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Topic: Unavailability

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	United States v. Inadi 475 U.S. 387 (1986) (Site not responding. Last check: 2007-11-06)
		But if the declarant is unavailable, no "better" version of the evidence exists, and the former testimony may be admitted as a substitute for live testimony on the same point.
		Thus, the unavailability rule cannot be defended as a constitutional "better evidence" rule, because it does not actually serve to exclude anything, unless the prosecution makes the mistake of not producing an otherwise available witness.
		For unincarcerated declarants the unavailability rule would require that during the sometimes lengthy period before trial the Government must endeavor to be aware of the whereabouts of the declarant or run the risk of a court determination that its efforts to produce the declarant did not satisfy the test of "good faith." See Ohio v.
	www.law.harvard.edu /publications/evidenceiii/cases/us-v-ina.htm (2882 words)

	Kids.net.au - Encyclopedia Agriculture -
		At the same time, use of mechanization has decreased labor requirements, releasing most of the populace from intense agricultural labor.
		The developing world is behind by Western measures of productivity, because of unavailability of the education, capital and technology base needed to sustain these advances, and usually ecoregion with less optimal climates and soils.
		Animal husbandry means breeding and raising animals for meat or to harvest animal products (like milk, eggs, or wool) on a continual basis.
	www.kids.net.au /encyclopedia-wiki/ag/Agriculture (1067 words)

	UNITED STATES v. INADI (Site not responding. Last check: 2007-11-06)
		The confrontation clause of the Sixth Amendment does not require a showing that a nontestifying coconspirator is unavailable to testify as a condition for admission of that coconspirator's out-of-court statements made during the course and in furtherance of the conspiracy.
		Roberts, supra, which simply reaffirmed a longstanding rule that applies unavailability analysis to the prior testimony of a witness not produced at trial, cannot fairly be read to stand for the proposition that no out-of-court statement can be introduced by the prosecution without a showing that the declarant is unavailable.
		The unavailability rule suffers from many of the same flaws under either interpretation, and in fact may be even less defensible under an interpretation requiring the prosecution to call each declarant as a witness.
	www.thelaborers.net /court_cases/us_v_inadi_supreme-1986-03-10.htm (8041 words)

	Rule 804.Hearsay Exceptions-Declarant Unavailable.
		If the conditions otherwise constituting unavailability result from the procurement or wrongdoing of the proponent of the statement, the requirement is not satisfied.
		Under the House amendment, before a witness is declared unavailable, a party must try to depose a witness (declarant) with respect to dying declarations, declarations against interest, and declarations of pedigree.
		The exceptions evolved at common law with respect to declarations of unavailable declarants furnish the basis for the exceptions enumerated in the proposal.
	www.touchngo.com /lglcntr/ctrules/evcom/EVC-60.htm (3615 words)

	WEC PGP Support Paper 3.1
		The energy unavailability factor over a specified period is defined as the ratio of the energy that could have been produced during this period by a capacity equal to the unavailable capacity, and the energy that could have been produced during the same period by the maximum capacity.
		Unavailability is classified as planned if it is foreseen well in advance, generally at the time when the annual overhaul program is established, and if the beginning of the unavailability period can largely be controlled and deferred by management.
		The low rate of unplanned unavailability (1.1%) is offset by a relatively high rate of planned unavailability (17.7%), corresponding to an average annual shutdown for overhaul and maintenance equivalent to slightly less than two months.
	www.worldenergy.org /wec-geis/publications/reports/ptgp/3-1/pgp31text.asp (7080 words)

	[No title]
		If proof of unavailability is a prerequisite for admission of a co-conspirator statement, the court of appeals should have ordered a remand hearing to determine the question of unavailability rather than ordering a new trial Conclusion OPINIONS BELOW The opinion of the court of appeals (Pet.
		Under the court of appeals' rule, however, each extrajudicial declarant must now be produced in court (or his absence satisfactorily explained) as a condition to admission of his or her statement in furtherance of the conspiracy, whether or not any party actually wishes to call the declarant as a witness.
		Thus, the rule requiring unavailability as a prerequisite for the admission of co-conspirator statements, unlike the unavailability requirement applicable to former testimony, cannot be defended as a best evidence rule.
	www.usdoj.gov /osg/briefs/1985/sg850160.txt (11305 words)

