0
votes
1answer
100 views

What does “draw something within something” mean? [closed]

From page 228 of Thinking Like a Lawyer by Frederick Schauer: The law is presumed unconstitutional, but the state may rebut that presumption by satisfying a heavy burden of justification. ...
-1
votes
1answer
60 views

What does “which” refer to in “in respect to which”? [closed]

From footnote 34 on page 216 of Thinking Like a Lawyer by Frederick Schauer:  . . . it is accepted that individuals have due-process rights to notice and hearing [//] with respect to ...
-2
votes
3answers
79 views

How to parse these two long (subordinate) clauses connected with 'that'? [closed]

From footnote 8 on page 205 of Thinking Like a Lawyer by Frederick Schauer: Supplemented context: There are, of course, controversies about and challenges to these venerable distinctions as ...
0
votes
1answer
59 views

What’s the meaning of “purchase” in “the purchase for changing a rule”?

On page 118 of Thinking Like a Lawyer by Frederick Schauer, I found this passage: If the purchase for changing a rule[,] is a perception of what the optimal result would be in the absence of the ...
-2
votes
1answer
89 views

What does “so” mean in “the analogy, so the skeptics insist, did not determine the result”? [closed]

From page 97 of Frederick Schauer’s Thinking Like a Lawyer: Deciding the Skokie case involving the American Nazi Party in 1977, therefore, was simply a matter of applying the rule set forth in ...
1
vote
1answer
40 views

Is ”what there is a reason to do” a valid construct?

From page 76 of Frederick Schauer’s Thinking Like a Lawyer: What there is a reason to do is different from what should be done, all things considered, just as what there is a right to do is ...
1
vote
0answers
67 views

Which does “substantive'” mean? [closed]

From pages 63–64 of Fredirick Schauer’s Thinking Like a Lawyer: I eat spinach because it is good for me. Judge Cardozo decided the way he did ... because he thought that outcome fairer and ...
-1
votes
1answer
36 views

Right meanings of 'form'?

When legal decision-makers like Justice Peckham, who are actually ... making a policy or political choice act as if there were no choice to be made—when they treat a policy choice as simply ...
0
votes
2answers
67 views

What does the term “nonrecourse deduction” mean?

What does the term: nonrecourse deduction(s) mean? In legal documents I have seen the term nonrecourse deduction(s) used as it pertains to taxation and other economic factors. It is not clear to me ...
0
votes
3answers
111 views

'The Constitution Is Not A Suicide Pact'

Would someone please explain why this means: that civil liberties only go so far, and at extremes, security must take precedence ? I tried to reference a suicide pact and more context here, ...
1
vote
2answers
69 views

Meaning of “cold finality”

In an American case in 1937, Justice Clarkson said this before delivering his dissent: In those after years when this case, elevated to high authority by the cold finality of the ...
0
votes
2answers
44 views

Meaning of 'duty' here [closed]

His case, though, was rejected by the Court of Appeal, which suggested that practical and policy reasons militated against allowing him to recover damages. Lord Justice Stuart-Smith said: ...
0
votes
2answers
63 views

Question on “subject to being disproved by the person accused” [closed]

The appeal court said that in criminal cases where it is necessary for the prosecution to prove intention, they must always do just that. Intention can never be presumed, subject to being ...
-1
votes
2answers
84 views

Can I use “contend” without a preposition?

On the one hand, recent advances in the power of computers have been decried as the nemesis of whatever vestiges of our privacy still survive. On the other, the Internet is acclaimed as a Utopia. ...
1
vote
0answers
37 views

Meaning of grave in graver trusts [closed]

Any other rule of construction would abrogate the judicial character of this court, and make it the mere reflex of the popular opinion or passion of the day. This court was not created by the ...
1
vote
0answers
56 views

“issue” as an intransitive verb [closed]

The place of confinement would not be different, since in those days the dangerously insane in the District of Columbia were confined in the same jail as indicted criminals. (There was no ...
4
votes
2answers
59 views

Why is common law referred to as “at common law”?

While researching the differences between modern penal codes with common law I noticed that in many places it is written as at common law. An example is, "A crime at common law defined as unlawful ...
1
vote
2answers
60 views

“retain the title” in legal terms [closed]

Here is another question from me while making efforts to translate a wordy document. Please read the paragraph as follows: Mr. Justice Holmes stated in dissent: "If [the manufacturer] should make the ...
0
votes
1answer
46 views

the first case … is the court's decision

As I have said many times, I'm translating some wordy document, and here is another sentence that need shedding some light on: Thus the first case cited by the Court in Schwinn for the proposition ...
1
vote
2answers
3k views

What does 'provision' exactly mean in a legal document?

Now I'm asked to look at a legal document(here) and answer the question that which provisions apply to a certain case. However, I don't know what the word 'provision' means in a legal context. ...
2
votes
1answer
330 views

What do “take ground” and “vested in” mean in this context?

Here is an extract from the headnote of a case [1] I am trying to understand: The defendants, who were wharfingers, agreed with the plaintiff for a consideration to allow his vessel to discharge ...
3
votes
3answers
244 views

Clear way of saying that one set of rules overrides another, if contradicts [closed]

I'm working on updating a constitution, but as it is for a non-incorporated entity it doesn't have to be legally perfect. I'm much more interested in clarity. Here is what I have at the moment: ...