The doctrine established in an opinion written by Oliver Wendell Holmes, Jr. in Schenk vs. United States (1919) which is used to determine if a situation creates a threat to the public, individual citizens or to the nation. If so, limits can be placed on First Amendment freedoms of speech, press or assembly.
Evidence that proves a matter by the "preponderance of evidence" required in civil cases and beyond the "reasonable doubt" needed to convict in a criminal case.
A rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim.
A lawsuit filed by one or more people on behalf of themselves and a larger group
of people "who are similarly situated."
in legal terms, all those persons in the same category, level of rights, or who have suffered from the same incident
1) To make a demand for money, for property, or for enforcement of a right provided by law. 2) the making of a demand (asserting a claim) for money due, for property, from damages or for enforcement of a right.
Those rights guaranteed by the Bill of Rights, the 13th and 14th Amendments to the Constitution, including the right to due process, equal treatment under the law of all people regarding enjoyment of life, liberty, property, and protection.
The complex and often confusing body of rules and regulations set out in both state and federal laws which establish the format under which civil lawsuits are filed, pursued and tried. Civil procedure refers only to form and procedure, and not to the substantive law which gives people the right to sue or defend a lawsuit.
Fines or surcharges imposed by a governmental agency to enforce regulations.