what is the notwithstanding clause
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Translations for notwithstanding clause Wiktionary (0.00 / 0 votes) Rate this definition: notwithstanding clause (Noun). Section 33 of Part I (Charter of Rights and Freedoms) of the Canadian Constitution Act (1982), which permits the creation of laws without regard for certain constitutional rights.
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"What does ""notwithstanding the foregoing"" mean in legal documents?" Best Answer: This leads into description or listing of an exception to a general requirement. Example: All staff are required to be at their work stations no later than 8:00 a.m. Notwithstanding the foregoing, employees assigned to duty on weekends and bank holidays, may report no later than 10:00 a.m. Source(s): 32 years law, but thankfully retired now.
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AP Gov Chapter 3 Necessary and Proper Clause. the section of the Constitution allowing Congress to pass all laws necessary and proper to its duties, and which has permitted Congress to exercise powers not specifically given to it (enumerated) by the Constitution.
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- Definition of Grandfather Clause. Noun. A legal provision that exempts a business, enterprise, or class of persons from a new rule, regulation, or law that would affect rights or privileges previously held. Origin. 1895-1900 Americanism. What is a Grandfather Clause
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14th Amendment SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. OVERVIEW. The 14th amendment is a very important amendment that defines what it means to be a US citizen and protects certain rights of the people.There are three important “clauses” in the 14th amendment, each of which are still important today. A clause is a sentence in any part of our constitution.Citizenship Clause – the citizenship clause gives individual born in the United States, but especially at that time, African Americans the right to citizenship.ECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. OVERVIEW. The 14th amendment is a very important amendment that defines what it means to be a US citizen and protects certain rights of the people.
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- Necessary and Proper Clause. The Necessary and Proper Clause, also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause,[1] is a provision in Article One of the United States Constitution, located at section 8, clause 18.
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- Ouster clause. An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function.
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- Definition of notwithstanding. Examples of notwithstanding in a sentence. There were purges and there were trials, but compared with the 1940s these were mild indeed, Germany was finally reunited, and, appalling wars in the Balkans notwithstanding, Europe survived the end of the Cold War.
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grandfather clause 1. a clause in the constitutions of some Southern states before 1915 intended to permit whites to vote while disfranchising blacks: it exempted the descendants of those who voted before 1867 from new rigid qualifications.
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- A funding gap was created when disagreement over the issue between the houses had become tied to funding for the Departments of Labor and HEW, leading to a partial government shutdown. A temporary agreement was made to restore funding through October 31, 1977, allowing more time for Congress to resolve its dispute.
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notwithstanding See notwithstanding defined for English-language learners. See notwithstanding defined for kids. There were purges and there were trials, but compared with the 1940s these were mild indeed, Germany was finally reunited, and, appalling wars in the Balkans notwithstanding, Europe survived the end of the Cold War.
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Dependent clause From Wikipedia, the free encyclopedia. A dependent clause is a clause that provides an independent clause with additional information, but which cannot stand alone as a sentence. Dependent clauses either modify the independent clause of a sentence or serve as a component of it. Some grammarians use the term subordinate clause as a synonym for dependent clause. Others use subordinate clause to refer only to adverbial dependent clauses. The different types of dependent clauses include noun clauses, relative (adjectival) clauses, and adverbial clauses.
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The Three-Fifths Clause of the United States Constitution (1787) The three-fifths clause was part of a series of compromises enacted by the Constitutional Convention of 1787. The most notable other clauses prohibited slavery in the Northwest Territories and ended U.S. participation in the international slave trade in 1807.
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Catherine The Great Notwithstanding Law and Legal Definition. Notwithstanding means despite something; not prevented by; in spite of the fact that. For example, it may be said that the postman always makes his appointed rounds, notwithstanding the weather. Legal Definition list.
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grandfathering A clause in a new law, regulation, or anything else that exempts certain persons or businesses from abiding by it. For example, suppose a country passes a law stating that it is illegal to own a cat. A grandfather clause would allow persons who already own cats to continue to keep them, but would prevent people who do not own cats from buying them. Grandfather clauses are controversial, but they are also relatively common.
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Judgment notwithstanding verdict A judgment notwithstanding the verdict is occasionally made when a jury refuses to follow a judge's instruction to arrive at a certain verdict. 1  See Rule 50, Federal Rules of Civil Procedure, as amended through Dec. 1, 2015. 2  See Rule 29(c), Federal Rules of Criminal Procedure, as amended through Dec. 1, 2015. 3  Rule 50(b).
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- Quick Answer. The Necessary and Proper Clause refers to a section of the United States Constitution that grants Congress the authority to create and enforce laws that are deemed necessary and proper by the powers granted to the branches of the government by the Constitution's various provisions.
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Judgment notwithstanding verdict In U.S. federal criminal cases, the term is judgment of acquittal. JNOV is the practice in American courts whereby the presiding judge in a civil jury trial may overrule the decision of a jury and reverse or amend their verdict. In literal terms, the judge enters a verdict notwithstanding the jury findings.
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- Grammar Handbook: Restrictive and Nonrestrictive Clauses. A modifying clause can be either restrictive or nonrestrictive. Restrictive Clause. A restrictive modifying clause (or essential clause) is an adjective clause that is essential to the meaning of a sentence because it limits the thing it refers to. The meaning of the sentence would change if the clause were deleted. Because restrictive clauses are essential, they are not set off by commas.
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Necessary and Proper, Not Anything and Everything Often called the “elastic clause,” the necessary and proper clause simply states that Congress has the power, “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”.
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Grandfather clause A grandfather clause is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in. Frequently, the exemption is limited; it may extend for a set time, or it may be lost under certain circumstances. For example, a grandfathered power plant might be exempt from new, more restrictive pollution laws, but the e
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Dependent clause Dependent clause. A dependent clause is a clause that provides an independent clause with additional information, but which cannot stand alone as a sentence. Dependent clauses either modify the independent clause of a sentence or serve as a component of it. Some grammarians use the term subordinate clause as a synonym for dependent clause.
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- The Necessary and Proper Clause allows Congress to decide whether, when, and how to legislate for carrying into Execution the powers of another branch; but it respects and even reinforces the principle of separation of powers.
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Dependent clause In linguistics, a dependent clause (or a subordinate clause) is a clause that provides an independent clause with additional information, but which cannot stand alone as a sentence.
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compound-complex sentence a sentence having two or more coordinate independent clauses and one or more dependent clauses, as The lightning flashed (independent clause) and the rain fell (independent clause) as he entered the house (dependent clause). Origin of compound-complex sentence. 1920-1925.
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Exclusion and limitation clauses Entire agreement clauses. An entire agreement clause is a special type of exclusion clause. It states that the entirety of the agreement between the parties is set out in the contract and limits the liabilities of the parties to a contract to only what is covered under that contract.n order to create certainty, the parties may wish to limit the scope of what each can claim for. They can do so by using a clause – often called an 'exemption clause' which limits each party's liability to that which is set out in the contract. There are various ways of limiting liability in a contract.