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Topic: Valid but unlawful


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  Illegal Australian Immigration and Unlawful Issues pertinent to Immigration to Australia
A court may not release an unlawful non-citizen detained, otherwise than for the purpose of removal from Australia or deportation, unless he or she is granted a visa.
Unlawful non-citizens in detention other than those detained because they have not been immigration-cleared or have been refused a visa on character grounds must be advised of their right to apply for a visa, and that if they do not apply for or are not granted a visa, they must be removed from Australia.
The eligibility of unlawful non-citizens to apply for substantive visas depends upon the criteria for the subclass of visa for which they wish to apply.
www.beyderwellen.com /unlawful.htm   (1745 words)

  
  Title 18, Section 922 Unlawful Acts   (Site not responding. Last check: 2007-10-22)
(f)(1) It shall be unlawful for any common or contract carrier to transport or deliver in interstate or foreign commerce any firearm or ammunition with knowledge or reasonable cause to believe that the shipment transportation, or receipt thereof would be in violation of the provisions of this chapter.
(m) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector knowingly to make any false entry in, to fail to make appropriate entry in, or to fail to properly maintain, any record which he is required to keep pursuant to section 923 of this chapter or regulations promulgated thereunder.
(n) It shall be unlawful for any person who is under indictment for a crime punishable by imprisonment for a term exceeding one year to ship or transport in interstate or foreign commerce any firearm or ammunition or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
www.7point62.com /bills/t18s922.html   (1380 words)

  
 CHANG & BOOS - DOS CABLE ON UNLAWFUL PRESENCE -- APRIL 4, 1998
The statute defines "unlawful presence" as presence in the U.S. without admission or parole, or presence in the U.S. after the expiration of the period of stay authorized by the Attorney General.
INS is preparing regulations which eliminate any unlawful presence if the alien filed the application in a timely manner, provided the application was subsequently granted; consistent with this, aliens should not be considered to have accrued any unlawful presence during the pendency of a successful application for extension or change of status.
In cases where the unlawful presence determination is based on an INS or IJ finding of a status violation, the clock starts to run from the date of the INS or IJ determination, not/not from the date on which the alien actually began violating status.
www.americanlaw.com /unlawfulmemo5.html   (6150 words)

  
 SUMMA THEOLOGICA: The impediments of marriage, in general (Supplementum, Q. 50)
Now these impediments that are assigned to matrimony are not against the natural law, because they are not found to be the same in each state of the human race, since more degrees of kindred come under prohibition at one time than at another.
Further, lawful and unlawful differ as that which is against the law from that which is not, and between these there is no middle term, since they are opposed according to affirmation and negation.
Persons are said to be unlawful subjects for marriage through being contrary to the law whereby marriage is established.
www.newadvent.org /summa/5050.htm   (1413 words)

  
 Chapter 659A — Unlawful Discrimination in Employment,
“Unlawful employment practice” includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter.
“Unlawful practice” includes a practice that is specifically denominated in another statute of this state as an unlawful practice and that is specifically made subject to enforcement under this chapter, or a practice that violates a rule adopted by the commissioner for the enforcement of the provisions of this chapter.
However, it is not an unlawful employment practice for an employment agency to classify or refer for employment any individual where such classification or referral results from a bona fide occupational requirement reasonably necessary to the normal operation of the employer’s business.
www.leg.state.or.us /ors/659a.html   (8365 words)

  
 Clemente Domínguez y Gómez - Wikipedia, the free encyclopedia
The ordinations and the validity of Clemente's "mission" were however disputed by the Spanish Catholic hierarchy.
Manuel Corral for "Pope Peter II", Gomez's successor as the Pope of the Palmarian Catholic Church.
Pope John Paul I and Pope John Paul II, the claimants to the Papal See generally held to be valid by the world during Clemente Dominguez y Gomez's "reign".
en.wikipedia.org /wiki/Clemente_Dom%C3%ADnguez_y_G%C3%B3mez   (1101 words)

