Exact(1)
"Whether a part or accessory is, in fact, a machinegun requires an application of statutory terms – the law – to the technical and functional characteristics of the device.
Similar(59)
This disjunction has been in tension since British colonialists tried to codify Nuer customary law in the region (Johnson 1986), and its implications for insecurity in rural areas are profound, since applications of statutory law without corresponding customary measures may fail to resolve the resentments that fuel devastating cycles of revenge raids if left unmediated.
Respondents then filed a habeas corpus petition in Federal District Court, contending that they were denied due process of law by the application of the statutory presumption.
Respondents filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of New York contending that they were denied due process of law by the application of the statutory presumption of possession.
Not only, then, do I see no ground for holding that Illinois' statutory definition of 'parents' on its face violates the Equal Protection Clause; I see no ground for holding that any constitutional right of Stanley has been denied in the application of that statutory definition in the case at bar.
The continuance of the prosecution of the defendants after the repeal of the Eighteenth Amendment, for a violation of the National Prohibition Act (27 USCA) alleged to have been committed in North Carolina, would involve an attempt to continue the application of the statutory provisions after they had been deprived of force.
'To sustain the Commission's application of this statutory term, we need not find that its construction is the only reasonable one or even that it is the result we would have reached had the question arisen in the first instance in judicial proceedings.' Unemployment Comm's of Territory of Alaska v. Aragon, 329 U.S. 143, 153, 67 S.Ct.
It has been suggested that a question of fact involves a matter concerning primary facts such as a new witness or what people saw or heard, while a question of law involves an application of a statutory word or phase to such facts.
However, they need to be amended in such a way that, firstly, application of the statutory and administrative provisions ensure the free movement of homeopathic medicinal products and, secondly, that when the additional rules are drawn up they take account of the peculiar nature of homeopathic medicinal products.
In fact, in those cases the Court did defer to agency regulations because they were promulgated pursuant to statutory authority, constituted reasonable interpretations and practical applications of the statutory language, and reflected a consistent agency position of long standing.
As we have said in all our submissions to the court, we believe that based on the evidence to be presented and the application of the eight statutory factors, BP should be subject to a Clean Water Act penalty at the lower end of the statutory range".
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