In Canadian law , patentlyunreasonable or the patent unreasonableness test was a standard of review used by a court when performing judicial review of Canadian administrative law administrative decisions. It was the highest of three standards of review correctness, unreasonableness, and patent unreasonableness. Although the term patent unreasonableness lacked a precise definition in the common law, it was somewhere above unreasonableness, and consequently it was relatively difficult to show that a decision is patentlyunreasonable. A simple example of a patentlyunreasonable decision may be one that does not accord at all with the facts or law before it, or one that completely misstates a legal test. By a decision issued on March 7, 2008, this test was removed from the law by the Supreme Court of Canada in David Dunsmuir v. Her Majesty the Queen in Right of the Province of New Brunswick as represented by Board of Management . ref http scc.lexum.umontreal.ca en 2008 2008scc9 2008scc9.html Supreme Court of Canada Decisions Dunsmuir v. New Brunswick Bot generated title ref In Toronto City Board of Education v. O.S.S.T.F., District 15 , 1997 1 S.C.R. 487, ref http scc.lexum.umontreal.ca en 1997 1997rcs1 487 1997rcs1 487.html ref at paras. 41 48, the majority of the Supreme Court of Canada noted that the test for whether a decision under review is patentlyunreasonable is articulated differently for findings of fact and findings of law. For interpreting a legislative provision, the test was whether the decision under review cannot be rationally supported by the relevant legislation and demands intervention by the court upon review . In the context of a decision interpreting a collective labour agreement, the patentlyunreasonable test was held to mean that the court will not intervene ... in administrative law in Singapore Singapore administrative law References reflist DEFAULTSORT PatentlyUnreasonable Category Canadian administrative law Category Legal tests canada law stub ... more details
Patently offensive is a term used in United States law regarding obscenity and the First Amendment to the United States Constitution First Amendment . The phrase patently offensive first appeared in Roth v. United States , referring to any obscene acts or materials that are considered to be openly, plainly, or clearly visible as offensive to the viewing public. The Roth standard outlined what is to be considered obscene and thus not under First Amendment protection. The Roth standard was largely replaced by the Miller test Miller test established by Miller v. California 1973 . Roth standard According to the Roth Standard a work is obscene if The dominant theme of the material taken as a whole appeals to a prurient interest in sex, The material is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, The material is utterly without redeeming social value Miller test main Miller test The Miller test was developed in the 1973 case Miller v. California . ref http caselaw.lp.findlaw.com scripts printer friendly.pl?page us 413 15.html Text of the decision and dissents , from findlaw.com ref It has three parts Whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the wiktionary prurient prurient interest, Whether the work depicts describes, in a wiktionary patentlypatently offensive way, sexual conduct or excretory functions ref The syllabus of the case mentions only sexual conduct, but excretory functions are explicitly mentioned on page 25 of the majority opinion. ref specifically defined by applicable state law, Whether the work, taken as a whole, lacks serious Literature literary , art istic, Politics political or Science scientific value. This is also known as the S LAPS test Serious Literary, Artistic, Political, Scientific ... for the majority, included the following definitions of what may be patently offensive Representations ... more details
