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In the United States, the concept of government interest arises especially when certain constitutional issues are before a court of law.Under US constitutional jurisprudence, arising from US Supreme Court decisions, the courts weigh the government's interest in a particular subject matter against the impact of restrictions being imposed on the individuals' rights and interests.
Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest". The government must also demonstrate that the law is "narrowly tailored" to achieve that compelling purpose, and that it uses the "least restrictive means" to ...
In law, a case stated is a procedure by which a court or tribunal can ask another court for its opinion on a point of law. [1] There are two kinds: consultative case stated and appeal by way of case stated. A consultative case stated is made at the discretion of a judge before he or she determines the case before the court.
Congress can abrogate the states' sovereign immunity in some situations. [3] However, it cannot do so implicitly: it must "mak[e] its intention unmistakably clear in the language of the statute." [4] Conversely, just as purported abrogation requires a clear statement, so too a purported waiver by a state requires a clear statement. [4]
Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of ...
Constitutional Equal Protection analysis applies not only to challenges against the federal government, but also to state and local governments.Although the Fourteenth Amendment's Equal Protection Clause applies only to state and local governments, the United States Supreme Court has implied an Equal Protection limitation on the federal government through a process known as "reverse ...
For example, a five-year loan of $1,000 with simple interest of 5 percent per year would require $1,250 over the life of the loan ($1,000 principal and $250 in interest).
In the USA, a party admission, in the law of evidence, is any statement made by a declarant who is a party to a lawsuit or criminal case, which is offered as evidence against that party. Under the Federal Rules of Evidence , such a statement is admissible to prove the truth of the statement itself, meaning that the statement itself is not ...