Once the elements of a wrongful removal are established, Article 12 requires return unless the respondent proves an exception. Grave risk of physical or psychological harm under Article 13(b) and the fundamental principles exception under Article 20 must be shown by clear and convincing evidence. Consent, acquiescence, a mature child's objection and settlement after a year require only a preponderance. Even when an exception is proved, return remains discretionary.
Habitual residence is the connecting factor that makes the Abduction Convention operate, and it is fixed as of the moment immediately before the wrongful removal or retention. The Convention does not define it. Courts in the United States determine it from the totality of the circumstances, weighing the child's acclimatization where the child is old enough to form connections and the shared intentions of the parents where the child is not. The finding is factual.
Section 2111 of Title 28 directs the courts of appeals to give judgment without regard to errors or defects that do not affect the substantial rights of the parties, and Federal Rule of Civil Procedure 61 and Federal Rule of Criminal Procedure 52(a) state the same rule. In civil cases the appellant generally must show that the error probably affected the outcome. For preserved constitutional error in a criminal case, the government must show the error was harmless beyond a reasonable doubt.
Federal Rule of Evidence 803 lists hearsay exceptions that apply regardless of whether the declarant is available as a witness. They include the present sense impression, the excited utterance, a then-existing mental or physical condition, statements made for medical diagnosis or treatment, recorded recollection, records of a regularly conducted activity, the absence of such a record, public records, and several categories of reputation and judgment evidence. Each carries its own foundation.
Investor petitions and regional center filings are adjudicated by a dedicated program office, while interviews take place at local field offices. The statute requires the interview on a petition to remove conditions within ninety days of filing, at a local office convenient to the parties, allows the Secretary to waive it under published criteria, and forbids waiver where the investment was in a sanctioned entity.
Under 21 U.S.C. 355(i) and 21 CFR Part 312, a sponsor intending to administer an investigational drug to human subjects submits an application containing manufacturing, pharmacology, toxicology and prior human experience information plus protocols. Section 312.40 permits the study to begin thirty days after receipt unless a clinical hold is imposed. Section 312.42 states the grounds for a hold and how one is lifted.
Tax residence is determined by the Internal Revenue Code rather than by immigration status. A person who holds lawful permanent residence is a tax resident from the first day of that status, and a nonimmigrant who is present for enough days under a weighted three-year formula is a tax resident regardless of the visa held. Residence brings taxation on worldwide income and extensive foreign asset reporting, and long-term residents face a tax on giving the status up.
Federal Rule of Evidence 201 permits judicial notice of an adjudicative fact not subject to reasonable dispute because it is generally known in the trial court's territory or can be accurately and readily determined from unquestionable sources. In a civil case the jury must accept a noticed fact; in a criminal case it may but need not. Rule 301 provides that a presumption in a civil case shifts the burden of producing evidence to rebut it but does not shift the burden of persuasion.
Under 27 U.S.C. 205(e) and 27 CFR Parts 4, 5 and 7, a certificate of label approval authorizes the bottling of wine, distilled spirits or malt beverages, or their removal from customs custody, provided the container bears labels identical to those on the face of the certificate or labels with changes TTB has authorized. Part 13 supplies the procedure for applying, for denial and appeal, and for revocation. Mandatory statements differ by beverage category.
Labeling under 21 U.S.C. 321(m) includes all written, printed or graphic matter on an article, its containers or wrappers, or accompanying it. A product is misbranded under 21 U.S.C. 352 where its labeling is false or misleading in any particular. Prescription labeling follows 21 CFR 201.56 and 201.57, over-the-counter labeling follows 201.66, and changes are made through the supplement categories in 21 CFR 314.70.
Federal Rule of Evidence 701 permits a witness not testifying as an expert to give an opinion that is rationally based on the witness's own perception, helpful to clearly understanding the testimony or determining a fact in issue, and not based on scientific, technical or other specialized knowledge within the scope of Rule 702. Rule 602 separately requires personal knowledge, and the two provisions together mark the boundary against expert opinion in ordinary clothing.
A license case usually begins with an inspection, a compliance check or a complaint, and proceeds by citation to an administrative hearing before a board or hearing officer. The standard of proof is lower than in a criminal case and the rules of evidence are relaxed. Penalties are drawn from a schedule that escalates with repetition, and range from a fine in lieu of suspension to revocation. Judicial review is generally on the administrative record.
