Search results

Create the page "Legal Interpretation" on this wiki! See also the search results found.

• Constitution of the United States/Introduction
  ...ovisions--the ''Constitution of the United States of America, Analysis and Interpretation'' (''Constitution Annotated'').<ref><span id="ALDF_00002122">S. Res. 151, 6 ...edition of the Constitution of the United States of America--Analysis and Interpretation, of decennial revised editions thereof, and of biennial cumulative suppleme
  313 KB (45,628 words) - 04:28, September 13, 2023
• Constitution of the United States/Art. III/Sec. 2/Clause 1 Cases or Controversies
  ...inite and concrete, touching the legal relations of parties having adverse legal interests. It must be a real and substantial controversy admitting of speci ...historical context, the contemporary injury-in-fact rule is an acceptable interpretation of Article III because it reflects not only the Framers' likely concept of
  935 KB (144,511 words) - 04:46, September 13, 2023
• Constitution of the United States/Art. II/Sec. 2/Clause 2 Advice and Consent
  ...it as authoritative, ''e.g.'', Anthony S. Winer et al., International Law Legal Research 242-43 (2013).</span></ref> It is thus the President, and not the ...e and Consent#Legal Effect of Executive Agreements|Art. II, Sec. 2, Cl. 2: Legal Effect of Executive Agreements]]; [[{{ROOTPAGENAME}}/Art. II/Sec. 2/Clause
  423 KB (63,941 words) - 04:44, September 13, 2023
• 37 C.F.R.
  104 Legal processes involves an interpretation of patent laws or regulations
  1.37 MB (199,489 words) - 14:37, November 18, 2011
• Legislation and Regulation
  * Specialized Meaning Within the Legal System ...ecific definition of vehicle in statute: might be read to create a special legal meaning for the purposes of the Parks Safety Act and it does not have to be
  115 KB (17,754 words) - 04:23, December 31, 2019
• Administrative Law Funk/Outline
  ** <div style="margin-left:1in;margin-right:0in;">Office of legal counsel</div> ** <div style="margin-left:1in;margin-right:0in;">Agency indication of '''the legal authority under which the rule is proposed'''<nowiki>; and</nowiki></div>
  199 KB (29,965 words) - 11:01, March 16, 2023
• Administrative Law
  ** Office of legal counsel ** Agency indication of '''the legal authority under which the rule is proposed'''<nowiki>; and</nowiki>
  160 KB (24,888 words) - 15:17, June 27, 2023
• Constitution of the United States/Fourteenth Amend./Section 1 Rights
  ...nto protected privileges and immunities of United States citizenship. This interpretation would have allowed business to develop unimpeded by state interference by l According to the Court, however, such an interpretation would have "transfer[red] the security and protection of all the civil righ
  1.11 MB (176,394 words) - 04:39, September 13, 2023
• Constitution of the United States/Art. III/Section 1 Vesting Clause
  ...-lg-box-wrapper-25493470 The Federalist No. 78 (Alexander Hamilton)] ("The interpretation of the laws is the proper and peculiar province of the courts. A constituti ...dicial Review]].</span></ref> While the doctrine is well established, some legal commentators have criticized judicial review, and some who support it debat
  384 KB (58,677 words) - 04:46, September 13, 2023
• MPEP 2600
  international applications. This interpretation is consistent his legal representatives or assigns in a foreign country prior to the
  705 KB (112,218 words) - 22:41, May 31, 2020
• Constitution of the United States/Art. I/Sec. 10/Clause 3 Acts Requiring Consent of Congress
  ...ct and Interpretation of Compacts|Art. I, Sec. 10, Cl. 3: Legal Effect and Interpretation of Compacts]].</span></ref> the Compact Clause allows states to retain what ...ct and Interpretation of Compacts|Art. I, Sec. 10, Cl. 3: Legal Effect and Interpretation of Compacts]].</span></ref> As a result, agreement and compacts have dual f
  70 KB (10,550 words) - 04:39, September 13, 2023
• Constitutional Law Chemerinsky/Outline I
  ...an act deemed by the court not warranted by law, but violative of a vested legal right.” ...ather to act in cases in which the executive possesses a constitutional or legal discretion, nothing can be more perfectly clear than that their acts are on
  373 KB (58,299 words) - 19:37, July 2, 2023
• Constitution of the United States/First Amend./Free Speech Clause
  ...ot to the actions of private persons.<ref><span id="ALDF_00025558">Through interpretation of the Fourteenth Amendment, the prohibition extends to the states as well. ...is essay focuses on when a law is content based or content neutral and the legal effects of that determination, the free speech principles disfavoring conte
  676 KB (103,970 words) - 16:04, November 7, 2023
• Administrative Law Breyer/Outline
  Tools of statutory interpretation *Non-delegation IS still a canon of [[statutory interpretation]], but a weak one
  178 KB (26,746 words) - 16:39, March 14, 2023
• Constitution of the United States/Fifth Amend.
  ...><span id="ALDF_00008008">J. Sigler, Double Jeopardy: The Development of a Legal and Social Policy 21-27 (1969). The first bill of rights that expressly ado ...enforcing its own criminal laws, particularly if the foreign government's legal system is seen as somehow inadequate.<ref><span id="ALDF_00022937">''Id.''<
  492 KB (76,863 words) - 04:29, September 13, 2023
• MPEP 2200
  the attention of the Office of Patent Legal Administration. the applicant or his legal representatives or assigns in a
  540 KB (85,898 words) - 22:41, May 31, 2020
• Environmental Law
  ...ry at 3 emissions, in return for the Laundry’s agreement not to pursue its legal entitlement. * Legal Theories for Addressing Disproportionate Risks
  210 KB (31,927 words) - 19:57, January 22, 2020
• Contracts Farnsworth/Outline
  #Channeling- marking the promise as one intended to be legal and therefore to be resolved within the system of laws. **- The nephew had a legal right to smoke, drink, and gamble and he forbore that right.
