Illegal Order Sample Clauses

Illegal Order. Responsibility for ordering a crime depended on the existence of an illegal order. The tribunals generally considered the idea of an “order” to be self-evident, perhaps because most of the orders considered in the trials were issued by individuals whose authority to require obedience from their subordinates was unquestioned, such as Xxxxxx, high-ranking SS officials, and military officers. Two tribunals, however, addressed the nature of the ordering relationship. In Xxxx, Tribunal II emphasized that a superior/subordinate relationship was a necessary element of ordering – the orderer had to have the right to demand the orderee comply with his instructions.21 And in High Command, Tribunal V held that the requisite superior/subordinate relationship could exist either de jure or de facto: as long as the defendant‟s orders were “binding upon subordinate units to whom they were directed,” it was irrelevant whether the subordinates were under the defendant‟s “direct command authority.”22 Xxxxxxxx argued, for example, that he could not give orders to civilian concentration-camp personnel because they were not formally subordinate to him. The Tribunal rejected that claim, pointing out that the concentration-camp personnel felt “compelled to comply” with his directives.23 Ordering also required the order in question to be either “criminal on its face”24 or capable of being applied in a criminal manner.25 The Commando Order was an example of the former, because it was nothing more than “an order to commit murder.”26 The two-part Barbarossa 20 Farben, Xxxxxx Concurrence, VIII TWC 1214. 21 Xxxx, V TWC 983. 22 High Command, XI TWC 651. 23 Id. 24 Id. at 512. 25 Id. at 560-61. 26 Id. at 481. Jurisdiction Order, by contrast, was an example of the latter. The order had two parts: the first permitted the execution of civilians without adequate process; the second relieved field commanders of the obligation to prosecute crimes committed by their subordinates against civilians. The first part of the order was facially criminal, but the criminality of the second part depended on its implementation, because a field commander could satisfy his obligation to protect the civilian population by disciplining his subordinates instead of by prosecuting them. The criminality of the Barbarossa Jurisdiction Order, therefore, depended upon how a field commander implemented it.27
Sample 1
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Related to Illegal Order

  • No Illegal Harassment Violation of the City’s harassment policy, which is incorporated by reference and available from the Human Resource Division, by the Contractor, its officers, employees, agents, vendors, consultants, subcontractors and anyone from whom it is legally liable, while performing or failing to perform Contractor’s duties under this Contract shall be considered a material breach of contract.

  • Technical or Contractual Problems Contractor shall meet with the Department's personnel, or designated representatives, to resolve technical or contractual problems occurring during the contract term or to discuss the progress made by Contractor and the Department in the performance of their respective obligations, at no additional cost to the Department. The Department may request the meetings as problems arise and will be coordinated by the Department. The Department shall provide Contractor a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired; however, at Contractor's option and expense, a conference call meeting may be substituted. Contractor’s consistent failure to participate in problem resolution meetings, Contractor missing or rescheduling two consecutive meetings, or Contractor’s failure to make a good faith effort to resolve problems may result in termination of the contract.

  • Allegations 1. The Drug Price Competition and Patent Term Restoration Act of 1984, commonly known as the Xxxxx-Xxxxxx Act ("Xxxxx-Xxxxxx"), created the regulatory mechanism under which the United States Food and Drug Administration can approve generic pharmaceuticals. In 2015, sales of generic pharmaceuticals in the United States were estimated at $74.5 billion dollars. Today, the generic pharmaceutical industry accounts for approximately 88% of all prescriptions written in the United States.

  • No Order No Governmental Entity shall have enacted, issued, promulgated, enforced or entered any statute, rule, regulation, executive order, decree, injunction or other order (whether temporary, preliminary or permanent) which is in effect and which has the effect of making the Merger illegal or otherwise prohibiting consummation of the Merger.

  • Retaliation Prohibited An employer may not threaten or engage in retaliation against an employee for exercising or attempting in good faith to exercise any right provided by the PSLL. In addition, an employer may not interfere with any investigation, proceeding, or hearing pursuant to the PSLL.

  • Jury Duty/Court Appearance a) To qualify for approval from the College to be absent with pay when summoned to serve on a jury, when subpoenaed as a witness in a criminal proceeding or as a witness in a civil action if not a party thereto, or when appearing as a defendant in a criminal or traffic case if acquitted therefrom, a regular or term employee shall produce the summons or subpoena or submit such other evidence showing the necessity for the absence.

  • Injunctive Relief Warnings or Reformulation 2.1 Commencing on the Compliance Date, and continuing thereafter, GFV agrees to “Distribute into the State of California” or directly sell in the State of California Covered Products resulting in exposures less than 0.5 micrograms of lead per day, or alternatively comply with the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distribute into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor, retailer, or other business entity that GFV knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Products that are already in the stream of commerce—including but not limited to the possession and control of distributors and retailers—as of the Compliance Date, and all claims as to such Covered Products are released in this Settlement Agreement.

  • Illegal Activities Seller shall not engage in any conduct or activity that could subject its assets to forfeiture or seizure.

  • NO ADMISSION OF WRONGDOING Employee agrees neither this Agreement and General Release nor the furnishing of the consideration for this Release shall be deemed or construed at any time for any purpose as an admission by Employer of any liability or unlawful conduct of any kind.

  • Challenge If Executive violates or challenges the enforceability of any provisions of the Restrictive Covenants or this Release, no further payments, rights or benefits under Section 5 of the Agreement will be due to Executive (except where such provision would be prohibited by applicable law, rule or regulation).

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