overt action definition

4645 results for overt action definition

  • vLex Rating
  • 550 U.S. 124 (2007), 05-380, Gonzales v. Carhart

    .... ., for the purpose of performing an overt act that the person knows will kill the partially ... that extinguish life and are close to actions that are condemned. Glucksberg, supra, at ...          Second, the Act's definition of partial-birth abortion requires the fetus to ...

  • 539 U.S. 558 (2003), 02-102, Lawrence v. Texas

    ... Rights, and that other nations have taken action consistent with an affirmation of the protected ... the sort that could counsel against overturning it once there are compelling reasons to do so.  ... event, an "emerging awareness" is by definition not "deeply rooted in this Nation's history and ...

  • 28 CFR 39.170 - Compliance procedures
  • 488 U.S. 469 (1989), 87-998, City of Richmond v. J. A. Croson Co.

    ... than investigating the need for remedial action in particular cases, would seem to be simply ... power to grant preferences based on overt and explicit classification by race. See ...'s ordinance for including within its definition of "minority group members" not only black ...

  • 229 U.S. 373 (1913), 197, Nash v. United States

    ... § 5440, and the indictment need not aver overt acts in furtherance of the conspiracy. Brown v. ...The demurrer was overruled and this action of the court raises the important questions of ... defined by the statute contains in its definition an element of degree as to which estimates may ...

  • 51 F.3d 1137 (3rd Cir. 1995), 94-1722, Mark v. Borough of Hatboro

    ... and therefore Mark had no federal cause of action; (2) the Due Process Clause of the Fourteenth ... extensive use of state procedures with the 'overt, significant assistance of state officials.' " ... to the particular local facts, by definition" none of these cases is controlling.       \xC2"...

  • 457 U.S. 922 (1982), 80-1730, Lugar v. Edmondson Oil Co., Inc.

    ... between the requirement of "state action" to establish a violation of the Fourteenth ... them on the ground that, in each, there was overt, official involvement in the property ... was meant neither to establish the definition of action under color of state law, nor to ...

  • 328 U.S. 640 (1946), 719, Pinkerton v. United States

    ...It is not material that overt acts charged in the conspiracy count are also ...112, 121-122. Another is where the definition of the substantive offense excludes from ... is here no evidence of the affirmative action on the part of Daniel which is necessary to ...

  • 478 U.S. 30 (1986), 83-1968, Thornburg v. Gingles

    ... campaigns have been characterized by overt or subtle racial appeals; . 7. the extent to ... that the court used an incorrect definition of racially polarized voting, and thus ... multi-member districts challenged in this action results in the black registered voters of that ...

  • 526 U.S. 629 (1999), 97-843, Davis v. Monroe County Bd. of Ed.

    ... no ground for a Title IX private cause of action for damages. The en banc Eleventh Circuit ... proscriptions also bears on the proper definition of "discrimination" in a private damages action. ...§ 1681(a). It is not necessary to show an overt, physical deprivation of access to school ...

  • 395 U.S. 444 (1969), 492, Brandenburg v. Ohio

    ...'s instructions refined the statute's definition of the crime in terms of mere advocacy not guished from incitement to imminent lawless action.         Held: Since the statute, by its ...Lowry, 301 U.S. 242, overturned a conviction for exercising First Amendment ...

  • 526 U.S. 813 (1999), 97-8629, Richardson v. United States

    ... about means, at least where that definition risks serious unfairness and lacks support in ...With respect to the requirement of action in concert with five or more other persons, every ... unfair nor irrational: It is a direct and overt prohibition upon drug lords whose very ...

  • 673 F.3d 274 (4th Cir. 2012), 10-5054, United States v. King

    ... a firearm does not satisfy the definition of a " crime of violence" under either of the two ... were intended to prohibit " not only the overt action of pointing or directing a firearm at ...

  • 436 U.S. 149 (1978), 77-25, Flagg Bros., Inc. v. Brooks

    ...She thereupon brought this class action under 42 U.S.C. § 1983, seeking damages and ...5 This total absence of overt official involvement plainly distinguishes this ... to fall within one or the other definitional camp. Even Moose Lodge No. 107 v. Irvis , 407 ...

  • 508 U.S. 520 (1993), 91-948, Church of Lukumi Babalu Aye, Inc. v. City of Hialeah

    ... ordinances' various prohibitions, definitions, and exemptions demonstrate that they were ... to ignore the fact that their official actions violated the Nation's essential commitment to ... hostility which is masked, as well as overt. The Court must survey meticulously the ...

  • 476 U.S. 267 (1986), 84-1340, Wygant v. Jackson Board of Education

    ...     (a) In the context of affirmative action, racial classifications must be justified by a ... also found that "[t]here is no history of overt past discrimination by the parties to this ...747 (1976). 13 The Board's definition of minority to include blacks, Orientals, ...

  • 505 U.S. 577 (1992), 90-1014, Lee v. Weisman

    ... need not revisit the questions of the definition and scope of the principles governing the extent ... The District Court held that petitioners' actions violated the second part of the test, and so did ... here, though, because it centers around an overt religious exercise in a secondary school ...

  • 420 U.S. 770 (1975), 73-64, Iannelli v. United States

    ...Concerted action both increases the likelihood that the criminal ..., it declined to adopt an expansive definition of its scope. In that case, Wharton's Rule was ...The overt act requirement in the conspiracy statute can be ...

  • 501 U.S. 1 (1991), 90-143, Connecticut v. Doehr

    ... Doehr's home in conjunction with a civil action for assault and battery that he was seeking to ... to "make use of state procedures with the overt, significant assistance of state officials," and ...By definition, attachment statutes premise a deprivation of ...

  • Time-bars: RICO-criminal and civil-federal and state.

    ... in separate legislation; it took similar action with the civil remedies for theft. The new ... us to recognize the more inclusive definition of the word 'conduct,' free of any restricting ... in two respects: it need not embrace an overt act, and it is broader and may encompass a ...

  • 519 U.S. 482 (1997), 95-1228, United States v. Wells

    ... the purpose of influencing in any way the action" of a federally insured bank "upon any ...; and the enumeration of a uniform definition of the types of transactions covered by the ...-law tradition of not requiring proof of an overt act to establish conspiracy. In this case, of ...

  • 530 U.S. 290 (2000), 99-62, Santa Fe Independent School Dist. v. Doe

    ... by the District guarantees, by definition, that minority candidates will never prevail and ...         Respondents commenced this action in April 1995 and moved for a temporary ... ceremonies, [ 2 ] and to deliver overtly Christian prayers over the public address system ...

  • 571 F.2d 880 (5th Cir. 1978), 76-3678, United States v. Elliott

    ...The indictment listed 25 overt acts, beginning with the burning of the Community ... read in the context of the statutory definitions of its key terms. "Enterprise", as used in the ..., an individual, by his words or actions, must have objectively manifested an agreement to ...

  • __ U.S. __ (2015), 13-7120, Johnson v. United States

    After Johnson pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g), the prosecution sought an enhanced sentence under the Armed Career Criminal Act, which imposes an increased prison term upon a defendant with three prior convictions for a “violent felony,” a term defined by section 924(e)(2)(B)’s residual clause to include any felony that “involves conduct that presents a

    ... of a short-barreled shotgun met this definition, making the third conviction of a violent felony. ... burglary offenses " requir[ing] an overt act directed toward the entry of a structure" are ... a safeguard against unlicensed executive action, forbidding only deprivations not authorized by ...