
	www.1911encyclopedia.org /T/TH/THERMODYNAMICS.htm (10122 words)

	FindLaw - Law, Lawyer, Lawyers, Attorney, Attorneys and Legal Resources
		A federal judge in Phoenix has ruled that even if an insurer used the litigation process to vex a corporate officer and delay his collection of a judgment in an underlying D&O insurance dispute, the insurer's alleged ulterior motive for using legitimate legal tactics does not constitute bad faith.
		Used by law firms for over 25 years, Tabs3 is recommended by 95% of firms that use it.
		FindLaw columnist and Cardozo law professor Marci Hamilton discusses a question that many have been asking with respect to the Harriet Miers Supreme Court nomination: Will she overrule Roe v.
	www.findlaw.com (254 words)

	THE LAW SOCIETY: WHERE'S THE MOTIVE?
		What motive could the Law Society provide to explain why four judges would falsely claim that the union was a party in the proceedings.
		Steward's evidence, that there is no evidence of dishonest conduct by her former lawyer, then the Law Society should be made to cough up a motive as to the reason four judges would falsely claim that the union was a party in the proceedings
		The appeal is dismissed without cost." There is no evidence before the Law Society that shows that the motions judge and the Court of Appeal panel were dishonest.
	www.execulink.com /~justice3/LScred.htm (254 words)

	CATHOLIC ENCYCLOPEDIA: Miracle
		I may not know all the laws of the penal code, but I can know with certainty that in a particular instance a person violates one definite law.
		Jesus constantly appealed to His "works" to prove that He was sent by God and that He is the Son of God, e.g., to the Disciples of John (Matt., xi, 4), to the Jews (John, x, 37).
		He appeals repeatedly to His "works" as most authentic and decisive proof of His Divine Sonship (John, v, 18-36; x, 24-37) and of His mission (John, xiv, 12), and for this reason condemns the obstinacy of the Jews as inexcusable (John, xv, 22, 24).
	www.newadvent.org /cathen/10338a.htm (254 words)

	Jewish Law - Articles ("Cloning People and Jewish Law: A Preliminary Analysis")
		Jewish law sees nothing wrong with the having of children for a multiplicity of motives other than one's desire to "be fruitful and multiply." Indeed, the Jewish tradition recognizes that people have children to help them take care of themselves in their old age, and accepts that as a valid motive.
		Jewish law insists that the child of a Jewish mother is Jewish, independent of the religious identity of the father, and the child of a gentile woman is a gentile, independent of the religious status of its father.
		The Jewish legal tradition would, in my opinion, be very much inclined to label the gestational mother (the one who served as an incubator for this cloned individual), as the legal mother of the child, as this woman has most of the apparent indicia of motherhood (see infra) according to Jewish law.
	www.jlaw.com /Articles/cloning.html (254 words)

	Jewish Law - Articles ("Cloning People and Jewish Law: A Preliminary Analysis")
		Jewish law sees nothing wrong with the having of children for a multiplicity of motives other than one's desire to "be fruitful and multiply." Indeed, the Jewish tradition recognizes that people have children to help them take care of themselves in their old age, and accepts that as a valid motive.
		Jewish law insists that the child of a Jewish mother is Jewish, independent of the religious identity of the father, and the child of a gentile woman is a gentile, independent of the religious status of its father.
		In the Jewish tradition, that touchstone is halacha: the corpus of Jewish law and ethics.
	www.jlaw.com /Articles/cloning.html (11711 words)

	Argentine Legislators to Consider Religious Liberty Law
		The law, which seeks to reform government regulation of non-Catholic religious entities imposed during previous de facto regimes, affirms that "every person enjoys the fundamental right to freedom of conscience and religion guaranteed in the National Constitution" and states that "religious beliefs will never constitute a motive for inequality or discrimination before the law."
		Argentina's Minister of Foreign Relations and Culture, Angel Centeno, submitted the bill to the Chamber of Deputies last September, acting on behalf of the administration of President Carlos Menem.
		Navarro Floria, legal advisor to Centeno and professor of Juridicial Science at the Catholic University at of Argentina, helped frame the pending legislation because he believes it will strengthen religious liberty rights enshrined in the constitution.
	www.forerunner.com /forerunner/X0241_Argentina_-_Religiou.html (11711 words)

