MSDI Ermo/Kearney LabTopicality – V. 1.0 2008
Substantial is situational
Words and Phrases, Vol. 40, 1995, p. 458 (State v. Rose)
The term 'substantially' is relative and must be considered within the context of the particular fact situation; inessence, it means less than totally or the whole, but more than imaginary.
No fixed substantial numbers
Words and Phrases, Vol. 40, 1964, p. 821, (Burnet v Bank ).'Substantially all' within statute permitting consolidated income return by affiliated corporations does not mean afixed percentage, and must be construed according to particular facts.
“Substantially” increased incentives means a full shift from fossil fuels
, renewable energy and energy efficiency advocate, 05/28/
,http://www.renewableenergyworld.com/rea/author?id=40, 6/30/08Despite renewable energy's overall favorable image in the mind of the public, these current policy instrumentsconsider substantially increasing incentives is by a cut in usage. A tax credit, especially one that is applicable largelyto corporate entities, or another cut usage, is not substantially at all. Basically, it is not enough to be substantial. Is a"backdoor" way to get government assistance; tax credits are government expenses without a specific budget line or earmark. The average voter, even if he or she understands something about the issue, is going to have limitedsympathy for the recipients of institutional tax credits. What would be substantial is to completely obliterate theconsumption of oil and switch to renewables.
Substantial means without material qualification
http://www.aoc.state.nc.us/www/public/coa/opinions/1999/980989-1.htm NO. COA98-989NORTH CAROLINACOURT OF APPEALS Filed: 5 October 1999 STATE OF NORTH
. MICHAEL SCOTT
For the New York offense of driving while ability impaired to qualify as "substantially equivalent" to the NorthCarolina offense of driving while under the influence of an impairing substance, the respective statutes need not beidentical in each and every respect. Substantially is defined as "[e]ssentially; without material qualification[.]"Black's Law Dictionary 1428 (6th ed. 1990). Equivalent is defined as "[e]qual in value, force, measure[.]" Black'sLaw Dictionary 541 (6th ed. 1990). Other jurisdictions have discussed what constitutes a "substantially equivalent"offense. See State v. Oliver, 720 A.2d 1001, 1004 (N.J. Super. A.D. 1998) (criminal conduct underlying prior conviction "qualitatively similar to defendant's conduct in the instant case and, therefore, [the prior conviction] was'substantially equivalent'"); O'Neill v. State, 661 So.2d 1265, 1268 (Fla. App. 5 Dist. 1995) (in order to qualify assubstantially similar, the South Carolina statute need not "mirror" the Florida statute; "[t]he out-of-stateconvictionneed only be 'substantially similar' . . . in elements and penalties").
Resolved: The United States federal government should substantially increase alternative energy incentives in the United States.