	WEC PGP Support Paper 3.2 (Site not responding. Last check: 2007-11-06)
		The unplanned unavailability factors are 3.4% and 2.0%, respectively, compared to 3.1% for gas turbine plant and 2.8% for combined cycle plant in the 1995 report.
		The unscheduled unavailability factors for the same size classes and time periods are shown in Figures 3-4, 3-5 and 3-6.
		The three year average unscheduled unavailability factors for the same class sizes and time periods are shown in Figures 3-11, 3-12, 3-13 and 3-14.
	www.worldenergy.org /wec-geis/publications/reports/ptgp/3-2/Pgp32text.asp (4188 words)

	Definition: unavailability (Site not responding. Last check: 2007-11-06)
		unavailability: A expression of the degree to which a system, subsystem, or equipment is not operable and not in a committable state at the start of a mission, when the mission is called for at an unknown, i.e., random, time.
		Note 2: Expressed mathematically, unavailability is 1 minus the availability.
		Note 3: Unavailability may also be expressed mathematically as the ratio of the total time a functional unit is not capable of being used during a given interval to the length of the interval, e.g., if the unit is not capable of being used for 68 hours a week, the unavailability is 68/168.
	www.atis.org /tg2k/_unavailability.html (131 words)

	Notice Regarding Unavailability of File Wrappers
		Between September 27, 2004 and until at least December 3, 2004, various of the file wrappers bearing the paper versions of pending trademark applications may not be readily available for public viewing.
		Once packed, the file wrappers will be unavailable until they have been unpacked and shelved at a central docket facility to be established in Alexandria.
		Thus, whereas the TICRS file for a pending application will always be complete, the unavailable file wrapper may not include all, or any, of the contents of a pending application.
	www.uspto.gov /web/trademarks/notices/filewrapperunavl.html (328 words)

	Service disruptions
		Please note that WebCT will be unavailable on Sunday, March 14, 2004 from 00h00 (midnight) to 09h00, in order to perform an upgrade and to prepare for the summer terms.
		Please note that establishing VPN or wireless sessions may be intermittent or unavailable on Tuesday, February 17, 2004 from 06h30 to 07h00 for system maintenance.
		Please note that dial-up access will be unavailable and mail routing may experience some intermittent interruptions on Thursday, January 8, 2004 (tomorrow) from 03h30 to 04h00, while some maintenance is performed.
	www.mcgill.ca /ncs/newsletter/previous/disruptions (4179 words)

	WYOM Found Document:UNITED STATES v. INADI, 475 U.S. 387 (1986)
		The Confrontation Clause does not require a showing of unavailability as a condition to admission of the out-of-court statements of a nontestifying co-conspirator.
		[475 U.S. that Lazaro was unavailable to testify.
		We granted certiorari, 471 U.S. (1985), to resolve the question whether the Confrontation Clause requires a showing of unavailability as a condition to admission of the out-of-court statements of a nontestifying co-conspirator, when those statements otherwise satisfy the requirements of Federal Rule of Evidence 801(d)(2)(E).
	wyomcases.courts.state.wy.us /applications/oscn/DeliverDocument.asp?citeID=432575 (7300 words)

	[No title]
		The conditional system unavailabilities associated with the downtimes of the user specified failed component are also evaluated.
		Using the appropriate logical relationships among the unavailabilities of individual components, the system unavailability (or total failure probability) is also calculated at these time points.
		Then, the system average unavailability (or total failure probability) is calculated by integrating the instantaneous unavailability (or total failure probability) over the standby time period.
	www-rsicc.ornl.gov /codes/psr/psr4/psr-406.html (448 words)

	California Code of Regulations, Title 8, Section 33. Unavailability of QME. (Site not responding. Last check: 2007-11-06)
		(a) A QME who will be unavailable to accept appointments to a QME panel for a period of 14 days or more for any reason, including a change of address, absent good cause including but not limited to medical or family emergency, shall notify the Medical Director by submitting the form in Section 109.
		The Medical Director may, in his or her discretion, grant a notice of unavailability within the 30 day period in cases of injury or illness to the QME or his or her immediate family.
		A QME who has filed notification for unavailability for more than 90 days during the QME fee period without good cause may be denied reappointment subject to Section 52.
	www.dir.ca.gov /t8/33.html (386 words)