Infobox film name An Unreasonable Man image Unreasonable man.jpg image size 200px caption Promotional movie poster for the film director Henriette Mantel br Steve Skrovan producer Kevin O Donnell writer narrator starring Ralph Nader br Pat Buchanan br Phil Donahue br William Greider br Eric Alterman br James Ridgeway music cinematography Mark Raker editing Beth Gallagher br Alexis Provost distributor IFC Films released start date 2006 1 24 small 2006 Sundance Film Festival Sundance br dts 2007 1 31 runtime 122 minutes country United States language English budget An Unreasonable Man is a 2006 documentary film that traces the life and career of political activist Ralph Nader , the founder of modern consumer protection in America and frequent presidential candidate. The film was created to defend Nader and restore his reputation after his controversial role in the United States presidential election, 2000 2000 U.S. presidential election The first half of the film examines Nader s advocacy for auto safety features, such as federally mandated seat belts and air bags , as well as his rise to national prominence following an invasion of privacy lawsuit against General Motors . It also examines ..., The reasonable man adapts himself to the world the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man. Response The documentary ... page on An Unreasonable Man http www.rottentomatoes.com m unreasonable man ref ref Metacritic page on An Unreasonable Man http www.metacritic.com film titles unreasonableman?q an 20unreasonable 20man ... Festival 2007 Sundance Film Festival Notes reflist External links http anunreasonableman.com An Unreasonable Man Official Movie Website http www.pbs.org independentlens unreasonableman AN UNREASONABLE ... An Unreasonable Man rotten tomatoes id unreasonable man title An Unreasonable Man http www.youtube.com watch?v 9ycR36N68R8 An Unreasonable Man Trailer YouTube Ralph Nader DEFAULTSORT Unreasonable ... more details
The unreasonable ineffectiveness of mathematics is a catchphrase, alluding to the well known article by physicist Eugene Wigner , The Unreasonable Effectiveness of Mathematics in the Natural Sciences . This catchphrase is meant to suggest that mathematical analysis has not proved as valuable in other fields as it has in physics . For example, I. M. Gelfand , a famous mathematician who worked in biomathematics and molecular biology , as well as many other fields in applied mathematics, is quoted as stating, Eugene Wigner wrote a famous essay on the unreasonable effectiveness of mathematics in natural sciences. He meant physics, of course. There is only one thing which is more unreasonable than the unreasonable effectiveness of mathematics in physics, and this is the unreasonable ineffectiveness of mathematics in biology. ref cite book author Alexandre Borovik Borovik, Alexandre title Mathematics Under the Microscope date November 2006 url http eprints.ma.man.ac.uk 844 ref Vela Velupillai K. Vela Velupillai wrote of the ineffectiveness of certain types of mathematics in economics . ref cite journal author Velupillai, Vela title The unreasonable ineffectiveness of mathematics in economics journal Cambridge Journal of Economics volume 29 issue 6 pages 849 872 date November 2005 url http papers.ssrn.com sol3 papers.cfm?abstract id 904709 doi 10.1093 cje bei084 ref ref cite web author Velupillai, K. Vela title The Unreasonable Ineffectiveness of Mathematics in Economics date 2004 work Technical Report 6, Economia publisher University of Trento url http eprints.biblio.unitn.it archive 00000685 ref Roberto Poli of McGill University delivered a number of lectures entitled The unreasonable ... to gain better understanding of the unreasonable effectiveness of mathematics in study of the physical world only when we have understood the equally unreasonable ineffectiveness ... seminar poli.txt ref Jeremy Gunawardena has investigated the unreasonable ineffectiveness of mathematics ... more details
unreferenced date July 2009 Expert subject Law date February 2009 Merge to Standard of review date April 2011 Arbitrary, capricious and unreasonable is a legal concept in United States American jurisprudence . In the State of New York it is one of the legal grounds under which a government official s official action may be challenged in the state court of law under Article 78 of the Civil Practice Law and Rules , New York State s statutory procedure for such action. It is a concept in this state s administrative law . The formal procedure by which such an action is litigate d is known in New York as an Article 78 proceeding . See also Administrative law Certiorari References reflist Law Category United States administrative law US law stub ... more details
