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United States v. Carolene Products Company, 304 U.S. 144 (1938), was a case of the United States Supreme Court that upheld the federal government's power to prohibit filled milk from being shipped in interstate commerce.
This test also applies to both legislative and executive action, whether those actions be of a substantive or procedural nature. The rational basis test prohibits the government from imposing restrictions on liberty that are irrational or arbitrary, or drawing distinctions between persons in a manner that serves no constitutionally legitimate ...
To meet the first part of the test, the person from whom the information was obtained must demonstrate that they, in fact, had an actual, subjective expectation that the evidence obtained would not be available to the public. In other words, the person asserting that a search was conducted must show that they kept the evidence in a manner ...
The logical part consists of theories, statements, and their purely logical relationship together with this material requirement, which is needed for a connection with the methodological part. The methodological part consists, in Popper's view, of informal rules, which are used to guess theories, accept observation statements as factual, etc.
In law, a presumption is an "inference of a particular fact". [1] There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive) presumptions. [2]: 25 A rebuttable presumption will either shift the burden of production (requiring the disadvantaged party to produce some evidence to the contrary) or the burden of proof (requiring the disadvantaged party to show the ...
Baconian fallacy – supposing that historians can obtain the "whole truth" via induction from individual pieces of historical evidence. The "whole truth" is defined as learning "something about everything", "everything about something", or "everything about everything". In reality, a historian "can only hope to know something about something ...
William of Ockham, Summa of Logic (c. 1323) Part III.4. John Buridan , Summulae de dialectica Book VII. Francis Bacon , the doctrine of the idols in Novum Organum Scientiarum , Aphorisms concerning The Interpretation of Nature and the Kingdom of Man, xxiii ff Archived 2020-02-14 at the Wayback Machine . fly.hiwaay.net
Ohio v. Roberts, 448 U.S. 56 (1980), set forth a two-pronged test in order for hearsay to be admissible against a criminal defendant: (1) the declarant generally must be shown to be unavailable; and (2) the statement must have been made under circumstances providing sufficient "indicia of reliability". With respect to the second prong, a ...