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In determining whether a statute's overbreadth is substantial, the courts consider a statute's application to real-world conduct, not fanciful hypotheticals. See, for example, id., at 301–302. Accordingly, the courts have repeatedly emphasized that an overbreadth claimant bears the burden of demonstrating, "from the text of [the law] and from ...
Crossword grids elsewhere, such as in Britain, South Africa, India and Australia, have a lattice-like structure, with a higher percentage of shaded squares (around 25%), leaving about half the letters in an answer unchecked. For example, if the top row has an answer running all the way across, there will often be no across answers in the second ...
Intermediate scrutiny applies to regulation that does not directly target speech but has a substantial impact on a particular message. It applies to time, place, and manner restrictions on speech, for example, with the additional requirement of "adequate alternative channels of communication." In other words, if restricting the time, place, or ...
A study by the University of Cincinnati found 20 to 40 percent of Americans will provide an opinion when they do not have one because of social pressure, using context clues to select an answer they believe will please the questioner. A classic example of this phenomenon was the 1947 study of the fictional Metallic Metals Act. [2]
The basic formulation of the conflicts of interest rule is that a conflict exists "if there is a substantial risk that the lawyer's representation of the client would be materially and adversely affected by the lawyer's own interests or by the lawyers' duties to another current client, a former client, or a third person."
If a contractor successfully demonstrates substantial performance, the owner remains obligated to fulfill payment, less any damages suffered as a result of the deficiencies in workmanship by the contractor. The principle is also found in the law of unilateral contracts. Unilateral contracts are contracts in which one party offers a promise in ...
A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. [1] The use of leading questions in court to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented. Depending on the circumstances, leading ...
The substantial similarity standard is used for all kinds of copyrighted subject matter: books, photographs, plays, music, software, etc. It may also cross media, as in Rogers v. Koons, where a sculptor was found to have infringed on a photograph. [1] [page needed] Substantial similarity is a question of fact that is decided by a jury.