italic title The Unreasonable Effectiveness of Mathematics in the Natural Sciences is the title of an article published in 1960 by the physicist Eugene Wigner . ref cite doi 10.1002 cpa.3160130102 ref In the paper, Wigner observed that the Mathematics mathematical structure of a Theoretical physics physics theory often points the way to further advances in that theory and even to empirical predictions, and argued that this is not just a coincidence and therefore must reflect some larger and deeper truth about both mathematics and physics . The miracle of mathematics in the natural sciences Wigner begins his paper with the belief, common to all those familiar with mathematics, that mathematical concepts have applicability far beyond the context in which they were originally developed. Based on his experience, he says it is important to point out that the mathematical formulation of the physicist s often crude experience leads in an uncanny number of cases to an amazingly accurate description of a large class of phenomena. He then invokes the fundamental gravity law of gravitation as an example ... and a founder of computer science , reflected on and extended Wigner s Unreasonable Effectiveness in 1980 ... which is more unreasonable than the unreasonable effectiveness of mathematics in physics, and this is the unreasonable ... web 20061212033457 http www.maths.manchester.ac.uk avb micromathematics 2006 11 unreasonable ineffectiveness ... elegant theories, and instead embrace complexity and make use of the best ally we have the unreasonable ... Steiner Philosophy of science Quasi empiricism in mathematics Unreasonable ineffectiveness of mathematics ... Sarukkai title Revisiting the unreasonable effectiveness of mathematics journal Current Science volume ... Alex Kasman title Unreasonable Effectiveness journal Math Horizons magazine pages 29 31 year 2003 ... fiction . http plato.stanford.edu entries mathphil indis DEFAULTSORT Unreasonable Effectiveness ... it The Unreasonable Effectiveness of Mathematics in the Natural Sciences ... more details
of Arbitration made a patentlyunreasonable decision in ordering that Mr. Bhadauria be conditionally ... was patentlyunreasonable. See also List of Supreme Court of Canada cases References reflist ... more details
was patentlyunreasonable. Binnie J., writing for a majority of the Court, invoked the rule of law ... patentlyunreasonable because he acted beyond the object of the Act in excluding consideration of labour .... However, Bastarache J. would have held that the Minister s actions were not patentlyunreasonable ... more details
this were proportionate to the limitation of the right. See also Compare patentlyunreasonable ... factors that ought to have been taken into account, or the decision was so unreasonable that no reasonable ... used in relation to exercise of statutory discretions often use the word unreasonable in a rather comprehensive ..., 91 gave the example of the red haired teacher, dismissed because she had red hair. That is unreasonable in one sense. In another sense it is taking into consideration extraneous matters. It is so unreasonable ..., of being so unreasonable that no reasonable authority could have decided that way. This case or the principle ... and unreasonable arbitrary and capricious standard applied to most regulatory decisions undertaken ... more details
Legal tests are various kinds of commonly applied methods of evaluation used to resolve matters of jurisprudence . ref name Cane000 cite book title Responsibility in Law and Morality first Peter last Cane publisher Hart Publishing year 2002 isbn 1841133213 ref In the context of a trial , a Hearing law hearing , Discovery law discovery , or other kinds of legal proceedings , the resolution of certain Question of fact questions of fact or question of law law may hinge on the application of one or more legal tests. Legal tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result. this needs to be clarified International law Berne three step test Habitual residence Habitual residence test Caroline test Caroline test Common law Proximate cause But for test Canada Oakes test Patently unreasonable Patent unreasonableness test United Kingdom Bolam Test Bolam test Hicklin test Wednesbury unreasonableness Wednesbury unreasonableness test United States Consumer expectations test Lemon test Miller test Risk utility test SLAPS test an element of the Miller test Reasonable expectation of privacy Clear and present danger Bad tendency legal Bad tendency California Legal Test for Fixtures Notes and references reflist DEFAULTSORT Legal Tests Category Law Category Legal tests ... more details
patentlyunreasonable that its construction cannot be rationally supported by the relevant legislation. ref 1979 2 SCR 227 at 237 ref The Court held that the decision of the Labour Board was not patentlyunreasonable and reinstated the Board s decision. The court found that the section was very badly ... to apply in practice and was unsatisfactory because it allowed certain unreasonable but not patentlyunreasonable decisions to stand based primarily on the perceived expertise of administrative ... more details
