Under 36 CFR 60.4 a district, site, building, structure or object qualifies for the National Register if it possesses integrity and meets one of four criteria: association with significant events, association with significant persons, distinctive design or construction, or the capacity to yield important information. Nominations travel through the State Historic Preservation Officer and a state review board to the Keeper, and 36 CFR 60.6 gives a private owner an objection that blocks listing.
Local historic designation is created by municipal ordinance under state enabling authority or home rule power. Designation of a landmark or a district is normally a legislative act preceded by a study, notice and a public hearing. Once designated, exterior alteration, new construction, relocation and demolition require a certificate of appropriateness from a preservation commission applying adopted design standards, with hardship relief and a route of appeal.
A pending or approved immigrant petition confers no right to be present in the United States. An investor waiting for a visa number must hold an independent nonimmigrant status or wait abroad. Some categories tolerate an intention to remain permanently and some do not. Unauthorized employment or a lapse in status can bar adjustment of status outright, because the statutory forgiveness for short violations names the first through third employment preferences and not the fifth.
A drug is adulterated under 21 U.S.C. 351 where the methods, facilities or controls used in its manufacture, processing, packing or holding do not conform to current good manufacturing practice. Devices are subject to the quality system requirements of 21 CFR Part 820, covering management responsibility, design controls, corrective action, complaint handling and records. Section 374 authorizes inspection of establishments.
Section 3729(b)(4) defines material as having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. The Supreme Court in Escobar described the standard as rigorous and demanding and rejected any test that turns on labels alone. Where the government continues to pay claims with actual knowledge of the violation, that is strong evidence the requirement is not material. Minor or insubstantial noncompliance does not satisfy the element.
Where one parent asks to take a child abroad, courts commonly condition permission on protective devices: an order in the destination country mirroring the home order, undertakings given to the home court, a bond or other security, and passport conditions. Undertakings depend on the goodwill of a court that may never see them. A mirror order exists as an enforceable order in the place it will need to work, which is why courts prefer it.
Appellate courts review questions of law without deference, findings of fact for clear error under Federal Rule of Civil Procedure 52(a)(6), and discretionary rulings for abuse of discretion. A mixed question applies a legal standard to established facts, and courts allocate it by asking whether resolving it requires expounding the law or immersion in the particular record. The more legal the inquiry, the closer review comes to de novo.
A licensed practitioner may prescribe an approved product outside its labeling. A manufacturer that promotes an unapproved use faces misbranding and unapproved product theories, because under 21 CFR 201.128 intended use may be shown by labeling, advertising and representatives' statements. Narrow pathways permit responses to unsolicited requests, qualifying reprints, communications consistent with labeling, and economic information to payors.
State retail licenses divide into on-premise licenses, which authorize sale for consumption where the beverage is served, and off-premise licenses, which authorize sale in sealed containers for consumption elsewhere. On-premise conditions typically concern food service, hours, server training and entertainment. Off-premise conditions concern package integrity, product categories and outlet type. Federal law leaves retail licensing to the states, and 27 U.S.C. 122 supports that control.
Federal Rule of Appellate Procedure 34 provides that oral argument must be allowed in every case unless a panel of three judges unanimously agrees that argument is unnecessary because the appeal is frivolous, the dispositive issue has been authoritatively decided, or the facts and legal arguments are adequately presented in the briefs and the record and the decisional process would not be significantly aided by argument. The court advises the parties of the date and the time allowed.
A treaty trader or investor is admitted for a fixed period, and extensions may be granted in further increments without any statutory ceiling on their number. The visa in the passport governs travel, not the length of stay, and its validity is set by a reciprocity schedule. A departure and readmission produces a fresh admission period. A narrow rule allows return on an expired visa after a short trip to a neighboring country, subject to conditions that are easily forfeited.
A court may exercise general jurisdiction over a defendant only where it is essentially at home in the forum, which for a corporation ordinarily means its place of incorporation and principal place of business. Specific jurisdiction requires purposeful availment of the forum, a claim arising out of or relating to those contacts, and an exercise of jurisdiction consistent with fair play and substantial justice. A federal long-arm rule fills a narrow gap.
