Write a polynomial by its coefficients. Evaluation of and of each first partial derivative at is polynomial in these coefficients and in the coordinates of . Consequently the bad incidence locus
is Zariski closed, and is Zariski open. Here a hypersurface is regarded as smooth at an ambient point outside it automatically.
In fact is empty. For homogeneous of degree , the Euler homogeneous function theorem says
If , its left side is zero while its right side is , which is nonzero because . Thus every nonzero level is covered by the smoothness of a nonzero homogeneous level set, and
which is certainly nonempty and Zariski open.

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