Police Commissioners , 2000 1 SCR 360 ref . Patent Unreasonableness see Patentlyunreasonable Patent ... that a decision had to be so egregious that it was patentlyunreasonable. This standard was found to be dissatisfactory as it allowed certain decisions which were unreasonable but not patentlyunreasonable ... of law, a mix of fact and law or a discretionary decision it is said that the decision is unreasonable ... ref In other words, it is unreasonable where there is no line of analysis within the given reasons ... more details
SCCInfoBox case name Law Society of New Brunswick v. Ryan full case name Law Society of New Brunswick v. Ryan heard date October 1, 2002 decided date April 3, 2003 citations 2003 SCC 20 docket 28639 history ruling Appeal allowed, order restored ratio SCC 2002 2003 Unanimous Iacobucci J. NotParticipating LawsApplied Law Society of New Brunswick v. Ryan , 2003 SCC 20 is a leading decision of the Supreme Court of Canada on judicial review for professional disciplinary bodies in Canadian administrative law . The Court determined that decisions of professional disciplinary committees are reviewed on a standard of reasonableness simpliciter . Background Michael Ryan was found lying to clients about the progress of their cases. Ryan was put to the Discipline Committee of the Law Society of New Brunswick. In his defence he argued that he was suffering from psychological and health problems which drove him to his actions. The committee disbarred him. Ryan appealed to the New Brunswick Court of Appeal which ordered a new hearing with medical evidence. In the second hearing, Ryan was disbarred again. He appealed again to the Court of Appeal who set aside the committee s decision. The Supreme Court of Canada was asked to consider the standard of review that should be applied by the courts to disciplinary bodies and consider whether Ryan s disbarment should be set aside. Decision Iacobucci, writing for the Court, allowed the appeal and restored the order for disbarment. The Court held that the proper standard of review is reasonableness simpliciter. On application of the standard, the order of disbarment was found to be reasonable. On the issue of standard of review, Ryan had argued for a lower standard of review that was closer to correctness. The New Brunswick Court of Appeal had agreed with this contention and ruled that on the spectrum this standard of reasonableness is closer to correctness than patently unreasonable. ref para. 19 ref The court rejected this view and emphas ... more details
Born in 1969, Mohammad Ashraf Siddiqui is a former member of Pakistan s Mohajir Quomi Movement . He was subsequently denied refugee status in Canada on the basis of his membership in the group which immigration officials classified as terrorist , prompting cries of disparity since other members of the group had been allowed in with findings that the group had no association to terrorism. ref name hump Life Following the 1990 split of the political group into separate MQM A and MQM H factions, Siddiqui sided with the MQM A subgroup. Three years later, during the Pakistan general election, he was kidnapped by the rival faction and held for five days as a prisoner. ref name hump Humphreys, Adrian. National Post , http www.nationalpost.com news story.html?id a64f73d2 f672 4bd0 abb3 2584029db496 One official s refugee is another s terrorist , January 17, 2007 ref When the MQM H faction began extorting 3000R monthly from Siddiqui, and later sought to increase the amount, he fled to Canada in 1994. Five years later, after marrying a Canadian woman, he was initially granted refugee status. However, when he applied for an exemption to immigrant visas, the Immigration and Refugee Board took note of his past membership in MQM and suggested it had terrorist connections. ref name hump Legal battle In January 2007, Federal Court of Canada Federal Court judge Michael L. Phelan ruled that it was patently unreasonable for the IRB to have suggested that the MQM was a terrorist organisation in Siddiqui s case, when they had offered the opposite opinion in the earlier case. ref Docket IMM 2736 06, http nefafoundation.org miscellaneous FeaturedDocs Siddiqui v Canada MinCitImm.pdf Reasons for Judgment and Judgment , January 3, 2007 ref References reflist CanadianTerrorism state collapsed Persondata Metadata see Wikipedia Persondata . NAME Siddiqui, Mohammad Ashraf ALTERNATIVE NAMES SHORT DESCRIPTION DATE OF BIRTH 1969 PLACE OF BIRTH DATE OF DEATH PLACE OF DEATH DEFAULTSOR ... more details