	God of the Machine
		A little algebraic manipulation of the Gibbs-Boltzmann formulation of the Second Law produced a strange number we called alpha, which turns out to be the measure of sustainability for any Eustace, living or dead, on Earth or in a galaxy far, far away.
		(Motive, to answer a question in the previous comment thread, counts for nothing; but then why should it?) But utilitarianism foundered on the problem of commensurable units.
		The student is left with the impression that plane geometry sprang fully constructed from the brain of Euclid, like Athena from the brain of Zeus.
	www.godofthemachine.com (11711 words)

	Celestial Mechanics
		These quantities are defined later, and their conservation is the motive for the third law, which cannot be stated in a general form in other than an extremely tedious and unilluminating way.
		Newton's laws of motion are: (1) a body under no forces moves uniformly in a straight line; (2) the acceleration of a body is equal to the force acting on it divided by its mass; and (3) the mutual forces acting between two bodies are equal and opposite.
		These laws are sufficient to determine the position of a planet at any later time if its position is known at one time, and the dimensions and orientation of the orbit are known.
	www.du.edu /~jcalvert/phys/orbits.htm (11711 words)

	EPIC Alert 5.17 (11/19/98)
		In sum, the only "pornography" that the COPA could possibly prevent minors from accessing is material that: 1) is not already illegal under obscenity and child pornography laws; 2) does not require payment; 3) is not communicated by amateurs with no profit motive; and 4) is not provided by content providers overseas.
		Though the COPA, like the CDA, purports to restrict the availability of materials to minors, the effect of the law is to restrict adults from communicating and receiving expression that is clearly protected by the First Amendment.
		The TRO also precludes retroactive enforcement of COPA, should the law eventually be upheld, for material posted while the restraining order is in effect.
	www.epic.org /alert/EPIC_Alert_5.17.html (11711 words)

	Keegan v Chief Constable of Merseyside Police [2003] EWCA Civ 936
		But applying the law as it was in October 1999 to the facts of the case, there was no evidence of any improper motive and the tort of malicious procurement of a search warrant was not established.
		In order to establish the tort of malicious procurement of a search warrant it was necessary to prove that the police had an improper motive for obtaining the warrant in addition to proving the absence of reasonable or probable cause to seek the warrant.
		Malice meant not only spite and ill-will but also improper motive (see p 797), that is, in the context of the present case, any motive other than a desire to recover the stolen cash.
	www.lawreports.co.uk /civjulc0.7.htm (11711 words)

	Brainstorms: Does intelligence imply “motive”?
		Specifically, finding motive helps us skip the nearly impossible step of considering all law- and chance-based processes, by finding a single feature (motive) that correlates highly enough with intelligent action that the chance that the event is not intelliently caused can be safely neglected (in the absence of some other strong indication against intelligent cause).
		Motive may possibly be a factor that is an aspect of convincing the large majority of us that the “actual” cause is of a “design” class.
		The “motive” aspect of mechanism is most certainly not sufficient by itself to make ID concepts appear more scientific to the general science community, I’m just saying that it is a step.
	www.iscid.org /boards/ubb-get_topic-f-6-t-000411.html (11711 words)

	Febres v. Challenger Caribbean Corp. (6/8/2000, No. 98-1916)
		In a mixed-motive case, the burden of persuasion does not shift merely because the plaintiff introduces sufficient direct evidence to permit a finding that a discriminatory motive was at work; the burden shifts only if the direct evidence in fact persuades the jury that a discriminatory motive was at work.
		To fill this perceived void, they urged the court to instruct that the burden of persuasion shifted as long as the appellants presented "sufficient direct evidence to establish that age was a motivating factor." This was wrong as a matter of law.
		These animadversions confuse the predicate for obtaining a mixed-motive jury instruction -- the existence of direct evidence -- with the predicate for shifting the burden of persuasion under a mixed-motive analysis -- proof establishing that age played a motivating part in the challenged employment decision.
	www.law.emory.edu /1circuit/june2000/98-1916.01a.html (11711 words)

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In the News (Sun 23 Nov 08)