  272 KB (44,514 words) - 05:30, January 9, 2024
• Business Organizations Bauman/9th ed. Outline
  # Legal Personhood * '''ISSUE''': Inequitable Purpose versus Independent Legal Significance
  222 KB (32,922 words) - 01:27, March 26, 2022
• Manual of Legal Citation/Background Rules
  {{:Manual of Legal Citation/TOC}} == R1. Two Types of Legal Documents ==
  27 KB (3,860 words) - 03:46, June 1, 2020
• Contracts Ayres/9th ed. Outline
  *** HOLDING: Waiving of any legal right or future claim is detriment. At request of other party is considerat ***** Destruction of legal relation = consideration.
  159 KB (23,170 words) - 16:26, February 3, 2024
• Constitution of the United States/The Preamble
  ...d establish[ed]"; and (3) the authors' intent for the Constitution to be a legal instrument of lasting "Posterity."<ref><span id="ALDF_00014438">[[{{ROOTPAG ...view the Preamble as an important feature of the document critical to the legal framework it established. James Monroe, as a delegate to the Virginia ratif
  43 KB (6,434 words) - 21:42, September 13, 2023
• Property Singer/Outline
  Four Levels of Legal Reasoning Doctrinal/Legal: Right result, because applicable doctrine requires it.Normative/Policy: Ri
  209 KB (33,554 words) - 01:26, May 10, 2024
• Constitution of the United States/Art. I/Sec. 8/Clause 18 Necessary and Proper Clause
  ...late interstate and foreign commerce implied the power to make paper notes legal tender for public and private debts under the Necessary and Proper Clause). ...in the ratification debates. Next, the section turns to the early judicial interpretation of the Clause, culminating in the Chief Justice John Marshall's landmark 18
  239 KB (36,333 words) - 04:37, September 13, 2023
• Contracts/Estoppel
  ...}</ref> Estoppel may prevent someone from bringing a particular claim. [[Legal doctrine]]s of estoppel are based in both [[common law]] and [[Equity (law) * If a person brings legal proceedings in one country claiming that a second person negligently injure
  43 KB (6,770 words) - 21:40, September 26, 2023
• Constitution of the United States/Art. I/Section 1 Legislative Vesting Clause
  ...ting Clause of the U.S. Constitution reflects a departure from the British legal tradition of "parliamentary supremacy" because it provided external limitat ...presentative, and accountable. ''See, e.g.'', Cynthia R. Farina, Statutory Interpretation and the Balance of Power in the Administrative State, 89 Colum. L. Rev. 452
  225 KB (33,885 words) - 04:30, September 13, 2023
• Property Merrill/Outline
  **o '''Right to exclude people from property has an independent status as a legal interest''', even if no actual injury and apart from any other interest (li *****Balancing test: health of migrant workers/legal rights v. right of property owner
  211 KB (32,202 words) - 01:25, May 10, 2024
• Contracts/Governing law
  ...he place of making and performance, In a physical sense, is the place in a legal sense, but the place of performance when differerent from that of the actua ...tion, authentication, and construction of the contract, but also as to the legal obligations arising from it, and as to what is to be deemed a performance,
  127 KB (20,757 words) - 21:38, September 26, 2023
• Constitution of the United States/Art. II/Sec. 2/Clause 1 Military, Administrative, and Clemency
  ...e additions to the Regular Army and Navy. These measures, whether strictly legal or not, were ventured upon under what appeared to be a popular demand and a ...nstitutional authority to do what he did. The basis for this conclusion in legal theory and historical precedent was fully set out in the State Department's
  174 KB (27,204 words) - 04:44, September 13, 2023
• Constitution of the United States/Art. IV/Section 1 Full Faith and Credit Clause
  The Supreme Court's interpretation of the Clause has shifted over time.<ref><span id="ALDF_00017330">''See gen ...Those judges must decide whether to honor that judgment--and, if so, what legal effect the judgment will have. In addition, the Full Faith and Credit Claus
  87 KB (13,708 words) - 04:47, September 13, 2023
• Conflicts of Laws
  * §382 shields from liability a person who acts in state X pursuant to a legal duty or privilege and causes injuries actionable in state Y ...situs of debts is where the debtor resides, since that is generally where legal action can be taken to enforce the debt<br />
  90 KB (14,956 words) - 12:05, December 11, 2021
• Constitution of the United States/Art. II/Section 3 Duties
  ...ical and social forces rather than any pronounced change in constitutional interpretation. The rise of parties and the accompanying recognition of the President as p ...declarations, or by attempts to engage in diplomatic negotiations, if our interpretation of the Constitution is correct."<ref><span id="ALDF_00025832">''Id.''</span
  167 KB (25,521 words) - 04:44, September 13, 2023
• Environmental law
  o Particular interpretation at the time of the agency if left ambiguous when decided by the court ...gency action…the Acts generous review provision must be given a hospitable interpretation
  34 KB (5,253 words) - 23:28, March 2, 2024
• Constitution of the United States/Art. I/Sec. 10/Clause 1 Proscribed Powers
  ...ration formed by the seceding states could not be recognized as having any legal existence.<ref><span id="ALDF_00002017">''[[Williams v. Bruffy]]'', 96 U.S. ...the ordinary purposes of society. It is immaterial whether the quality of legal tender is imparted to such paper. Interest-bearing certificates, in denomin
  117 KB (18,249 words) - 04:38, September 13, 2023
• Space Law
  ...eerpath.com/space-law/|title=What Is Space Law?|last=|first=|date=|website=Legal Career Path|access-date=}}</ref> Parameters of space law include space expl ...ons Committee on the Peaceful Uses of Outer Space (COPUOS), along with its Legal and Scientific and Technical Subcommittees, are responsible for debating is
  43 KB (6,268 words) - 22:55, September 26, 2023
• Constitutional Liberties
  ...on the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not ...e content-based regulations. In this case, the Court is bound by Minnesota interpretation of the statute that regulates on fighting words within the meaning of Chapl
  268 KB (42,125 words) - 13:54, June 30, 2023
• Constitutional Law Stone/Outline II
  ### The first issue of First Amendment interpretation to capture the Court’s sustained interest; early cases did not receive mu ...ed that a “blanket prohibition” of knowing membership in orgs “having both legal and illegal aims” might pose a real danger that legitimate political expr
  347 KB (56,021 words) - 13:44, June 9, 2023
• Constitutional Law Paulsen/3rd ed. Outline
  • Date: 1215, only four surviving copies• Why it matters o 1. Written legal document – First major one of its kind o 2. Binds the power of the Sovere =Constitutional Interpretation=
  228 KB (35,189 words) - 16:41, March 14, 2023
• Contracts/Outline
  * Promisee may suffer a legal detriment (i.e. give up a legal right) ...rimental in the ordinary sense -- as long as promisee obliges to give up a legal right.