Infobox Court Case name Re Halt Garage 1964 Ltd court High Court image caption date decided full name citations 1982 3 All ER 1016 judges prior actions subsequent actions opinions Oliver J transcripts keywords Reduction of capital, executive pay Re Halt Garage 1964 Ltd 1982 3 All ER 1016 is a UK company law case concerning reduction of capital and executive pay . It held that money can be ordered to be returned if a sum paid to a director is in substance a reduction of capital, because the amounts cannot seriously be regarded as remuneration. The proper procedure for reduction of capital is now found in CA 2006 sections 641 653. Facts Mr and Mrs Charlesworth started Halt Garage 1964 Ltd. After Mrs Charlesworth became ill, the business declined, from 106,000 turnover in 1967 to voluntary liquidation in 1971. From 1968 1971 Mr Charlesworth worked full time and got 3500 as a director, while Mrs Charlesworth did not work due to her illness but was still paid 500 to 1500. The liquidator claimed this represented an illegal reduction of capital. Judgment Oliver J said that creditors are entitled to assume that what is paid as remuneration is so in substance, and not a disguised distribution to shareholders. Here it was a genuine payment of remuneration to Mr Charlesworth. For Mrs Charlesworth, the facts were more problematic. There was nothing as a matter of construction to prevent someone being paid during absences for illness, but although it was irrelevant that she was paid when the company was unprofitable, it appeared that some of the sums could not really be considered remuneration and she would have to restore the excessive sums. Those were not a genuine award of remuneration but rather a disguised gift out of capital . Cquote I do not think that, in the absence of evidence that the payments made were patently excessive or unreasonable, the court can or should engage on a minute examination of whether it would have been more appropriate or beneficial to the company ... more details
of an inferior tribunal through the prerogative writ s or through other concepts such as the patentlyunreasonable standard as applied in Canada Canadian administrative review . In the United ... more details
Image Rent Strike, New York Times, 1919.JPG thumb Rent Strike, New York Times, 1919. A rent strike is a method of protest commonly employed against large landlord s. In a rent strike, a group of leasehold estate tenant s come together and agree to refuse to pay their Renting rent en masse until a specific list of demands is met by the landlord. This can be a useful tactic of final resort for use against intransigent landlords, but carries the obvious risk of eviction in some cases. Historically, rent strikes have often been used in response to problems such as high rents, poor conditions in the property, or unreasonable tenancy demands however, there have been situations where wider issues have led to such action. Another type of collective action concerning rental property is a landlords strike, which is undertaken by a group of landlords. Such an action would be most likely to be undertaken when government tenancy policies or enforcement thereof are perceived to be patently unfair to the landlords. The most common means of action in this case would entail the landlords collectively refusing to rent out any vacant and soon to be vacated properties, in hopes of provoking a massive economic shortage housing shortage that would quickly compel the government to change the relevant policies. Examples of Rent Strikes Red Clydeside Rent strikes Glasgow During the Ireland Irish Land War of the 1880s and during World War I when the landlords of tenement buildings in Glasgow sought to take advantage of the influx of shipbuilders coming into the city and the absence of many local men to raise rents on the tenements remaining residents. These women left behind were seen as an easy target and were faced with a rent increase of up to 25 and would be forcibly evicted by bailiffs if they failed to pay. As a result of this rent increase, there was a popular backlash against the landlords and a rent strike was initiated. This was led by Mary Barbour , who with her army would forcibl ... more details