	OhioLINK ETD: Min, Kyeong Sam
		The degree to which consumers will react adversely to product unavailability is likely to depend on how much freedom they expect prior to choice, and whether a choice constraint is perceived to be important to them.
		Preference for the unavailable product is shown to moderate the relationship between the timing of notification and choice of the most similar alternative.
		Past research argued that the presence of an unavailable alternative would increase the choice share of its most similar alternative due to consumers’ cognitive biases, including loss aversion and similarity substitution.
	www.ohiolink.edu /etd/view.cgi?osu1060627656 (342 words)

	Net Master Hosting - Web Site Hosting, Virtual Domains, Dedicated Servers, E-Commerce (Site not responding. Last check: 2007-11-06)
		Unavailability of Customer's Server due to Customer's web content or application programming, acts of Customer or its agents, network unavailability outside of the NMH Network or events of force majeure shall not be deemed Server unavailability for the purpose of this Commitment.
		If NMH determines in its reasonable commercial judgment that Customer's Server was unavailable for one or more (but fewer than four) consecutive hours during a calendar month, NMH, upon Customer's request, will credit Customer's account for such month the pro-rated charges for one day's service for that server.
		Or if NMH so determines that the Server was unavailable for four (4) or more consecutive hours during any calendar month, NMH, upon Customer's request, will credit Customer's account for such month for the pro-rated charges for one week's service for that server.
	www.netmasterhosting.com /service_level.html (833 words)

	ICANN \| Unsponsored TLD Agreement: Appendix D (.name)
		2.14.3 All periods of SRS Unavailability that result from events that can be classified as malicious attacks, such as denial of service ("DOS") attacks.
		Registry Operator considers the DNS Service to be the most critical service of the Registry, and will ensure that unavailability times are kept to an absolute minimum.
		Registry Operator will log SRS unavailability once an ICANN-Accredited Registrar reports an occurrence by phone, e-mail, or fax as described in the customer support escalation procedures described in Appendix F. The committed Performance Specification is 99.4% measured on a monthly basis.
	www.icann.org /tlds/agreements/name/registry-agmt-appd-29jun01.htm (2777 words)

	Unavailability xref (Site not responding. Last check: 2007-11-06)
		There cannot 30 * be more than one instance of Unavailability owning this identifier.
		For example, this field is used to 44 * retrieve different unavailabilities at different time (versionned courses 45 * e.g.).
		So, there could be many Unavailability instances having the same 46 * number (contrary to id) 47 / 48 protected long number; 49 50 /** 51 * The time period when this unavailability takes place.
	chronos.berlios.de /webDevState/xref/de/berlios/chronos/business/Unavailability.html (770 words)

	Amazon.co.uk: Books: Emotional Unavailability: Recognizing It, Understanding It, and Avoiding Its Trap (Site not responding. Last check: 2007-11-06)
		Collins' understanding of emotional unavailability in its various forms, its' devastating effects on relationships, and helpful chapters on how to avoid it, are spot on.
		I bought it to help me understand my emotionally unavailable partner, and was shocked to find not only him but also myself inside it.
		Describing emotional unavailability is like trying to describe the wind - but Bryn Collins does it beautifully and precisely.
	www.amazon.co.uk /exec/obidos/ASIN/0809229145 (718 words)

	Cluster Unavailability
		1024 nodes of the tungsten cluster will be unavailable for a period of 7 days next week: from 12:01 am Oct 18 through 11:59 pm Oct 24 CT for a series of special runs.
		The debug queue will be unavailable during this time.
		Jobs that will not complete before the unavailability period begins will not start on the reserved nodes.
	www.ncsa.uiuc.edu /UserInfo/Resources/Hardware/News/tungsten/ByName/Cluster_Unavailability.html (167 words)

	hosting services - service level agreement (SLA)
		Unavailability equal to or greater than four (4) hours, but less than eight (8) hours, in a calendar month: one (1) week Service Credit.
		Unavailability equal to or greater than eight (8) hours in a calendar month: one (1) month Service Credit.
		If we fail to contact Customer within one (1) hour of the occurrence of such Unavailability, Customer will, upon compliance with the procedures herein, be eligible to receive a one (1) day Service Credit.
	hugewindowshosting.com /web_host_sla.asp (897 words)

