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For example, some substantive due process liberties may be protectable according to the original meaning of the Privileges or Immunities Clause of the Fourteenth Amendment. Most originalists believe that rights should be identified and protected by the majority legislatively or, if legislatures lack the power, by constitutional amendments.
The primary examples are: Concurrent causes. Where two separate acts of negligence combine to cause an injury to a third party, each actor is liable. For example, a construction worker negligently leaves the cover off a manhole, and a careless driver negligently clips a pedestrian, forcing the pedestrian to fall into the open manhole. Both the ...
Example 3. In other cases it may simply be unclear which is the cause and which is the effect. For example: Children that watch a lot of TV are the most violent. Clearly, TV makes children more violent. This could easily be the other way round; that is, violent children like watching more TV than less violent ones. Example 4
The form of the post hoc fallacy is expressed as follows: . A occurred, then B occurred.; Therefore, A caused B. When B is undesirable, this pattern is often combined with the formal fallacy of denying the antecedent, assuming the logical inverse holds: believing that avoiding A will prevent B.
Due process developed from clause 39 of Magna Carta in England. Reference to due process first appeared in a statutory rendition of clause 39 in 1354 thus: "No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law."
Fraud in the factum usually voids the instrument under state law and is a real defense against even a holder in due course. Contrast this with the situation where a trusted employee signs a check without permission. The employer must still honor the check despite the fact that the check was a fraudulent negotiable instrument.
Similar fact evidence can be used even if the original "misconduct" could not be prosecuted due to duress or the offender's youth. In a case of a Devon family imprisoned in 1998, one of the defendants appealed his conviction for raping his sister at the age of 16, suggesting it was unlikely that she would not complain or seek help.
The association fallacy is a formal fallacy that asserts that properties of one thing must also be properties of another thing if both things belong to the same group. For example, a fallacious arguer may claim that "bears are animals, and bears are dangerous; therefore your dog, which is also an animal, must be dangerous."