Weak respiratory muscles may suddenly fatigue, producing precipitous respiratory collapse. Elective intubation is preferable to emergency intubation or respiratory arrest. The standard 20/30 rule (FVC less than 20 ml/kg or NIF less than 30 cmH20) are the best indicators of the need for ventilator support.
Imminent lawless action is a term used in the United States Supreme Court case Brandenburg v. Ohio (1969) to define the limits of constitutionally protected speech. The decision overturned the decision of the earlier Schenck v. United States (1919), which had established clear and present danger as the constitutional limit for speech.
If the legal and equitable issues are severable, the judge will decide the equitable issues, while the right to jury trial is preserved for the legal issues. If the issues are not severable, the right to a jury is determined under the gist of the action test (above). [Unilogic, Inc. v. Burroughs Corp. (1992) 10 Cal.App.4th 612, 622-623, 12 Cal.Rptr.2d 741, 746] If the equitable and legal issues are tried separately, the order in which they are tried becomes significant.