	Network and Communications Services (Site not responding. Last check: 2007-11-06)
		Please note that the LISTSERV service will be unavailable on Saturday, October 8, 2005 from 10h00 to 12h00 (noon), due to an upgrade.
		Please note that wireless access will be unavailable on Tuesday, October 4, 2005 (tomorrow) from 05h00 to 06h30, due to system maintenance.
		Please note that the LISTSERV service will be unavailable on Saturday, August 27, 2005 from 14h00 to 22h00 while an upgrade is being done.
	www.mcgill.ca /ncs (1034 words)

	Uses of Class de.berlios.chronos.business.Unavailability (Chronos Timetable Project 0.5 API) (Site not responding. Last check: 2007-11-06)
		The unavailabilities of this resource (Could be courses).
		Creates an Unavailability object from the given resource at the given period.
		Allows us to know if an unavailability is between two dates.
	chronos.berlios.de /webDevState/apidocs/de/berlios/chronos/business/class-use/Unavailability.html (247 words)

	Terms and Conditions : Latin America : Mexico : Service Level Agreement (Site not responding. Last check: 2007-11-06)
		Outages will be counted as Network Unavailability only if Avantel notifies Customer of the outage in accordance with the Outage Reporting Guarantee set forth below or if Customer opens a trouble ticket with Americare customer support within thirty (30) days of the outage.
		Network unavailability will not include Scheduled Maintenance, or any unavailability resulting from (a) any Customer-ordered telephone company circuits, (b) Customer's applications, equipment, or facilities, (c) acts or omissions of Customer, or any use or user of the service authorized by Customer or (d) reasons of Force Majeure (as defined in the applicable service agreement).
		For each cumulative hour of Network Unavailability or fraction thereof in any calendar month, at Customer's request Customer's account shall be credited for the pro-rated charges for one day of the Avantel Monthly Fee for the service with respect to which a Service Availability Guarantee has not been met.
	global.mci.com /terms/latam/mx/sla (370 words)

	Amazon.com: Books: Emotional Unavailability : Recognizing It, Understanding It, and Avoiding Its Trap (Site not responding. Last check: 2007-11-06)
		Through real-life examples, quizzes, and an easy-to-understand text, readers learn how to identify the 10 types of emotionally unavailable people to avoid and put themselves on the road to a truly satisfying relationship.
		I don't think I know anyone who has escaped having a relationship with someone emotionally unavailable at some point in their life.
		Emotional Unavailability by Bryn C. Collins, is an excellent book for everyone of us learning and identifying different patterns of toxic relationships.
	www.amazon.com /exec/obidos/tg/detail/-/0809229145?v=glance (1784 words)

	Envisat Instrument Availability Interruptions
		The following table provides a history of the periods of unavailability for the various instruments onboard Envisat.
		Click on a heading in the title to order the table by instrument, unavailability start or unavailability end.
		Click here to access the instrument unavailability file in comma-separated-value (csv) format.
	envisat.esa.int /instruments/availability (69 words)

	Computational and Design Studies on the Unavailability of Mesh-Restorable Networks - Clouqueur, Grover (ResearchIndex) (Site not responding. Last check: 2007-11-06)
		Abstract: This paper studies the unavailability of mesh-restorable networks from the standpoint of dual-span failures as the main source of outage in networks that are efficiently designed to fully restore any single failure.
		Computer emulation of the detailed routing behavior of three progressively more adaptive restoration protocols is used to find the dual-failure restorability (R 2) under modular and nonmodular capacity assumptions.
		Clouqueur, W. Grover, "Computational and Design Studies on the Unavailability of Mesh-restorable Networks," Proceedings of the 2 nd International Workshop on the Design of Reliable Communication Networks (DRCN http://citeseer.ist.psu.edu/clouqueur00computational.html More
	citeseer.ist.psu.edu /clouqueur00computational.html (497 words)

	NESC0766: FRANTIC-NRC, Accident Sequence and Event Tree Analysis for System Availability and Operation
		The conditional system unvailabilities associated with the downtimes of the user specified failed component are also evaluated.
		The more nonlinear the system standby unavailability or the system failure occurence rate, the more time points are required.
		FRANTIC3 capability is enhanced further to evaluate standby system unavailability or, in addition to the unavailability, to calculate the total system failure probability or unreliability.
	www.nea.fr /abs/html/nesc0766.html (702 words)

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