  78 KB (12,132 words) - 16:50, June 10, 2023
• Evidence Allen/Outline
  =Legal Process= ===FRE 104(a): Legal Questions===
  189 KB (28,332 words) - 01:27, March 26, 2022
• MPEP 1846
  ...(die) for forging a sprocket. The court stated that it was an unreasonable interpretation to say that the expression “specifically designed” as found in former P Principles for the interpretation of the method contained in PCT Rule 13.2, in the context of each of those s
  406 KB (63,525 words) - 22:49, May 31, 2020
• Constitution of the United States/First Amend./Freedom of Association
  ...Oregon]]'', 299 U.S. 353, 364 (1937).</span></ref> The Court applied this interpretation of the freedom of assembly in a 1945 case, holding that the right of union ...' that are not political in the customary sense but pertain to the social, legal, and economic benefit of the members."<ref><span id="ALDF_00019517">''[[Gri
  96 KB (14,374 words) - 16:13, November 7, 2023
• MPEP 1400
  and Interferences, Office of Patent Legal Administration, legal representatives or assigns as the interest may appear.
  389 KB (61,989 words) - 22:42, May 31, 2020
• Contracts Kunz/3rd ed. Outline
  ...if refrained from smoking, drinking, gambling until 21. Did so, giving up legal rights and suffered detriment in exchange for promise = suffered detriment ...eing benevolent is not consideration. Foregoing the possibility of a valid legal claim (must be indicated) could be consideration.
  64 KB (10,061 words) - 17:27, July 2, 2023
• Constitution of the United States/Art. VI/Clause 2 Supremacy Clause
  ...preme Court's initial foray into field preemption soon gave way to broader legal and political trends. During the New Deal era of the 1930s and 1940s, the C ...terpretation, see Valerie C. Brannon, Cong. Rsch. Serv., R45153, Statutory Interpretation: Theories, Tools, and Trends (2018), [https://crsreports.congress.gov/produ
  51 KB (7,535 words) - 04:49, September 13, 2023
• Water Law
  ...tral questions arise in the study of water law: (1) how do the established legal systems for allocating rights to use water compare; (2) how well do these s ...Allocation.''''' American jurisdictions can be grouped roughly into three legal systems governing surface water uses: riparian; prior appropriation; and hy
  63 KB (9,629 words) - 00:33, June 10, 2022
• Legal methods
  | subject = Legal Methods ...re legal methods static, or have they varied over time, as society and its legal institutions have developed? 31
  6 KB (783 words) - 16:17, June 20, 2015
• Immigration Law Aleinikoff/Outline
  |The child is residing in the United States in the legal and physical custody of the citizen parent pursuant to a lawful admission f ...nt has died during the preceding 5 years, a citizen grandparent or citizen legal guardian) may apply for naturalization on behalf of a child born outside of
  138 KB (20,807 words) - 01:27, March 26, 2022
• Constitution of the United States/First Amend./Religion
  ...c Church, required membership in the established church to be considered a legal citizen, and criminalized religious dissent.<ref><span id="ALDF_00021802">W ...ion did not "exempt preachers of treasonable or seditious discourses, from legal trial and punishment."<ref><span id="ALDF_00021908">N.C. Const. of 1776, ar
  107 KB (15,767 words) - 16:25, November 7, 2023
• Constitution of the United States/Eleventh Amend.
  ...Debt and the Judicial Power of the United States, in Ambivalent Legacy: a Legal History of the South 106 (D. Bodenhamer &amp; J. Ely eds., 1983).</span></r ...Eleventh Amendment reversed an erroneous decision and restored the proper interpretation of the Constitution. Delivering the Court's opinion, Justice Joseph Bradley
  118 KB (18,842 words) - 04:30, September 13, 2023
• Constitution of the United States/Art. I/Sec. 8/Clause 3 Commerce
  ...l Holmes referred to a "current of commerce" in providing a more expansive interpretation of the Commerce Clause. ''[[Swift]]'' concerned some thirty firms that boug {{Quote|Commerce among the States is not a technical legal conception, but a practical one, drawn from the course of business. When ca
  286 KB (44,289 words) - 16:30, October 11, 2023
• Criminal Law Marcus/8th ed. Outline
  ***** ○ Pestinikases had a legal duty to help Kly because they’d entered into a contract with him, but thi **** ■ Statutory interpretation
  104 KB (15,863 words) - 20:19, March 11, 2023
• MPEP 1700
  or give testimony in legal proceedings, except the civil action or other legal proceeding for which the
  64 KB (9,891 words) - 22:42, May 31, 2020
• 35 U.S.C.
  patent judges shall be persons of competent legal ..., or was the subject of an inventor’s certificate, by the applicant or his legal representatives or
  326 KB (50,322 words) - 13:20, December 7, 2011
• Section 1983 Litigation/Constitutional Rights Enforceable Under § 1983
  === Whether Plaintiff Has Alleged Constitutional Claim Under § 1983 Requires Interpretation of Constitution, Not § 1983=== ...the meaning of the particular constitutional provision at issue, not on an interpretation of § 1983. For example, in ''Graham v. Connor'',<ref>490 U.S. 386 (1989).<
  205 KB (30,427 words) - 13:52, October 8, 2023
• MPEP 1000
  than by the PCT Legal Administration (see MPEP ...onal application is before the Office of Petitions or the Office of Patent Legal Administration.