  
 The Electronic Frontier: the Challenge of Unlawful Conduct Involving the Use of the Internet (March 9, 2000)
Unlawful conduct involving the use of the Internet is just as intolerable as any other type of illegal activity.
First, substantive regulation of unlawful conduct (e.g., legislation providing for civil or criminal penalties for given conduct) should, as a rule, apply in the same way to conduct in the cyberworld as it does to conduct in the physical world.
That is, unlawful conduct involving the use of the Internet should not be treated as a special form of conduct outside the scope of existing laws.
www.usdoj.gov /criminal/cybercrime/unlawful.htm   (16936 words)

  
 State Department unlawful presence memo   (Site not responding. Last check: 2007-10-22)
The statute defines "unlawful presence" as presence in the U.S. without admission or parole, or presence in the U.S. after the expiration of the period of stay authorized by the Attorney General.
INS is preparing regulations which eliminate any unlawful presence if the alien filed the application in a timely manner, provided the application was subsequently granted; consistent with this, aliens should not be considered to have accrued any unlawful presence during the pendency of a successful application for extension or change of status.
In cases where the unlawful presence determination is based on an INS or IJ finding of a status violation, the clock starts to run from the date of the INS or IJ determination, not/not from the date on which the alien actually began violating status.
www.visalaw.com /docs/state.htm   (6394 words)

  
 Immigration Info | Office of International Students & Scholars
Unlawful presence and visa voidance provisions begin when an individual remains in the U.S. beyond the date on the I-94, Arrival - Departure Record, or when an Immigration Judge makes a determination of a status violation, or when the USCIS makes a determination of a status violation during the course of adjudicating a benefit application.
For example, unlawful presence and visa voidance do not follow when a student does not maintain the required number of class hours or engages in unauthorized employment.
Among the criteria are that the alien be classifiable as a B visitor, have valid passport issued by a designated country, intend to visit the U.S. for a period not exceeding 90 days, and be in possession of a round-trip transportation ticket that is non-refundable except in the country of issuance.
www.ruf.rice.edu /~ois/immigration.html   (3833 words)

  
 Homily on Marriage, Divorce, Annulment and Re-Marriage   (Site not responding. Last check: 2007-10-22)
Jesus separates that case of "unlawful marriage," i.e., invalid marriage, from the case of valid marriage.
"Unlawful marriage" is, for example, a "marriage" between two "too" closely related family members, incestuous marriage, which is not a valid marriage at all, in the first place.
So that, therefore, in such a case of "unlawful marriage" there could then be a "second" and valid marriage, after the declaration that the "first," but "unlawful marriage" is no marriage at all, never was, and is therefore null.
www.catholic-doc.org /LoveforLife/homily.html   (1579 words)

  
 CCLR: Resisting Unlawful Arrest in Mississippi
He contended his arrest was unlawful because he had not been provided a hearing on the contempt of court charge before the arrest warrant for failure to appear was issued, as required under state law.
The Southern subculture of violence and the Southern tradition of honor and the validity of resorting to violence as a means of defending one’s honor and/or self form a natural foundation for the legal doctrine involving the right to resist an unlawful arrest.
An unlawful arrest is a form of and the tort of false imprisonment: unwanted touching, deprivation of liberty.
www.boalt.org /CCLR/v2/v2hemmensnf.htm   (10819 words)

  
 IQB: Communion bread, valid matter for
The variety of the wheat or the region of its origin does not affect its validity, but bread made from any other grain is invalid material.
The addition of a condiment, such as salt or sugar, is unlwaful but valid, unless added in a notable quantity.
It is gravely unlawful to consecrate with doubtful matter.
www.cin.org /users/james/questions/q101.htm   (574 words)

  
 NTS Fact Sheet - Graphology
A 1989 analysis of 17 earlier studies of the validity of graphology as a personnel selection device found that even the minimal correlations sometimes obtained by graphologists could be accounted for by content-laden scripts.
Personal validation gives a powerful subjective impression of truth, but unfortunately, the impression can be created by methods that have nothing to do with objective validity.
That is, validity must be demonstrated by comparing test scores with some external variable that provides a direct measure of the characteristic in question.
www.ntskeptics.org /FACTSHTS/graphol.htm   (4239 words)

