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"A theory is scientific if and only if it divides the class of basic statements into the following two non-empty sub-classes: (a) the class of all those basic statements with which it is inconsistent, or which it prohibits—this is the class of its potential falsifiers (i.e., those statements which, if true, falsify the whole theory), and (b ...
The validity of a legal system is independent from its efficacy. A completely ineffective rule may be a valid one - as long as it emanates from the rule of recognition. But to be a valid rule, the legal system of which the rule is a component must, as a whole, be effective. According to Hart, any rule that complies with the rule of recognition ...
[19] [20] Content-neutral laws are evaluated by the nature and scope of the speech regarding the time, place and manner of communication. Content-neutral speech is reviewed under intermediate scrutiny versus strict scrutiny because this speech is only restricted by the way in which the information is communicated; not the information itself.
Secondary rules are divided into rules of adjudication (how to resolve legal disputes), rules of change (how laws are amended), and the rule of recognition (how laws are identified as valid). The validity of a legal system comes from the "rule of recognition", which is a customary practice of officials (especially barristers and judges) who ...
The phrase is often used in legal pleadings, declarations under penalty of perjury, and affidavits under oath. [2] It is often used in a phrase similar to: "The plaintiff is informed and believes, and upon such information and belief alleges". [3] This "protects the maker of the statement from claims of outright falsehood or perjury". [2]
Relevance, in the common law of evidence, is the tendency of a given item of evidence to prove or disprove one of the legal elements of the case, or to have probative value to make one of the elements of the case likelier or not. Probative is a term used in law to signify "tending to prove". [1] Probative evidence "seeks the truth".
In logic, the law of excluded middle or the principle of excluded middle states that for every proposition, either this proposition or its negation is true. [1] [2] It is one of the three laws of thought, along with the law of noncontradiction, and the law of identity; however, no system of logic is built on just these laws, and none of these laws provides inference rules, such as modus ponens ...
This means that the plain meaning rule (and statutory interpretation as a whole) should only be applied when there is an ambiguity. Because the meaning of words can change over time, scholars and judges typically will recommend using a dictionary to define a term that was published or written around the time the statute was enacted. Technical ...