  57 KB (8,384 words) - 22:41, May 31, 2020
• University of Toledo College of Law
  ...ews''. Additionally, the School of Law has been ranked 32nd best value in legal education in the National Jurist.<ref>[http://www.nationaljurist.com/conten *Legal Aid
  7 KB (924 words) - 14:01, September 19, 2017
• Entertainment Law
  LEGAL RESTRAINTS ON ENTERTAINMENT STORIES: SEX & VIOLENCE IN ENTERTAINMENT AND TH Two Sources of legal issues:
  122 KB (18,711 words) - 15:48, May 25, 2023
• Whittier Law School
  ...nounced it would no longer be admitting students and would discontinue its legal program.<ref>{{Cite news |url=https://www.law.whittier.edu/index/news/artic ...law school]] in the country to announce closure in a time of challenge for legal education institutions.<ref name=NYT01>Olson, Elizabeth, [https://www.nytim
  30 KB (4,060 words) - 19:23, March 20, 2020
• Wills & Trusts
  === Interpretation === ...an reform, wills but will essentially take reformation action and label it interpretation. Find mistake>>>create ambiguity>>>bring in extrinsic. Don’t call it refo
  54 KB (8,380 words) - 07:53, November 19, 2017
• Property Singer/7th ed. Outline
  **** 2. Extent to which D’s domain name is a legal name of/name commonly used to identify P * Various legal arguments that can be used to assert property
  80 KB (11,784 words) - 16:25, February 2, 2023
• Constitution of the United States/Second Amend.
  ...view").</span></ref> In this relative vacuum, the lower federal courts and legal scholars disputed the meaning of the Second Amendment and how it applied, i ...).<ref><span id="ALDF_00021652">''Id.'' at 577.</span></ref> Applying that interpretation to the challenged D.C. firearm laws, the Court concluded that the District'
  75 KB (11,874 words) - 04:29, September 13, 2023
• Health Law Furrow/Outline
  *Ethical and legal analysis of the distribution of health care typically begins with addressin *Finally, professionals working in health care facilities have ethical and legal obligations of their own to assure the quality of the organizations in whic
  180 KB (28,200 words) - 01:36, March 26, 2022
• Criminal Law Dressler/Outline
  ''Must possess a legal duty to act (5):'' ...ity if a) omission is expressed by the law to be an offense, or b) have a legal duty to perform the omitted act
  43 KB (6,779 words) - 21:06, May 31, 2022
• Section 1983 Litigation/Municipal Liability
  ...judge ''before'' the case is submitted to the jury. Reviewing the relevant legal materials, including state and local positive law, as well as “‘custom ...of law for the court, and its statement that the court should review the “legal materials,” including a “‘custom or usage’ having the force of law.
  72 KB (10,825 words) - 22:38, September 26, 2023
• Section 1983 Litigation/Personal Liability: Qualified Immunity
  ...vernment officers to make reasonable though “mistaken judgments about open legal questions. [I]t protects ‘all but the plainly incompetent or those who kn ...ave a mistaken understanding as to whether a particular amount of force is legal in the circumstances. If the officer’s mistake as to what the law require
  74 KB (10,916 words) - 22:38, September 26, 2023
• First Amendment Sullivan/Outline
  o   (2) This would define legal rights according to membership in a religion ...Act, shall be construed to prohibit any expressive conduct protected from legal prohibition by, or any activities protected by, the Constitution.
  174 KB (25,815 words) - 16:42, March 14, 2023
• First Amendment
  ...deceptive advertising? If so, can be regulated. If not, go to step 2-4. If legal activity, must be truthful and not misleading ...ate OB: law is not OB if it has been, or can be narrowed through statutory interpretation
  110 KB (13,718 words) - 18:34, January 12, 2023
• Constitution of the United States/Art. II/Sec. 2/Clause 3 Senate Recess
  ...("Historical practice over the past 200 years strongly favors the broader interpretation. The tradition of applying the Clause to pre-recess vacancies dates at leas Even under a broad interpretation of the Recess Appointments Clause, the Senate may limit the ability to make
  13 KB (2,022 words) - 04:44, September 13, 2023
• Contracts/Uniform Commercial Code
  ...cember 8, 2007 }}</ref> and the Code itself was drafted by some of the top legal scholars in the United States, including [[Karl N. Llewellyn]] (the prime l ...t Articles 2 and 2A, preferring instead to maintain their own [[civil law (legal system)|civil law]] tradition for governing the sale and lease of goods.<re
  29 KB (4,541 words) - 21:40, September 26, 2023
• Richard S. Markovits
  ...t: Econ Anly/Le*Con Law II: Juris/Const*Antitrust: Economic Analysis/Legal Interpretation*Economic-Efficiency Analysis ...ts Con Law II: Juris/Const*UT Markovits Antitrust: Economic Analysis/Legal Interpretation*UT Markovits Economic-Efficiency Analysis
  1 KB (135 words) - 14:33, April 17, 2013
• Indian Law/The Field of Indian Law: Indians and Indian Country
  cases the only legal problems presented are of this character. terms of the legal questions which are involved in a case. Where
  64 KB (10,238 words) - 03:12, January 1, 2022
• Section 1983 Litigation/Elements of Claim, Functional Role, Pleading, and Jurisdiction
  ...ory statements, do not suffice.”<ref>''Id''. at 678.</ref> In other words, legal conclusions must be supported by factual allegations. “Rule 8 . . . does ...rt and plain’ statement of the plaintiff’s claim, not an exposition of his legal argument.”).</ref> In the author’s view, ''Leatherman-Swierkiewicz'' an
  64 KB (9,353 words) - 22:36, September 26, 2023
• MPEP 706
  his legal representatives or assigns in a foreign country prior to the depends on a particular interpretation of a claim;
  219 KB (35,593 words) - 04:40, December 16, 2023
• Income Tax Freeland/Outline
  <nowiki>*</nowiki>IRS letter rulings can be persuasive (agency interpretation if own law) ...silent or ambiguous with respect to the specific question, the agency interpretation is given “controlling weight” unless it is arbitrary or capricious
  410 KB (62,024 words) - 19:06, May 31, 2022
• Constitution of the United States/Art. II/Section 4 Impeachment
  ...of the United States &#167; 762 (1833) ("Not but that crimes of a strictly legal character fall within the scope of the power, (for, as we shall presently s ...while in office.<ref><span id="ALDF_00000042">For a historical and textual interpretation of whether a former official is subject to trial for impeachment, see Jared
  143 KB (21,049 words) - 04:44, September 13, 2023
• MPEP 100
  PCT Legal Administration (see MPEP § Office of Patent Legal Administration, unless the
  158 KB (24,915 words) - 22:41, May 31, 2020
• Constitution of the United States/Art. I/Sec. 8/Clause 4 Uniform Laws
  ...'[[Sessions v. Morales-Santana]]'', the Supreme Court in 2017 considered a legal challenge to Immigration and Nationality Act (INA) provisions that set fort ...mbers of the United States Senate inquired into how they could legislate a legal method for revoking citizenship. Over time, the President and others direct
  180 KB (27,179 words) - 04:35, September 13, 2023
• Constitution of the United States/First Amend.
