Questions tagged [definition]
For questions that seek to clarify the meaning of a term
138
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What is a “submission”?
It was used in a recent answer to mean “a legal argument”. Is it necessarily of this nature? Or is it broader (i.e. “anything one submits”)?
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In US law, what is the legal difference between an alcoholic beverage in an open container and one in a closed container?
Watching TV and discussing https://law.stackexchange.com/a/90054/8683, the matter of whether a container of an alcoholic beverage is open or closed may be of importance. I've heard of minors being ...
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2
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What is "emergency relief" in the context of a Non Disclosure Agreement
I am a contractor (the "Advisor" in the contract) and one of my potential clients (the "Client") put a Non-Disclosure Agreement under my nosethat has the following clause (section ...
2
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1
answer
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What is the scope of Indian Penal Code section 354?
The Indian Penal Code (IPC) section 354 criminalises criminal force or assault with the intent to outrage a woman's modesty. What does this cover? Is this broad? And does it apply equally in all ...
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2
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"Procurement" in The Immoral Traffic (Prevention) Act, 1956 and its relation to extortion
the immoral traffic prevention act which deals with prostitution laws has some provisons specifically
Section 5 of the above Act states:
Procuring, inducing or taking person for the sake of ...
2
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1
answer
61
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How is sexual intent proven or disproven in Indian criminal law?
The Indian Penal Code states that
physical contact and advances involving unwelcome and explicit sexual overtures
is guilty of sexual harassment. Pikewise, POCSO act sections 7 and 11 state
Whoever,...
0
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1
answer
40
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How are multiple and/or clauses in contracts interpreted?
If a contract includes multiple and/or statements, how are these generally interpreted?
For example when defining the competing fields in a hypothetical non-compete clause as
in the field of ...
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0
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46
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how is "force" in Indian law interpreted based on section 349 of the Indian penal code?
Indian penal code defines "force" as
A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance ...
2
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2
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What does the phrase "in this act unless context requires otherwise" mean?
Various Commonwealth countries, like Malaysia, Singapore and India, use this phrase in sections which include definitions or explanation of a law. What does it mean? E.g., Article 13 of the Indian ...
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Is "biological sex" legally defined in the context of financial regulation or know-your-client regulations wrt a Bahamas financial firm?
I was signing up to a financial service the other day, and one of the questions was: "Biological Sex" with the options in a dropdown of "Male/Female". I do not know much about the ...
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Do not pass or assist another vehicle to pass you by using this lane
Could someone confirm if "do not pass or assist another vehicle to pass you by using this lane" means:
Do not pass another vehicle by using this lane, and
Do not assist another vehicle to ...
4
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1
answer
180
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What actually is a “Modern Day Slavery Policy”?
On many businesses’ websites there is an unobtrusive link to a so-called modern day slavery policy. What is this, and what provisions does it fulfill or get governed by?
2
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1
answer
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What is "look through" analysis?
For a federal court to hear a case it must have both subject matter jurisdiction and personal jurisdiction.
Federal court retains subject matter jurisdiction via 1) federal question jurisdiction or 2) ...
2
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2
answers
84
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What's the difference a petition, motion, suit & complaint?
I've seen all of these terms being thrown around to describe overlapping concepts.
I believe a suit asks the court for a monetary judgment whereas a "petition" just asks the court for an ...
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2
answers
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When does a "range extender" become a "hybrid"?
Some companies sell their vehicles as "hybrid" vehicles, in that they take both an electric plug and fossil fuels to make them go. Some are referred to as "Self Charging Hybrids", ...
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1
answer
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What does "domestic disregarded entity" mean?
I'm a person that lives outside of the US. I'm in the process of creating an LLC in New Mexico, which I will own 100%.
I have read in different sources that foreign-owned LLCs must file the 1120 form ...
2
votes
1
answer
36
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ICCPR article 26 "birth or other status"
What does birth or other status mean in Article 26 of International Covenant on Civil and Political Rights?
Does it have the same connotation as "political or other opinion" in that the ...
0
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1
answer
32
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What is the definition of a habitable home environment in the care and support eligibility criteria regulations 2015?
Article 2 paragraph 2(f) of the Care and Support (Eligibility Criteria) Regulations 2015 specifies the outcome of maintaining a habitable home environment. What is the definition of ‘habitable’?
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How is Seditious Conspiracy distinguished from ordinary robbery?
Seditious Conspiracy is defined as:
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to [...] or by force to seize, take, ...
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2
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111
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How to prohibit "Discussion of Illegal Activity" -- but only the bad kind?
Online forums often have rules that say "Discussion of illegal activity" is prohibited. By this, they want to prevent users from using the forum from doing things like planning crimes, or (...
2
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1
answer
118
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Have there been any efforts to standardize the definitions of "Attempted Aggravated Assault" and "Attempted Murder"?
As far as I know, the key difference between "Attempt Aggravated Assault" and "Attempted Murder" is whether or not the prosecution can prove that the perpetrator intended to kill ...
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0
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Is mail valid proof-of-residence for Alabama driver's license?
Does anyone have guidance on official interpretations of the following listed option for “Proof of Principal Residence” in the context of Alabama Driver's License issuance?:
U.S. or State Government ...
4
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1
answer
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Why is a Letters Patent Appeal called so?
In High Courts in India, one can file an appeal called Letters Patent Appeal (LPA in short). LPAs are filed against a judgment of a single judge of the High Court and are decided by a bench of two/...
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2
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Is "use of force" the same thing as "use of physical force"? Are there examples of types of force that are not physical?
