Federal Rule of Criminal Procedure 52(b) permits a court to consider a plain error that affects substantial rights even though it was not brought to the trial court's attention, and Federal Rule of Evidence 103(e) states the same power for evidentiary rulings. The standard has four parts: there must be an error, it must be plain, it must affect substantial rights, and the court must decide that the error seriously affects the fairness or integrity of judicial proceedings.
Premarket notification under 21 U.S.C. 360(k) asks whether a device is substantially equivalent to a legally marketed predicate, meaning the same intended use and either the same technological characteristics or different ones raising no different questions of safety and effectiveness. Premarket approval under 21 U.S.C. 360e asks whether valid scientific evidence provides reasonable assurance of safety and effectiveness.
A preservation easement is a recorded interest in real property conveyed to a government body or qualified charitable organization, restricting alteration and demolition and reserving to the holder rights to inspect, approve changes and enforce. Where a deduction is claimed, 26 U.S.C. 170(h) requires a qualified real property interest granted to a qualified organization exclusively for conservation purposes and protected in perpetuity.
Federal Rule of Evidence 103 conditions a claim of error on a timely objection stating the specific ground where evidence is admitted, or an offer of proof showing the substance where evidence is excluded. Federal Rule of Civil Procedure 51 requires an objection to jury instructions before the instructions and argument are delivered, stating the matter objected to and the grounds. Rule 46 makes formal exceptions unnecessary provided the party states the action sought and the grounds.
The priority date on an investor petition is the date the petition was properly filed. Immigrant visa numbers are capped annually, divided among preference categories, and further limited so that no single country of chargeability takes more than seven percent of the total. Within the fifth preference, reserved shares are set aside for particular project types. A visa may be issued only when the applicant's priority date is reached in the applicant's category and country.
Federal Rule of Evidence 501 provides that the common law, as interpreted by federal courts in the light of reason and experience, governs privilege, unless the Constitution, a federal statute or a Supreme Court rule provides otherwise. In a civil case where state law supplies the rule of decision, state law governs privilege on that element. Rule 502 then limits the consequences of disclosure, controlling subject matter waiver, inadvertent production and court orders.
Under 21 CFR Part 7 a recall is a firm's removal or correction of a marketed product that the agency considers in violation of the law. Recalls are classified by health hazard: class I for a reasonable probability of serious consequences or death, class II for temporary or reversible consequences, class III where harm is unlikely. A recall strategy sets depth, public warning and effectiveness checks.
The Uniform Foreign-Country Money Judgments Recognition Act, a uniform act adopted state by state, applies to a foreign-country judgment that grants or denies recovery of a sum of money and that is final, conclusive and enforceable under the law of the country that rendered it. Judgments for taxes, fines and penalties and most domestic relations judgments are excluded. A recognized judgment is conclusive to the same extent as a sister state's judgment.
Where a job-creating entity repays capital before the investor's requirements are complete, the new commercial enterprise may deploy the funds again to keep them at risk. The statute conditions this on the business plan having been executed in good faith without material change, on sufficient jobs having been created for all investors, on repayment consistent with the plan, and on the redeployed capital remaining at risk and not held in passive investments such as stocks or bonds.
A regional center is designated on an application showing a defined, contiguous and limited geographic area, reasonable predictions of pooled investment and job creation, monitoring and compliance policies, and bona fides filings for every person in a position of substantive authority. Significant changes to structure, ownership or administration require advance notice. An annual statement and an annual Integrity Fund fee follow, and non-payment of the fee for ninety days requires termination.
Under the enforcement article of the uniform custody jurisdiction act, adopted separately by each legislature, a custody determination from another state is registered by filing a letter, a certified copy of the order and a sworn statement that it has not been modified. Notice is served, and a contest must be requested within a short period fixed by the state's version. Only three grounds may be raised, and unchallenged registration is confirmed by operation of law.
Section 47 of the Internal Revenue Code allows a rehabilitation credit equal to twenty percent of qualified rehabilitation expenditures for a certified historic structure, taken ratably over five years beginning when the building is placed in service. The building must satisfy the substantial rehabilitation test, and the work must be certified under 36 CFR Part 67 as consistent with the Standards for Rehabilitation. Early disposition triggers recapture.