  ...e history of these Clauses before explaining, in turn, the Supreme Court's interpretation of the Establishment and Free Exercise Clauses. The Religion Clause section ...98 U.S. 145 (1845). ''[[LDS]]'' and ''[[Davis]]'' involved laws attaching legal consequences to the criminal practice of polygamy: a business's dissolution
  127 KB (19,290 words) - 16:15, November 7, 2023
• National Security Law Dycus/7th ed. Outline
  ===The Making and Interpretation of Treaties=== ===The Domestic Legal Effect of Treaties and Executive Agreements===
  9 KB (1,092 words) - 01:27, March 26, 2022
• NYU Schulz Natural Resources Law
  # '''The Legal Offices''' ...’s land mgmt. agencies. They write opinions, draft regulations, and render legal advice to the land mgmt. agencies. Solicitor’s office does not represent
  129 KB (19,437 words) - 03:58, January 3, 2020
• Frank H. Easterbrook
  | subjects = Legal Interpretation*Workshop: Judicial Behavior*Workshop: Judicial Behavior*Workshop: Judicial | outlines = Chicago Easterbrook Legal Interpretation*Chicago Easterbrook Workshop: Judicial Behavior*Chicago Easterbrook Worksho
  919 bytes (102 words) - 00:26, August 17, 2012
• USC Gould School of Law
  ...f encouraging legal scholarship and advancing the ethical standards of the legal profession.<ref>[http://www.orderofthecoif.org/COIF-members.htm Order of th *Employer Legal Advice Clinic – counseling Los Angeles-area non-profits with employment l
  28 KB (3,977 words) - 23:00, March 24, 2020
• Yale Law School
  ...and [[M.S.L.]] degrees in law. It also hosts visiting scholars and several legal research centers. ...l away from the preoccupation with private law that then typified American legal education, and toward serious engagement with public and international law.
  16 KB (2,329 words) - 03:57, August 20, 2023
• Constitution of the United States/Fourth Amend.
  ...n Quincy's Massachusetts Reports, 1761-1772, App. I, pp. 395-540, and in 2 Legal Papers of John Adams 106-47 (Wroth &amp; Zobel eds., 1965). ''See also'' Di ...therefore excluded, although wiretapping was not illegal under the Court's interpretation if the information was not used outside the governmental agency. Because Se
  370 KB (57,962 words) - 04:29, September 13, 2023
• Constitution of the United States/Third Amend.
  ...he Issue of the Maintenance of Standing Armies: A Legal History, 35 Am. J. Legal Hist. 393, 393 (1991).</span></ref> When ratified, however, the Third Amend ...he Issue of the Maintenance of Standing Armies: A Legal History, 35 Am. J. Legal Hist. 393, 406, 414 (1991).</span></ref> Although colonial legislatures att
  17 KB (2,599 words) - 04:29, September 13, 2023
• Constitution of the United States/First Amend./Establishment Clause
  ...ce Thomas has argued that the Establishment Clause is violated ''only'' by legal coercion, ''[[Van Orden v. Perry]]'', 545 U.S. 677, 693 (2005) (Thomas, J., ...religious order did not violate the Establishment Clause given the secular legal character of the corporation and Congress's secular goal to care for the si
  157 KB (24,096 words) - 15:44, November 7, 2023
• Criminal Procedure
  ...al Constitution – here the case is not about state law, but it is about an interpretation of federal law. ...d fly where the police were flying, not whether the public had an abstract legal right to do so.
  194 KB (30,392 words) - 13:55, June 3, 2023
• MPEP 2106
  iv. a legal contractual agreement between two parties ...oth statutory and non-statutory embodiments (under the broadest reasonable interpretation of the claim when read in light of the specification and in view of one ski
  38 KB (6,169 words) - 22:44, May 31, 2020
• Trademark and Unfair Competition
  ...be created. The big worry is ''reverse engineering'', which is completely legal. Trade secrets aren’t given monopoly protection like patents. ..., such as names, words, symbols, devices, ''or trade dress''. Any narrower interpretation of ‘generic name’ would allow incontestable trademarks other than names
  101 KB (16,020 words) - 21:43, August 4, 2023
• Constitution of the United States/Art. VI/Clause 3 Oaths of Office
  ....W. 675 (1930). On this and other issues under the Act, ''see'' Hart, Some Legal Questions Growing Out of the President's Executive Order for Prohibition En ...est oaths were initially required in the colonies, as well, as part of the legal framework supporting state-established churches.<ref><span id="ALDF_0002713
  30 KB (4,543 words) - 04:49, September 13, 2023
• Contracts/Exclusion clause
  ===Strict literal interpretation=== ...ability arising is also important. Generally, there are two varieties of [[Legal liability|liability]]: [[strict liability]] (liability arising due to a sta
  9 KB (1,457 words) - 21:40, September 26, 2023
• Contracts/Contra proferentem
  ...gainst the draftsman", is a [[Legal doctrine|doctrine]] of [[contract]]ual interpretation providing that, where a promise, agreement or [[contractual term|term]] is ...es in unfair or uneven positions. To mitigate this perceived unfairness, [[legal system]]s apply the doctrine of ''contra proferentem''; giving the benefit
  4 KB (665 words) - 21:40, September 26, 2023
• Contracts/Misrepresentation
  ...third party will retain [[legal title|good title]].<ref name="shogun">For legal reasoning application of the difference see ''[[Shogun Finance Ltd v Hudson ...ref> changed all that. The court gave a [[statutory interpretation|literal interpretation]] of s.2 (which, to paraphrase, provides that where a person has been misl
  30 KB (4,767 words) - 21:40, September 26, 2023
• Intellectual Property
  * ○ Virginia made a legal standards governing covenants not to compete ...U.S. Constitution, Art. I, Sec. 8, Cl. 8 the “Intellectual Property Clause”Legal requirements of patentability, 35 USC §100 et seq.