According to the dictionary, the definition of rape is the following:
Unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against a person's will or ...
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1
answer
150
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What is the difference between "used by permission" and "used with permission"?
Here's a screenshot of credits after a TV broadcast of a Japanese version of a Broadway musical called "A Night with Janis Joplin".
The whole credits were divided into two distinct sections: ...
9
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2
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What was the significance of the word "ordinary" in "lords of appeal in ordinary"?
The law lords of the House of Lords were formally known as the lords of appeal "in ordinary". Most of that phrase other than the final bit is self explanatory but the use of the word "...
2
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1
answer
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What is the difference between rules and directions?
Some parts of the Civil Procedure Rules seem to be parts of the rules, other seem to be labelled as Practice Directions, however they are still numbered as in the same scheme as the other parts.
Then ...
2
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2
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Is the USA government exempt from falling foul of the provisions at 18USC960 by funding Ukraine?
Further to this question and this answer, 18 USC 960 states:
Whoever, within the United States, knowingly begins or sets on foot or provides or prepares a means for or furnishes the money for, or ...
2
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1
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Is a mental health crisis defined anywhere in the Mental Health Acts?
Does the state of mental health crisis have any statutory definition provided by the Mental Health Act 1983 or any other piece of legislation in the UK?
0
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1
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Under what circumstances may one be brought to a safe place by police under the Mental Health Act?
Are they completely distinct from those in which one may be "sectioned"?
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Are shell scripts considered binaries for licensing purposes?
There are a number of licenses that contain the term "binary distribution". For example, https://github.com/boostorg/beast/blob/develop/LICENSE_1_0.txt:
A simple permissive license only ...
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1
answer
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Definition of the term "reasonable" in Colorado House Bill 21-1310, or how it will be decided if not defined
Colorado house bill 21-1310 was signed on 2021-07-01 and became law. It limits the rights of HOAs to regulate flags and signs. Specifically it says:
THE ASSOCIATION MAY ESTABLISH REASONABLE , CONTENT ...
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3
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Are laws written logically and rigorously?
Are laws written logically and rigorously in law books? For example, do texts of laws specifically use "if and only if" instead of the more frequently used but less logically correct "...
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"subject to" clause on the warranty deed
What is the effect of the following language on the deed?
subject to all permitted exceptions raised in the title commitment ABC
Here, title commitment ABC is the title commitment associated with ...
4
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1
answer
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What does "Russian person" mean in EU legislations?
The primary document of the EU sanctions against Russia (COUNCIL REGULATION (EU) No 833/2014) uses the term "Russian person".
The recent directive COUNCIL DECISION (CFSP) 2022/1909 has ...
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What are perfected grounds of appeal?
According to Julian Assange's anti extradition campaign, in late August his lawyers had filed their "perfected grounds of appeal". Just what does it mean for the grounds to be perfected?
2
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What is a recordable offence and can you refuse to give your DNA and fingerprints to the police?
What is the essence of a recordable offence and what happens if you decline consent to give your DNA and fingerprints in the station?
What provisions define the notion of a recordable offence? What ...
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5
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What does "Have you been drinking?" really mean?
If a police officer asks a driver "Have you been drinking?", then the driver should either plead the fifth (and not answer the question), or answer the question truthfully. Let's assume the ...
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1
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Meaning of "then-current price" in a Subscription Renewal Contract
Section 5.3 of the Unity Terms of Service says that a subscription "will automatically renew at the then-current list price." When does "then-current" refer to in this context?
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What is a material alteration or substantial alteration?
Florida Condo law: FS718.113 subsections (2a),(2b),(2c) prohibits:
"material alteration or substantial additions to the common elements"
"material alteration or substantial additions ...
3
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3
answers
611
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How do common law concepts like torts get named?
For example, some torts have names that aren't used in other contexts in English and appear to have come in from French for their legal usage's purpose. But what is the origin of the name of trover ...
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2
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What is the difference between S4, S4A & S5 public order offences?
Please explain the differences between these three similar but distinct offences from the Public Order Act 1986.
3
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154
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What is a vested interest?
We hear this phrase used a lot in political ranting, to describe various purportedly corrupt forces that are determined to do or maintain something due to an identifiable incentive.
But it's just ...
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2
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What is the nature and purpose of the UK highway code?
What type of instrument is a "code"? There seems to be an underlying statute, the Road Traffic Act, that it implements but what is the purpose of having a separate code?
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How is an animal defined as in rule 286 of the UK highway code?
This came up in the comments thread of this question so it was suggested to ask it.
Is a fly an animal? Perhaps it must be one that is kept and thus keepable as chattel?
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What's the difference between a conviction that is spent and one that is expunged?
This came up in the comments thread of this question so it was suggested to ask it.
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What is the difference in England between regulations and an Act?
In England for example sometimes are cited the coronavirus regulations rather than say the Highway and safety Act. What are the differences between these two types of instruments?
2
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1
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How are dog breeds legally defined?
In the UK there are 4 breeds of dog that it is illegal to own (Pit Bull Terrier, Japanese Tosa, Dogo Argentino, Fila Brasileiro). The government says "A police or council dog expert will judge ...
2
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2
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"I solemnly affirm" vs. "I affirm"
In many jurisdictions, one can swear or affirm with the same legal implications, although there are differences theologically. But what does it mean to "solemnly affirm"?
Does saying, "...
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What does it mean to "hold and enjoy" an office?
US Constitution, Article 1, Section 3, Clause 7:
Judgment in Cases of impeachment shall not extend further than to
removal from Office, and disqualification to hold and enjoy any
Office of honor, ...