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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 ...
Early examples include The Three Stooges' parody of Nazi Germany You Nazty Spy, which stated that "Any resemblance between the characters in this picture and any persons, living or dead, is a miracle," [8] and its sequel I'll Never Heil Again, which features a disclaimer that states that "The characters in this picture are fictitious. Anyone ...
In Canada, the rule is established in R. v. Handy, 164 CCC (3d) 481, 2 SCR 908 (2002): . Evidence of prior bad acts by the accused will be admissible if the prosecution satisfies the judge on a balance of probabilities that, in the context of the particular case, the probative value of the evidence in relation to a specific issue outweighs its potential prejudice and thereby justifies its ...
This 1986 ad for the Mercury Sable features a remake of "Do You Want to Dance" sung by a singer whose voice has an uncanny resemblance to Midler's. Ford Motor Co. , 849 F.2d 460 (9th Cir. 1988) [ 1 ] is a United States Court of Appeals case in which Bette Midler sought remedy against Ford Motor Company for a series of commercials in the 1980s ...
For example, if we only see a small sample of people from a particular group, we might overestimate the degree to which they are representative of the entire group. Heuristics are described as "judgmental shortcuts that generally get us where we need to go – and quickly – but at the cost of occasionally sending us off course."
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 ...
In this example, which presents an indefinitely extended ordered family, resemblance is seen in shared features: each item shares three features with his neighbors e.g. Item_2 is like Item_1 in respects B, C, D, and like Item_3 in respects C, D, E. Obviously what we call 'resemblance' involves different aspects in each particular case.
Old Chief v. United States, 519 U.S. 172 (1997), discussed the limitation on admitting relevant evidence set forth in Federal Rule of Evidence 403. Under this rule, otherwise relevant evidence may be excluded if the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, or considerations of undue delay ...