  85 KB (12,605 words) - 17:53, January 11, 2023
• Social Security/Judicial Review of Agency Decisions
  ...du/rio/citation/420_U.S._636 420 U.S. 636] (1975). Most commonly, however, legal questions concern the compliance of a benefit determination and the procedu ...legal standards to the pertinent evidence in the record and to explain the legal and factual underpinnings of a determination in sufficient detail for a rev
  60 KB (9,668 words) - 22:58, September 26, 2023
• MPEP 2164
  (“expert’s opinion on the ultimate legal conclusion present conclusions on the ultimate legal question of
  84 KB (13,127 words) - 22:46, May 31, 2020
• Social Security/Child Benefits
  ...lid marriage that involved a marriage ceremony which failed to establish a legal marriage because of a procedural flaw or the existence of a prior undissolv ...(2)(A) 42 U.S.C. § 416(h)(2)(A)]. Although distinctions may arise in other legal settings, "applicants who according to such law would have the same status
  37 KB (5,889 words) - 22:58, September 26, 2023
• MPEP 2141
  objective evidence and its role in the final legal determination appeal, the court upheld the Board’s interpretation of
  44 KB (6,862 words) - 22:57, May 31, 2020
• Section 1983 Litigation/Abstention Doctrines
  ...nvokes ''Pullman'' abstention, the § 1983 claimant must seek a state court interpretation of the state law from the highest court in the state. In some cases this ma ...from granting prospective relief under § 1983 when there is adequate state legal remedy).</ref> The Tax Injunction Act “is a jurisdictional bar that is no
  38 KB (5,644 words) - 22:34, September 26, 2023
• Social Security/Benefits Based on Disability
  ...n/535_U.S._212 535 U.S. 212] (2002), the Supreme Court upheld the Agency's interpretation of the Act, which is that not only must the impairment meet the 12-month te ...sting examples of those activities. When an ALJ fails to apply the correct legal standard at this stage of the sequential disability determination process b
  72 KB (11,196 words) - 22:58, September 26, 2023
• University of California, Berkeley, School of Law
  ...and Economics, Comparative Legal Studies, Environmental Law, International Legal Studies, Law and Technology, and Social Justice. ...ey.edu/centers/ilr/ Institute for Legal Research (formerly the Earl Warren Legal Institute) (est. 1963)]
  15 KB (2,190 words) - 17:23, September 3, 2020
• Constitution of the United States/Art. I/Sec. 9/Clause 3 Nullification
  ...-42.</span></ref> Bills of attainder and bills of pains and penalties were legal in England at the time of the Founding, and state legislatures in the Unite ...ion does not violate the Bill of Attainder Clause simply because it places legal burdens on a specific individual or group.<ref><span id="ALDF_00020237">''I
  83 KB (13,244 words) - 04:37, September 13, 2023
• Copyright Law/Enforcement of Copyright
  ...e action is for copyright infringement or if its determination turns on an interpretation or application of the federal Copyright Act. In a frequently cited passage ...ring an action for copyright infringement. Section 501(a) states that “The legal or beneficial owner of an exclusive right under a copyright is entitled . .
  40 KB (6,371 words) - 00:03, December 28, 2023
• Torts
  ...iers, physical force, threats of force, failure to release, invalid use of legal authority. ...of the P’s objective conduct (jury determination of reasonableness of D’s interpretation; P’s subjective thoughts are irrelevant).
  38 KB (5,361 words) - 07:21, November 19, 2017
• Constitution of the United States/Art. I/Sec. 3/Clause 6 Impeachment Trials
  ...edings is primarily determined by historical practice rather than judicial interpretation.<ref><span id="ALDF_00013768">''See'' ''[[Nixon v. United States]]'', 506 U ...provisions regarding impeachment was textually committed to the Senate for interpretation and lacked sufficient precision to enable a judicially manageable standard
  41 KB (6,029 words) - 04:32, September 13, 2023
• Constitution of the United States/Art. I/Sec. 8/Clause 11 War Powers
  ...cut was changed." ''Id.'' at 319. The contemporary and subsequent judicial interpretation was to the understanding set out in the text. ''Cf.'' ''[[Talbot v. Seeman] ...ichardson ed., 1896).</span></ref> Alexander Hamilton espoused a different interpretation, contending that the Constitution vested in Congress the power to initiate
  33 KB (5,337 words) - 04:36, September 13, 2023
• Copyright Law/Outline
  # Interpretation, including theories and plots, of an historical event are not copyrightable ...that copyright law explicitly authorized, and was therefore presumptively legal. The owner neither proved nor alleged a connection between the competitor's
  159 KB (24,843 words) - 18:28, December 1, 2023
• Constitution of the United States/Thirteenth Amend./Section 1 Prohibition on Slavery and Involuntary Servitude
  ...he white and [African American] races . . . has no tendency to destroy the legal equality of the two races, or reestablish a state of involuntary servitude. ...M.D. Ala. 1903).</span></ref> These laws often used the threat of force or legal action to compel individuals to perform services to satisfy a real or conco
  24 KB (3,657 words) - 04:39, September 13, 2023
• MPEP 1300
  This may result in uncertainty as to the interpretation Center (TC) Legal Instrument Examiner, with an
  92 KB (14,654 words) - 22:41, May 31, 2020
• Constitution of the United States/Art. III/Sec. 2/Clause 2 Supreme Court Jurisdiction
  ...from the late nineteenth century, the Court relied on the first Congress's interpretation of Article III in declining original jurisdiction of an action by a state t ...on extends. ''Id.'' at 174. Other cases have since followed this exclusive interpretation. ''[[Ex parte Bollman]]'', 8 U.S. (4 Cr.) 75 (1807); ''[[New Jersey v. New
  53 KB (8,017 words) - 04:47, September 13, 2023
• Secured Transactions
  ...eral. The only time it doesn’t really exist is with a trustee who has bare legal title ...nd the wording of the statute, intending instead to apply its own rules of interpretation to the statute. Furthermore, the applicable law would be the law concerning
  131 KB (21,436 words) - 06:43, December 31, 2019
• Constitution of the United States/Art. I/Sec. 8/Clause 8 Intellectual Property
  ...ogy is somewhat imprecise because the Clause does not encompass all of the legal areas that may be considered intellectual property, such as trademarks and ...e artistic creativity for the general public good.").</span></ref> Without legal protection, competitors could freely copy such creations, denying the origi
  68 KB (10,385 words) - 04:35, September 13, 2023
• Contracts/Efficient breach
  In legal theory, particularly in [[law and economics]], '''efficient breach''' is a ...sibility and Related Doctrines in Contract Law: An Economic Analysis, 6 J. Legal Stud. 83, 89 (1977).</ref>
  5 KB (814 words) - 21:40, September 26, 2023
• Contracts/Duress
  ...duress defense admits to breaking the law, but claims that he/she is not [[Legal liability|liable]] because, even though the act broke the [[law]], it was o ...ative (but to accept the other party's terms)'''. If there is an available legal remedy, an available market substitute (in the form of funds, goods, or ser
  12 KB (1,896 words) - 02:38, January 3, 2024
• Constitution of the United States
  ...he 13 states."<ref>https://constitutioncenter.org/interactive-constitution/interpretation/preamble-ic/interps/37</ref> Jeffrey Rosen of the Constitution Center has a ...''[[Wickard v. Filburn|Filburn]]'' (1942) opened the door for an expansive interpretation of the interstate commerce clause by SCOTUS.
