Allan Hancock College, TASLB 1998349

Excerpt: ... [Act 1998 N o 27] New South Wales Traffic Amendment (Variable Speed Limits) Bill 1998 Explanatory note This explanatory note relates to this Bill as introduced into Parliament. Overview of Bill The objects of this Bill are: (a) to enable variable speed limit signs, activated by a computer-based intelligent control system, to determine the speed limits that are to apply at different times on certain major roads, such as motorways and freeways, in order to promote road safety and facilitate traffic flow, and (b) to enable prima facie evidence to be given by certificate as to the location of variable speed limit signs, the speed limits displayed by them and the times at which those speed limits were displayed, and (c) to enable speed cameras to be inspected every 84 hours rather than every day. Traffic Amendment (Variable Speed Limits) Bill 1998 [Act 1998 No 27] Explanatory note Outline of provisions Clause 1 sets out the name (also called the short title) of the proposed Act. Clause 2 provides for the com ...

UCSC, CMPE 080

Excerpt: ... Academic Integrity Contract: Class CMPE-080N The goal of this contract is to have students make a binding, good faith promise that they will abide by the University Academic Integrity rules and regulations. Another goal is to communicate to the stude ...

UCSD, ECE 20

Excerpt: ... ools necessary for engineering practice, including familiarity with computer programming and information technology: Emphasis: 1 Assessment: 0 This class introduces basic electronic instrumentation, including the oscilloscope (as described in the lab description); computer tools are only used for communication. An understanding of professional and ethical responsibility: Emphasis: 2 Assessment: 1 From the very first class the course stresses the value of becoming a proud, competent professional engineer. We specifically discuss the IEEE code of ethics. We emphasize that ethics requires competence and goes far beyond not cheating on exams (which is prima facie evidence for the absence of competence). As an example we consider the success of every robot circuit as a professional responsibility, including what does failure mean in this circuit, and what are the most crucial things to make the circuit perform as designed. We also immerse students in the culture of our JSOE student organizations and encourage inte ...

Washington, P 501

Excerpt: ... uld impose a significant non-reputationrelated competitive disadvantage. Auto-motive Gold, Inc. v. Volkswagen of America, Inc. 457 F.3d 1066, 1072 (9th Cir. 2006) IP Core P501 / Trademark Lecture 7 Abandonment: 45 A mark shall be deemed to be "abandoned" when either . . . (1) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for 3 consecutive years shall be prima facie evidence of abandonment. "Use" of a mark means the bona fide use of that mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. (2) When any course of conduct of the owner, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph. IP Core P501 / Trademark Lecture 7 Professor Da ...

Washington, POLS 361

Excerpt: ... r violent crimes. Rehnquist: Hates the law but has no choice. Community moral judgments about motives as basis for severity of punishment very firmly rooted in American law. No plausible chilling effect here. Notes on U.S. Criminal Justice System. 1. Courts make judgments about motive in every single criminal case. 2. Those judgments very often based on what people say. Note- This is a good example of getting around a Supreme Court ruling indirectly and without constitutional amendment. Virginia v Black (2003) Two cases testing Virginia cross burning law. 2 Threats and intimidation are not protected as speech. Speaker directs threat to person or group with intent of placing victim in fear of bodily harm or death. A new side issue in Black: " prima facie evidence ". Jury instructions in law say that a finding that the defendant burned a cross establishes intimidation unless the defendant shows otherwise. O'Connor for the Court: law is unconstitutional with these jury instructions. But a state could pass a con ...

UConn, BLAW 3175

Excerpt: ... good for the greatest number Requires: Determination of which individuals will be affected A cost-benefit analysis Choice among alternative actions that will produce maximum societal utility a. b. c. V. Professional Responsibility Professional standards set by codes of professional ethics, state statutes, and judicial decisions V. A. Professional Responsibility Accountants Duty of Care 1. Standard of Care 2. Violations of GAAP and GAAS GAAP (Federal Accounting Standards Board) GAAS (American Institute of Certified Public Accountants) Prima facie evidence of negligence Statutory and judicial standards V. Professional Responsibility ABA Code of Professional Responsibility and Model Rules of Professional Conduct 2. Standard of Care A.Attorneys Duty of Care Reasonably competent general practitioner of ordinary skill, experience and capacity Breach of duty of care 3. Liability for Malpractice B.Statutory Duties of Accountants 1. Duty of Accountants under Secur ...

