Overbroad - Law Dictionary Search Results
Home Dictionary Name: overbroadoverbroad
overbroad : not sufficiently restricted to a specific subject or purpose [an search] ;esp : characterized by a prohibition or chilling effect on constitutionally protected conduct [an statute] compare vague ...
in terrorem
in terrorem [Latin, so as to produce terror] : by way of threat or intimidation : serving or intended to threaten or intimidate [overbroad covenants not to compete which have in terrorem effect on employees "J. D. Calamari and J. M. Perillo"] NOTE: In terrorem is most commonly used to describe a condition in a will that threatens an heir with forfeiture if he or she challenges the validity of the will. ...
overbreadth
overbreadth 1 : the quality or state of being overbroad [a statute void for ] 2 : a doctrine in constitutional law: a law that prohibits protected conduct (as free speech) as part of its reach may be struck down as unconstitutional if the threat to protected activity is a substantial effect and if it cannot be clearly removed ;also : a doctrine allowing a defendant accused of unprotected conduct to challenge a law for overbreadth esp. in the area of free speech ...
third-party standing
third-party standing : standing sometimes granted to a party claiming to protect the rights or interests of a third party compare batson challenge NOTE: Third-party standing is granted esp. when a statute is challenged as unconstitutionally overbroad or when a party (such as a criminal defendant) challenges the exclusion of a juror who is being denied equal protection by being excluded esp. because of race or gender. ...
underinclusive
underinclusive : not sufficiently inclusive : excluding something that should be included ;specif : not affecting others similarly situated with respect to the purpose of the law and esp. in violation of equal protection [an classification] [all four ordinances are overbroad or in substantial respects "Church of the Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993)"] compare overinclusive un·der·in·clu·sive·ness n ...
vague
vague : characterized by such a lack of precision that a person of ordinary intelligence would have to guess if particular conduct is being proscribed : characterized by a failure to describe forbidden conduct in terms sufficient to provide fair warning [an unconstitutionally law] see also void-for-vagueness doctrine compare overbroad vague·ly adv vague·ness n ...
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