  39 KB (5,350 words) - 23:46, April 23, 2024
• Constitution of the United States/Art. I/Sec. 5/Clause 2 Rules
  ...fining and performing its own constitutional duties, and that one branch's interpretation of its own powers is due deference from the others."). ''See also'' The Poc ...to be in the House while a member thereof . . . the House has no right or legal constitutional jurisdiction or power to expel the member."<ref><span id="AL
  69 KB (10,947 words) - 04:33, September 13, 2023
• Constitution of the United States/Art. I/Sec. 9/Clause 2 Habeas Corpus
  ...tions. The Court held that allowing a claim based on a change in statutory interpretation would extend the scope of the Suspension Clause far beyond its scope at the ...33 U.S. 289, 300-01 (2001) (leaving open the question of whether post-1789 legal developments are protected); ''[[Swain v. Pressley]]'', 430 U.S. 372 (1977)
  19 KB (2,959 words) - 04:37, September 13, 2023
• Constitution of the United States/Twenty-First Amend./Section 2 Importation, Transportation, and Sale of Liquor
  ...g ''[[Hughes v. Oklahoma]]'', 441 U.S. 322, 336 (1979)).</span></ref> This interpretation stemmed from the Court's conclusion that the Twenty-First Amendment restore ...at the true consignee be named in the bill of lading and be one having the legal right to receive the shipment at destination.</span></ref>
  35 KB (5,255 words) - 04:42, September 13, 2023
• Contracts/Illusory promise
  ...ly speaking, this is an illusory promise, since the promisor has no actual legal burden to pay if he chooses not to. However, courts will generally imply i ...valuated, such as with the construction of a warehouse; the implied-in-law interpretation above is preferred where satisfaction is more subjective, as with the paint
  5 KB (764 words) - 15:37, December 15, 2023
• MPEP 608
  (e.g., the papers are legal size (8 1/2 by 14 inches)), purpose of interpretation of the scope of any claim.
  256 KB (40,147 words) - 22:52, May 31, 2020
• Constitution of the United States/Tenth Amend.
  ...(1819)].</span></ref> Chief Justice John Marshall famously adopted a broad interpretation of the Necessary and Proper Clause<ref><span id="ALDF_00026863">''See'' [[{ ...lor v. Beckham]]'', 178 U.S. 548, 595 (1900) (Harlan, J., dissenting); ''[[Legal Tender Cases]]'', 110 U.S. 421, 466 (1884) (Field, J., dissenting); ''[[Ex
  72 KB (11,038 words) - 04:30, September 13, 2023
• Constitution of the United States/Art. I/Sec. 6/Clause 1 Pay, Privileges, and Immunities
  ...</ref> In such a situation, the Clause acts as a jurisdictional bar to the legal claim.<ref><span id="ALDF_00022445">''See'' ''[[McMillan]]'', 412 U.S. at 3 ...are not protected by the Clause and therefore may serve as the basis for a legal action.<ref><span id="ALDF_00022466">''See, e.g.,'' ''id.'' at 613-29; ''[[
  65 KB (10,150 words) - 04:33, September 13, 2023
• Constitution of the United States/Art. II/Sec. 1/Clause 1 President's Role
  .... 26, 2021) (per curiam).</span></ref> The Court noted that the CDC had no legal authority to mandate an eviction moratorium and that Congress itself had de ...ce of birth as "Israel" on his passport if requested by the citizen or his legal guardian.<ref><span id="ALDF_00029464">Foreign Relations Authorization Act,
  77 KB (11,624 words) - 04:42, September 13, 2023
• Constitution of the United States/Art. II/Sec. 1/Clause 2 Electors
  ...ended the litigation--and the recount--on the basis of an equal protection interpretation, without ruling on the Article II argument. ==Legal Status of Electors==
  19 KB (2,967 words) - 04:42, September 13, 2023
• Contracts/Third-party beneficiary
  ...aesitum-tertio/ |title=Legal Definition of ius quaesitum tertio |publisher=legal-glossary.org |date= |accessdate=2014-09-12}}</ref> arises when the third pa ...efit an unborn person (usually a family member) or secure benefits for a [[legal person]], such as a company, still in the process of forming or registering
  13 KB (2,060 words) - 21:37, September 26, 2023
• Torts Dobbs/Outline
  # Did the Δ owed the π a legal duty * - Trespasser: any person who has no legal right to be on another’s land and enters without their consent
  14 KB (2,181 words) - 01:27, March 26, 2022
• Constitution of the United States/Thirteenth Amend./Section 2 Enforcement
  ...he practice of peonage, enabling individuals to use the threat of force or legal action to compel African Americans to perform services to satisfy a financi During the early twentieth century, the Supreme Court again adopted a narrow interpretation of Congress's power under the Thirteenth Amendment's Enforcement Clause. Th
  27 KB (3,991 words) - 04:39, September 13, 2023
• Constitution of the United States/Art. IV/Sec. 2/Clause 1 Privileges and Immunities
  The notion of "privileges and immunities"--that is, particular legal benefits or exemptions--derives from concepts developed by English medieval ...te against citizens of other states in favor of its own. It is this narrow interpretation that has become the settled one. As the Court explained in the 1869 case ''
  56 KB (8,698 words) - 04:48, September 13, 2023
• Copyright Law/Exclusive Rights of the Copyright Owner
  ...ng but not of the sound recording, so that the songwriter–author will have legal redress but the record manufacturer and performer will not. If, however, th ...ogy was such that multiple and serial copying was inherently limited. This legal conclusion was essentially confirmed by the Supreme Court in the somewhat d
  89 KB (13,946 words) - 22:48, September 26, 2023
• Constitution of the United States/First Amend./Free Exercise Clause
  ...98 U.S. 145 (1845). ''[[LDS]]'' and ''[[Davis]]'' involved laws attaching legal consequences to the criminal practice of polygamy: a business's dissolution ...n.22 (1947), other Supreme Court cases have treated ''[[Barnette]]'' as an interpretation of the Free Speech Clause, ''see, e.g.'', ''[[United States v. United Foods
  99 KB (15,193 words) - 15:51, November 7, 2023
• Criminal Law (short outline)
  ...where it is a “public welfare” or “regulatory” category. Gun ownership is legal and safe, so it doesn’t fit into either. Extended knowledge from one elem ...te, (ii) judicial opinion, (iii) administrative order, or (iv) an official interpretation of the public officer charged with enforcement of the law.
