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Adequate and independent state ground. v. t. e. The terms moot, mootness and moot point are used in both English and American law, although with different meanings. In the legal system of the United States, a matter is "moot" if further legal proceedings with regard to it can have no effect, or events have placed it beyond the reach of the law.
Criminal law. v. t. e. A leading question is a question that suggests a particular answer and contains information the examiner is looking to have confirmed. [1] The use of leading questions in court [where?] to elicit testimony is restricted in order to reduce the ability of the examiner to direct or influence the evidence presented.
Kimble v. Marvel Entertainment, LLC, 576 U.S. 446 (2015), is a significant decision of the United States Supreme Court for several reasons. One is that the Court turned back a considerable amount of academic criticism of both the patent misuse doctrine as developed by the Supreme Court and the particular legal principle at issue in the case.
Distinguishing. In law, to distinguish a case means a court decides the holding or legal reasoning of a precedent case that will not apply due to materially different facts between the two cases. [1] Two formal constraints constrain the later court: the expressed relevant factors (also known as considerations, tests, questions or determinants ...
t. e. A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment. Dissenting opinions are normally written at the same time as the majority opinion and any concurring opinions, and are also ...
Questions of constitutionality are considered a type of question of law, and thus appellate courts always review lower court decisions that address constitutional issues de novo. However, the term "standard of review" has an additional meaning in the context of reviewing a law for its constitutionality, which concerns how much deference the ...
the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. [9] Joseph Story wrote the opinion in Folsom v. Marsh.
Casuistry. Casuistry (/ ˈkæzjuɪstri / KAZ-ew-iss-tree) is a process of reasoning that seeks to resolve moral problems by extracting or extending abstract rules from a particular case, and reapplying those rules to new instances. [1] This method occurs in applied ethics and jurisprudence.