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Presenting lawyers usually cannot simply make speeches or read their briefs when presenting oral argument to an appellate court. [1] Unlike trial court procedure, where judges intervene only when asked by the parties to resolve objections, it is typical for judges at the appellate level to be active participants in oral argument, interrupting ...
Argument: Oral argument: Opinion announcement: Opinion announcement: Questions presented; Whether, to establish that a statement is a "true threat" unprotected by the First Amendment, the government must show that the speaker subjectively knew or intended the threatening nature of the statement, or whether it is enough to show that an objective "reasonable person" would regard the statement as ...
Widmar v. Vincent, 454 U.S. 263 (1981), held that when the U.S. government provides an "open forum," it may not discriminate against speech that takes place within that forum on the basis of the viewpoint it expresses—in this case, against religious speech engaged in by an evangelical Christian organization.
Olga Tellis v. Bombay Municipal Corporation (1986 AIR 180, 1985 SCR Supl. (2) 51) was a 1985 case in the Supreme Court of India.It came before the Court as a written petition by pavement and slum dwellers in Bombay (Now Mumbai), seeking to be allowed to stay on the pavements against their order of eviction during the monsoon months by the Bombay Municipal Corporation.
The court is weighing those arguments against the government’s defense of the law on national security grounds over concerns that the Chinese government could exert influence over the platform.
Terminiello v. City of Chicago, 337 U.S. 1 (1949), was a case in which the Supreme Court of the United States held that a "breach of peace" ordinance of the City of Chicago that banned speech that "stirs the public to anger, invites dispute, brings about a condition of unrest, or creates a disturbance" was unconstitutional under the First and Fourteenth Amendments to the United States ...
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
Moot court, like law review and clinical work, is one of the key extracurricular activities in many law schools around the world. Depending on the competition, students may spend a semester researching and writing the written submissions or memorials, and another semester practicing their oral arguments, or may prepare both within the span of a ...