  
 Docket No. 91465, People v. Carrera (IL S CT)
The majority concludes that the extraterritorial arrest of defendant by Chicago police officers was unlawful because the statute authorizing the arrest was enacted in violation of the single subject requirement of the Illinois constitution.
I write separately to clarify a distinction that the majority obscures-the difference between quashing an arrest because it was not authorized by a valid statute and applying the exclusionary rule to suppress evidence that was obtained in violation of a defendant's right to be free from unreasonable search and seizure.
In sum, I would hold that although the seizure of defendant was unlawful, the exclusionary rule does not apply to the bag containing drugs because the seizure did not violate defendant's state or federal constitutional rights and because the police did not act in willful disregard of the applicable statute.
www.state.il.us /court/Opinions/SupremeCourt/2002/December/Opinions/Html/91465.htm   (6603 words)

  
 Validation Information for Employment Tests
We believe the Hire Success™ Personality and Aptitude tests are valid and accurate tools for measuring a job applicant and is not in the abstract, and thus provides employers with an efficient, simple, accurate and cost-effective tool for general employment testing.
We must, however, again stress the importance of each employer seeking the advise of their own legal counsel and using common sense in the appropriate and legal administration of any test and the application of any information the test might reveal.
Even where the employer demonstrated "business necessity," the challenged practice may still be unlawful if the plaintiff demonstrates that an "alternative employment practice" with less disparate impact exists and the employer has refused to adopt the same.
www.indymall.com /hiresuccess/validation.htm   (2712 words)

  
 Aiding, abetting, harboring, encouraging illegals a felony
It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States.
It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work.
It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements.
www.americanpatrol.com /REFERENCE/AidAbetUnlawfulSec8USC1324.html   (1518 words)

  
 Legal Dictionary, AA - Accident Attorneys, Accidents & Personal Injury, Motorcycle Accident Lawyers, Big-Rig Accidents, ...
Manslaughter - The unlawful killing of another without intent to kill; either voluntary (upon a sudden impulse); or involuntary (during the commission of an unlawful act not ordinarily expected to result in great bodily harm).
Murder - The unlawful killing of a human being with deliberate intent to kill: (1) murder in the first degree is characterized by premeditation; (2) murder in the second degree is characterized by a sudden and instantaneous intent to kill or to cause injury without caring whether the injury kills or not.
Self-proving will - A will whose validity does not have to be testified to in court by the witnesses to it, since the witnesses executed an affidavit reflecting proper execution of the will prior to the maker's death.
www.aa-accidentattorneys.com /legal_dictionary.html   (13605 words)

  
 2C:39-5. Unlawful Possession of Weapons.
The third element that the State must prove beyond a reasonable doubt is that the defendant either knew that the property had been stolen or believed that it had probably been stolen at the time the defendant received the property (or brought the property into this State).
In such cases, "the State must prove that the defendant intended an unlawful taking," id. at 135; that is, the defendant acted with the purpose to permanently deprive the owner of the property.
1996) (holding in theft by unlawful taking case that "{t}he inference charge is given when there is a dispute concerning the identity of the person who physically took the property," but "is inappropriate where.
www.njlaws.com /unlawful_possession_of_weapons.htm   (2179 words)

  
 [No title]
His ordination would therefore be valid even if unlawful as the said Bishop was acting without the approval of the Holy Sea.
Bishop Cox's validity and mine is further attested to by the fact that the Archdiocese of Dublin (Bishop Kavanagh and Mons Alex Stenson) met Bishop Cox on several occasions and asked him to apply for laicisation.
Comment: This is an admission that Buckley, himself, is not fully confident in the validity of his Thucite "consecration." Furthermore, it is typical of past schismatics who attempt to gain "validity" for their "consecrations" by obtaining multiple "conditional consecrations".
jloughnan.tripod.com /buckley.htm   (3039 words)

