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A government interest is compelling if it is essential or necessary rather than a matter of choice, preference, or discretion. [1] When government action infringes an individual's fundamental rights, the government must show that the government's action is necessary to achieve a compelling government interest. The protection of public health ...
Statutory interpretation is the process by which courts interpret and apply legislation.Some amount of interpretation is often necessary when a case involves a statute. ...
The rule against perpetuities serves a number of purposes. First, English courts have long recognized that allowing owners to attach long-lasting contingencies to their property harms the ability of future generations to freely buy and sell the property, since few people would be willing to buy property that had unresolved issues regarding its ownership hanging over it.
Statutory interest rates in New York are fixed at nominal amounts, usually according to the monetary environment in which the statutes were enacted (or last amended). Given the drastic changes in ...
A legal interest refers to the legally enforceable right to possess or use property. The term may refer to past, present, or future interests. Legal interest may also refer to: Equitable interest, which is a legal interest that may be enforced by equitable remedies; Estate in land, a possessory interest in real property
Zone of interest test: There are in fact two tests used by the United States Supreme Court for the zone of interest Zone of injury: The injury is the kind of injury that Congress expected might be addressed under the statute. [49] Zone of interests: The party is arguably within the zone of interest protected by the statute or constitutional ...
In social science and economics, public interest is "the welfare or well-being of the general public" and society. [1] While it has earlier philosophical roots and is considered to be at the core of democratic theories of government, often paired with two other concepts, convenience and necessity, it first became explicitly integrated into governance instruments in the early part of the 20th ...
United States trust law is the body of law that regulates the legal instrument for holding wealth known as a trust. Most of the law regulating the creation and administration of trusts in the United States is now statutory at the state level.