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Direct evidence of actual copying by a defendant rarely exists, so plaintiffs must often resort to indirectly proving copying. [1] [page needed] Typically, this is done by first showing that the defendant had access to the plaintiff's work and that the degree of similarity between the two works is so striking or substantial that the similarity could only have been caused by copying, and not ...
At the International Court of Justice, the term "separate opinion" is used and judges can also add declarations to the judgment. The term concurring opinion is used at the Supreme Court of the United States. The European Court of Human Rights uses the term concurring opinion and calls both concurring and dissenting opinions separate opinions ...
Reves v. Ernst & Young, 494 U.S. 56 (1990), was a United States Supreme Court case regarding whether the sale of "uncollateralized and uninsured promissory notes payable on demand by the holder" by the Farmers Cooperative of Arkansas and Oklahoma were securities under the Securities Exchange Act of 1934.
[4] [5] The Tennessee Supreme Court affirmed the sentence, which was affirmed 4-4 by the Supreme Court of the United States in 1968. [ 6 ] [ 7 ] Biggers then sought federal habeas corpus relief, which was granted on the grounds that the Supreme Court's prior tied decision was not an "actual adjudication" under 28 U.S.C. § 2244(c) and that the ...
Donoghue v Stevenson [1932] AC 562 was a landmark court decision in Scots delict law and English tort law by the House of Lords.It laid the foundation of the modern law of negligence in common law jurisdictions worldwide, as well as in Scotland, establishing general principles of the duty of care.
Hypocatastasis is a figure of speech that declares or implies a resemblance, representation or comparison. It differs from a metaphor, because in a metaphor the two nouns are both named and given; while, in hypocatastasis, only one is named and the other is implied, or as it were, is put down underneath out of sight. Hence hypocatastasis is an ...
Robert E. Lee was the principal of Nathan Bishop Middle School in Providence, Rhode Island.He invited a rabbi to deliver a prayer at the 1989 graduation ceremony, but the day before the ceremony, the parents of student Deborah Weisman filed a motion in the United States District Court for the District of Rhode Island for a temporary restraining order to bar the rabbi from delivering the ...
Frazier appealed his conviction to the United States Supreme Court on three main points.. The defense argued Frazier was denied his Sixth Amendment right to cross-examine the prosecution's witness, Rawls, because Rawls refused to answer questions after the prosecution referenced elements from his prior statements to police.