Open field may refer to Open field system , a system of agriculture prevalent throughout Europe from the Middle Ages to the 20th Century Open fields doctrine , a U.S. legal doctrine used for evaluating claims of an unreasonable search Open Field , album by Taken By Trees Open Field animal test , a measure of general locomotor activity in rodents disambig ... more details
Image Coat of arms of Qu bec.svg right thumb 200px The Court of Appeal of Quebec uses the Royal Arms of the Queen in right of Quebec, commonly called the Quebec Coat of Arms, to represent the Queen as the font of justice being administered by the court. The Court of Appeal for Quebec frequently referred to as Quebec Court of Appeal or QCA is the highest judicial court in Quebec , Canada . Image Edifice Ernest Cormier.jpg thumb left difice Ernest Cormier , the Quebec Court of Appeal building on Notre Dame Street in Old Montreal . The Court of Appeal of Quebec in French la Cour d appel du Qu bec It hears cases in Quebec City and Montreal, Quebec Montreal . The quorum of the Court of Appeal of Quebec is three judges. As a Superior Court under section 96 of the Constitution Act, 1867 , Court of Appeal judges are appointed by the Governor General of Canada in practical terms, the Prime Minister of Canada . Appointees must be members of the Barreau du Quebec Quebec Bar , but need not have had previous experience as a judge. However, appointees almost always have some experience as a judge, usually on the Superior Court of Quebec . Under the Code of Civil Procedure of Quebec and the Criminal Code of Canada , someone wishing to appeal a decision of the Superior Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Civil cases usually must have at least 50,000 in dispute to be heard. The Court of Appeal will overrule a lower court decision if it is incorrect on a question of law or patently unreasonable on an important factual finding. The Court of Appeal almost never hears witnesses, and lawyers oral and written submissions are kept to strict maximum lengths. A normal case will take several months from filing of an appeal to a decision by the Court of Appeal, but the Court may hear a case within hours or days in an emergency. Appeal s of Court of Appeal decisions are heard before the Supreme Court of Canada , which is located in the federalism f ... more details
the deportation order against Mahjoub was patentlyunreasonable since he would face torture or death ... arrest were unreasonable stating their tracking bracelets, wiretapped phones and curfews were ... at every opportunity and their mail seized were unreasonable. Judge Anne MacTavish ruled against ... more details
Death march may refer to Death march , forced march of prisoners Death marches Holocaust , death marches of concentration camp prisoners in 1944 and 1945 Death march project management , a project that involves grueling overwork and often patently unrealistic expectations, and thus in many cases is destined to fail Dodentocht , 100 km walking tour in Belgium Popular name of the funeral march movement of Piano Sonata No. 2 Chopin a story arc of the American football manga and anime series Eyeshield 21 , taking place between the Nasa Aliens game and the Fall Tournament See also Dead March , part of oratorio by Saul Handel Funeral march disambig nl Dodenmars ... more details
He runs the Patently O Patent Blog , ref Patently O is short for patently ... obvious . in IPKat ... for the Federal Circuit Federal Circuit law and other subjects. According to BusinessWeek , the Patently ... wiki Cite Cite.php Reflist 2 External links http www.patentlyo.com Patently O Patent Law ... more details
Fourth Amendment may refer to the Fourth Amendment to the United States Constitution part of the Bill of Rights, prohibiting unreasonable searches and seizures. Fourth Amendment of the Constitution of Ireland lowered the voting age from twenty one to eighteen. Fourth Amendment of the Constitution Bill, 1968 a failed attempt to amend the Irish constitution. Australian referendum, 1946 Social Services Constitution Alteration Social Services Act, 1946 the fourth amendment to the Constitution of Australia. disambig ... more details
Cosmic Kaleidoscope ISBN 0 330 25294 1 is a collection of science fiction short story short stories by Bob Shaw , published in 1976. It includes Skirmish on a Summer Morning Unreasonable Facsimile A Full Member of the Club The Silent Partners The Giaconda Caper An Uncomic Book Horror Story The Brink Waltz of the Bodysnatchers A Little Night Flying Category 1976 short story collections Category Short story collections by Bob Shaw sf story collection stub ... more details
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