  
 Valid but unlawful
Valid But Unlawful is a term used to describe the unauthorised practice of sacraments, especially the ordinations of clergy.
A Valid But Unlawful ordination, as the name suggests, is one where a bishop uses his valid ability to ordain someone whom under canon law or instruction from the pope he was prohibited from ordaining, it hence being unlawful.
In the twentieth century, French Catholic Archbishop Marcel Lefebvre is said to have earned automatic excommunication for his valid but unlawful ordinations of bishops without a Papal mandate.
en.efactory.pl /Valid_but_unlawful   (299 words)

  
 Dico Tire, Inc., Case 10-CA-28843
Respondent violated Section 8(a)(1) of the Act by prohibiting Mitchell from discussing his suspension which was an unlawful prohibition to Mitchell of discussing his terms and conditions of employment in violation of his rights under Section 7 of the Act and by requiring him to waive his statutory right to Board access.
There were approximately 461 eligible voters of whom 172 cast valid votes for and 241 cast valid votes against the Petitioner, United Steelworkers of America.
With respect to the alleged unlawful suspension of employee Kyle Mitchell, the complaint is dismissed.
www.nlrb.gov /nlrb/shared_files/decisions/330/330-177.htm   (10154 words)

  
 WylieLaw - Unlawful Arrests & Related Civil Claims
The U.S. criminal system is not a perfect one and if a person has all charges dropped or is found not guilty, but probable cause did exist to make the arrest, no remedy may be available to redress the wrong suffered by that innocent individual.
Historically, the law was originally part of the Civil Rights Act of 1871, intended to curb harmful, offensive and oppressive conduct by government and private individuals participating in vigilante groups, such as the Ku Klux Klan.
But today, §1983 is used to sue for false arrests and malicious prosecution as it makes it unlawful for anyone acting under the authority of state law to deprive another person of his/her Constitutionally guaranteed rights.
www.wylielaw.com /arrests_unlawful.html   (766 words)

  
 New Catholic Dictionary: "Ne Temere" decree   (Site not responding. Last check: 2007-10-22)
No pastor and no bishop can validly perform a marriage outside the limits of his own territory without the permission of the parish priest or bishop of the place.
If a pastor or a bishop, within the limits of his territory, should join a couple, neither of whom resides therein, the marriage is valid but unlawful, being an infringement on the rights of the pastor of the parties.
Under certain circumstances a valid and licit Catholic marriage may take place without a priest.
www.catholic-forum.com /saints/ncd05730.htm   (177 words)

  
 [No title]
I find, based on the foregoing, that Respondent, through admitted Supervisor Clayton Guensche, unlaw- fully interrogated Kustosz concerning her union activi- ties as his questioning accusation, whether rhetorical, as contended by Respondent on brief, or not, was calculat- ed to instill fear in the employee in connection with the exercise of Section 7 rights.
She was told it could not be done because this would be illegal as, "we have a lot of work here" and a large order of studs was coming in.
These in- dicia of unlawful motivation behind the termination are augmented by the fact that Respondent gave no notice whatsoever to Kustosz concerning her layoff, when it is reasonable to suppose that such notice would normally have been extended to an employee with her record.
www.nlrb.gov /nlrb/shared_files/decisions/273/273-382.txt   (5345 words)

  
 Episcopi vagantes
The Catholic Church generally considers at least some such consecrations valid but illicit, following the principle of "once a bishop, always a bishop." The Catholic Church distinguishes jurisdiction (the power to govern lawfully) from sacramental power (the power to sanctify, consecrate, and ordain validly).
This is because, unlike for Roman Catholics, Orthodoxy traditionally has considered apostolic succession to exist only within the church as a whole, and not through any authority held by individual bishops.
According to the normative position of Roman Catholicism, the consecration of a bishop is valid, even if outside the forms and norms of the church, so long as the bishop is in an indisputable line of succession of bishops dating back to the Apostles and the rites of consecration are properly performed (see Apostolic succession).
www.danceage.com /biography/sdmc_Episcopi_vagantes   (477 words)

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