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A frequently cited example of the deference afforded to the powers of state and local government may be found in Exxon Corp. v. Maryland, 437 U.S. 117 (1978), where the State of Maryland barred producers of petroleum products from operating retail service stations in the state. "The fact that the burden of a state regulation falls on some ...
These conditionals differ in both form and meaning. The indicative conditional uses the present tense form "owns" and therefore conveys that the speaker is agnostic about whether Sally in fact owns a donkey. The counterfactual example uses the fake tense form "owned" in the "if" clause and the past-inflected modal "would" in the "then" clause ...
For example, the doctrine may apply to the barring of prior judicial rulings or their finding from subsequent cases. This is a nuanced area of law, and its application may vary from country to country. Canada is an example of such nuance. In the case of British Columbia (Attorney General) v.
An appeal to nature is a rhetorical technique for presenting and proposing the argument that "a thing is good because it is 'natural', or bad because it is 'unnatural'." [1] In debate and discussion, an appeal-to-nature argument can be considered to be a bad argument, because the implicit primary premise "What is natural is good" has no factual meaning beyond rhetoric in some or most contexts.
Logical atomism is a philosophical view that originated in the early 20th century with the development of analytic philosophy.It holds that the world consists of ultimate logical "facts" (or "atoms") that cannot be broken down any further, each of which can be understood independently of other facts.
If fact bargaining is acceptable, then the entire moral and intellectual basis for the Sentencing Guidelines is rendered essentially meaningless." [2] Judges rarely overturn stipulations reached by fact bargaining. [3] In some cases, "creative" plea bargains are reached in which the defendant pleads guilty to a totally different lesser crime.
The example Volokh uses is the statement that "Joe deserves to die" which in the context of a murder could be made to be a factual statement. [ 5 ] The fifth category is one that is not as firmly set by precedent: false statements, even deliberate lies, against the government may be protected. [ 11 ]
An argument by example (also known as argument from example) is an argument in which a claim is supported by providing examples. Most conclusions drawn in surveys and carefully controlled experiments are arguments by example and generalization.