University of South Dakota, EDAD 885

Excerpt: ... infringement suit may be filed in court, registration is necessary for works of U. S. origin. If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate. If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner. ...

Allan Hancock College, RTAVUCB 2007558

Excerpt: ... he date on which the Authority cancels the registration of the vehicle. Page 10 [Page Break] Bill 2007 Amendment of other Act and instruments Schedule 2 2.3 Road Transport (Mass, Loading and Access) Regulation 2005 Clause 72ZG Insert after clause 72ZF: 72ZG Rebuttal of matters of specialised knowledge (1) This clause applies to the determination of whether evidence is sufficient to rebut prima facie evidence or a presumption, or to raise doubt about a matter, as referred to in clause 72ZC (1) (g) and (2), 72ZE or 72ZF. (2) An assertion that contradicts or challenges: (a) the accuracy or reliability, or the correct or proper operation, of an intelligent access system, or (b) intelligent access information generated by an intelligent access system, ...

UConn, MATH 102

Excerpt: ... he Rose, the answer is always even, and there is a correct answer for each throw of the dice. The player is told nothing else. If someone gets the right answer ve times in arow, its considered prima facie evidence they understand the game and they are sworn to secrecy. Its a dicult game. Some catch on after only a few throws of the dice, others need weeks, and a few never get it. Frustrated players falling into the last category have resorted to running computer simulations. Gates was one who never gured the game out. He did get the right answer ve times in a row, but not because he understood what he was doing. He actually didnt have a clue. But with his photographic memory, Gates was able to remember each correct answer from a previous roll by another player. With ve dice, it was quite a feat of memorization. Nelson Winkless realized that Gates was faking it when he picked up a piece of paper Gates inadvertently dropped in the aisle of the plane near his seat. On it Gates had written ...

Midwestern State University, VANCOUVER 306

Excerpt: ... ey Points (cont.) A procedure for litigating Title VII cases was established Plaintiff has to show prima facie evidence of Title VII violation e.g. Adverse Impact / "wrong numbers" Then, burden of proof shifts to employer to show job relatedness of selection device made EEOC guidelines the rule of law in establishing what constitutes good evidence for job relatedness Wards Cove Packing v. Atonio (1989) Reversed much hard-won ground by plaintiffs "wrong numbers" is not enough to show disparate impact had to outline specific employment practices plaintiff also had to show there are other more fair selection procedures available employer required only to prove "business justification" (not "necessity") Key Points Very business-friendly ruling shifts burden on plaintiffs and off businesses made it difficult to prove disparate impact 1991 Civil Rights Act Reverses Wards Cove and returns to Griggs interpretations Allows plaintiff to have jury trial and claim punitive damages Employers may have to pay f ...

Allan Hancock College, FLAFOB 2006509

Excerpt: ... years imprisonment, or both. Section 101AA(2) replicates the existing s101A(4) defences to an offence, in this case to the new offence in s 101AA(1) in effect that the presence or use of the boat in the place in question has been authorised, or that its fishing equipment has been stored and secured and its presence in the waters in question has been approved by the Australian Fisheries Management Authority (`AFMA'), or that it is in the course of innocent passage through the AFZ with its fishing equipment stored and secured. The note to s 101AA(2) is identical to the note to s 100B(4), as explained at Item 1 above. Section 101AA(3) provides an exclusion from the operation of s 101AA (in relation to coastal waters) similar to that provided in s 100B(2) and explained at Item 1 above. Item 3 Inserts a new paragraph, s 166(2)(ba), into s 166 which relates to evidence. Sections 166(2) and 166(7) enable AFMA to give a certificate as prima facie evidence , in relation to the matters in the certificate, in proc ...