  34 KB (5,126 words) - 00:51, November 13, 2023
• Patent Law
  ...ce disclosed, use by anyone is difficult to prevent except through special legal institutions, but disclosure is often necessary to use the information * Claims – metes and bounds of legal right, used to compare to prior art and to accused product or process
  89 KB (13,209 words) - 03:15, October 11, 2023
• MPEP 900
  grants and thereby creates the legal rights conferred contains a legal collection focusing on intellectual
  180 KB (27,678 words) - 22:41, May 31, 2020
• Criminal Law Kadish/Outline
  ...where it is a “public welfare” or “regulatory” category. Gun ownership is legal and safe, so it doesn’t fit into either. Extended knowledge from one elem ...te, (ii) judicial opinion, (iii) administrative order, or (iv) an official interpretation of the public officer charged with enforcement of the law.
  33 KB (4,909 words) - 01:27, March 26, 2022
• Constitution of the United States/Art. I/Sec. 3/Clause 7 Impeachment Judgments
  ...the Constitution does not address the sequencing of impeachment and other legal proceedings. Generally speaking, historical practice has been to impeach in ...hen the official has already left office. The House managers rejected this interpretation during the impeachment trial, arguing that the punishments are indeed separ
  13 KB (1,901 words) - 04:32, September 13, 2023
• Constitution of the United States/Art. I/Sec. 8/Clause 7 Post Offices
  ...was perhaps whimsical or mischievous, for there is no support for such an interpretation other than Jefferson's prestige. . . . founding-era sources show that 'esta
  19 KB (2,996 words) - 04:35, September 13, 2023
• Constitution of the United States/Sixteenth Amend.
  ...erived "from whatever source," and thus can be subject to a somewhat broad interpretation.<ref><span id="ALDF_00001878">[[{{ROOTPAGENAME}}/Sixteenth Amend.|Sixteenth ...be unaffected by the fact that, under state law, the association is not a legal entity and cannot hold title to property, or by the fact that the sharehold
  41 KB (6,629 words) - 04:40, September 13, 2023
• Constitution of the United States/Art. III
  ...urt, essentially the court providing advice on an abstract or hypothetical legal question. ''See'' [[{{ROOTPAGENAME}}/Art. III/Sec. 2/Clause 1 Cases or Cont
  16 KB (2,289 words) - 04:46, September 13, 2023
• Constitution of the United States/Art. III/Sec. 3/Clause 1 Meaning
  Early judicial interpretation of the Treason Clause and the term "levying war" arose in the context of th ...ons made out of court if such evidence is merely corroborative and where a legal basis for the conviction has been laid by the testimony of two witnesses.
  20 KB (3,262 words) - 04:47, September 13, 2023
• Section 1983 Litigation/Section 1983 Defendants
  The Court’s interpretation of “suable § 1983 person” in ''Will'' was heavily influenced by the sc ...(“[S]heriffs departments and police departments are not usually considered legal entities subject to suit.”).</ref> This is a matter of form rather than s
  12 KB (1,786 words) - 22:38, September 26, 2023
• Complex Litigation
  ### Legal and regulatory issues ### See ''[[Wright v. Miller]]'' interpretation on 23b2
  42 KB (6,665 words) - 00:21, November 9, 2023
• MPEP 1100
  that do not affect the interpretation of the published of Patent Legal Administration. See MPEP § 720.
  139 KB (21,649 words) - 22:42, May 31, 2020
• Gibbons v. Ogden
  ...nor/aaron-ogden/ Aaron Ogden]''' (governor of New Jersey 1812 - 1813) gave legal advice to the wife of '''[https://uknow.drew.edu/confluence/display/DrewHis ...rict such trade to property transport, excluding passengers. Such a narrow interpretation would eventually "explain away the Constitution." Instead, safe and fundame
  4 KB (624 words) - 03:38, July 14, 2023
• Gonzales v. Oregon
  |facts=Oregon made physician assisted suicide legal. Attorney General John Ashcroft issued an Interpretive Rule announcing his ...ncy generally to make rules carrying the force of law, and that the agency interpretation claiming deference was promulgated in the exercise of that authority.
  1 KB (167 words) - 03:40, July 14, 2023
• Constitution of the United States/Art. I/Sec. 2/Clause 1 Composition
  ...njusticiable, saying that there was no "constitutional directive" nor any "legal standards to guide" the Court.<ref><span id="ALDF_00002345">No. 18-422, sli ...isions interpreting them.<ref><span id="ALDF_00000315">The Supreme Court's interpretation of the Equal Protection Clause has excluded certain qualifications. ''E.g.'
  17 KB (2,566 words) - 04:31, September 13, 2023