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"Deem" has been traditionally considered to be useful when it is necessary to establish a legal fiction either positively by "deeming" something to be what it is not, or negatively by "deeming" something not to be what it is. According to Black's Law Dictionary, all other uses of the word should be avoided. In phrases such as “if he deems fit ...
The self-executing rule, also known as "deem and pass" is a resolution that a bill be deemed to have passed (or, more commonly, a resolution that a bill be deemed to have passed with a certain amendment); if the resolution passes, the bill is automatically deemed to have passed with the amendment set forth in the resolution itself.
Nullification, in United States constitutional history, is a legal theory that a state has the right to nullify, or invalidate, any federal laws that they deem unconstitutional with respect to the United States Constitution (as opposed to the state's own constitution).
Term or phrase Literal translation Definition and use English pron a fortiori: from stronger An a fortiori argument is an "argument from a stronger reason", meaning that, because one fact is true, a second (related and included) fact must also be true.
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 ...
Interposition is a claimed right of a U.S. state to oppose actions of the federal government that the state deems unconstitutional. Under the theory of interposition, a state assumes the right to "interpose" itself between the federal government and the people of the state by taking action to prevent the federal government from enforcing laws that the state considers unconstitutional.
Calling Elon Musk a polarizing figure might be an understatement. The Tesla CEO has built multiple billion-dollar companies and made his investors incredibly wealthy. He's also threatened to...
The usage in the British legal system, on the other hand, is that the term "moot" has the meaning of "remains open to debate" or "remains unresolved". The divergence in usage was first observed in the United States and the extent to which the U.S. definition is used in U.S. jurisprudence and public discourse has ensured it is rarely used in a ...