Contrary to definition

Contrary to means that the state court decision "contradicts the United States Supreme Court on a settled question of law or holds differently than did that Court on a set of materially indistinguishable facts." Kimbrough v. Secretary, Florida Dept. of Corrections, 565 F.3d 796, 799 (11th Cir. 2009). See also Bell v.
Contrary to means "'diametrically different,' 'opposite in character or nature,' or 'mutually opposed.'" Id. A state court decision can be "contrary to" federal law in two ways:
Contrary to means “diametrically different,” “opposite in character or nature,” or “mutually opposed.” Id. The “contrary to” prong of AEDPA applies when “the state court reaches a conclusion opposite to the Supreme Court‟s own conclusion on a question of law or decides the case differently where the Supreme Court was confronted by a set of materially indistinguishable facts.” McMullen, 562 F.3d at

Examples of Contrary to in a sentence

  • Contrary to Section 106.01, furnish new, or used in like new condition, traffic control devices at the beginning of the work and maintain in like new condition until completion of the work.

  • Contrary to Section 106.01, traffic control devices used on this project may be new, or used in like new condition, at the beginning of the work and maintained in like new condition until completion of the work.

  • SIGNS Contrary to section 112.04.02, only long term signs (signs intended to be continuously in place for more than 3 days) will be measured for payment; short term signs (signs intended to be left in place for 3 days or less) will not be measured for payment but will be incidental to Maintain and Control Traffic.

  • Contrary to Section 408, the Department will retain possession of the material obtained from the milling operations.

  • Contrary to section 112.04.02, only long-term signs (signs intended to be continuously in place for more than 3 days) will be measured for payment.

  • Contrary to Section 408 of the current Standard Specifications, the material obtained from the milling operations shall become the property of the Department.

  • Contrary to Section 105.05, in case of discrepancy between theses notes, the Standard Specifications, Interim Supplemental Specifications, Special and Special Notes, Standard and Sepia Drawings, and such state and local government agency requirements, adhere to the most restrictive requirement.

  • Contrary to Section 112.04.02, only long term signs (sign intended to be continuously in place for more than 3 days) will be measured for payment; short term signs (signs intended to be left in place for 3 days or less) will not be measured for payment but will be incidental to Maintain and Control Traffic.

  • Contrary to Section 105.05, in case of discrepancy between theses notes, the Standard Specifications, interim Supplemental Specifications, Special and Special Notes, Standard and Sepia Drawings, and such state and local government agency requirements, adhere to the most restrictive requirement.

  • Contrary to section 106.01, traffic control devices used on this project may be new or used in new condition, at the beginning of the work and maintained in like new condition until completion of the work.


More Definitions of Contrary to

Contrary to means it is impossible to comply with both state law and HIPAA
Contrary to means the state court applied a rule different from the governing law set forth in Supreme Court cases, or decided a case differently than the Supreme Court on materially indistinguishable facts Bell v. Cone, 535 U.S. 685 (2002)
Contrary to means completely opposite to
Contrary to. ’ means, in essence, that it is impossible to comply with both the federal and state law, or the state law stands as an obstacle to the accomplishment or execution of the purpose of the Privacy Rule. Given this narrow interpretation of ‘‘contrary,’’ it is rare that a state law will be truly ‘‘contrary to’’ a provision of the Privacy Rule, as both authorities are (almost always)
Contrary to means the state court applied “a rule different from the governing law set forth in [Supreme Court] cases,” or it decided a case differently than the Supreme Court has done “on a set of materially indistinguishable facts.” Bell v. Cone, 535 U.S. 685, 694, 122 S. Ct. 1843, 1850 (2002). A state court’s

Related to Contrary to

  • Primary Contact means any recreational or other water use in which there is prolonged and intimate human contact with the water, such as swimming and water skiing, involving considerable risk of ingesting water in quantities sufficient to pose a significant health hazard. Primary contact also means any use of surface waters of the state for cultural, religious or ceremonial purposes in which there is intimate human contact with the water, including but not limited to ingestion or immersion, that could pose a significant health hazard.

  • Secondary containment or “Secondarily contained” means a release prevention and release detection system for an underground storage tank or underground piping. This system has an inner and outer barrier with an interstitial space that is monitored for leaks. This term includes containment sumps when used for interstitial monitoring of underground piping.

  • (20) The term commercial clothes washer’ means a soft- mount front-loading or soft-mount top-loading clothes washer that—

  • (10) The term commercialization’ means—

  • (5) the term rural area’ means a city, town, or unincor- porated area that has a population of not more than 10,000 inhabitants.

  • (15) The term data’ means recorded informa-

  • (16) The term vehicle’ means any carriage or other contriv- ance used, or capable of being used, as a means of transpor- tation on land, on water, or through the air.’’.

  • (iv) the term eligible recipient’ means an indi- vidual or entity that is eligible to receive a covered loan;

  • (7) The term student’ means, with respect to an institution of higher education, a national of the United States or an alien admitted for permanent residence who is admitted to attend an undergradu- ate program at such institution on a full-time basis. ‘‘(d) EXPIRATION.—Subsection (a) shall expire on Sep-

  • Review Notice means the notice from the Indenture Trustee to the Asset Representations Reviewer and the Servicer directing the Asset Representations Reviewer to perform a Review.

  • (6) The term finished dosage form’ means—

  • (f) The term inventor’ means the individual or, if

  • (4) the term contractual right’ means a con-

  • (3) The term small entity compliance guide’ means a document designated as such by an agency.

  • Termination Payment means the payment amount equal to the sum of (a) and (b), where (a) is the Settlement Amount and (b) is the sum of all amounts owed by the Defaulting Party to the Non-Defaulting Party under this Agreement, less any amounts owed by the Non-Defaulting Party to the Defaulting Party determined as of the Early Termination Date.

  • (2) The term savings’ means—

  • (11) The term Indian housing authority’ means any entity that—

  • Transfer Period has the meaning set forth in Section 3.3(e).

  • (B) the term biomass’ means any organic matter that is available on a renewable or recurring basis, including agricul- tural crops and trees, wood and wood wastes and residues, plants (including aquatic plants), grasses, residues, fibers, and animal wastes, municipal wastes, and other waste materials.’’.

  • (E) The term remote condensing unit’ means a factory- made assembly of refrigerating components designed to com- press and liquefy a specific refrigerant that is remotely located from the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories.