Questions tagged [definition]
For questions that seek to clarify the meaning of a term
56
questions
2
votes
1answer
42 views
Is replacing a failed part with a faulty design with the same part considered a repair, in the EU
I am wondering about a situation that used to happen with the 2011 series of MacBook Pros.
At one time, they all started to fail, one after the other.
The root of the problem was identified and well ...
-1
votes
1answer
71 views
What is Legal Theory? I am asking for its concept, its definition by some Oxbridge or Ivy League Legal Dictionary
People talk about Legal Theory and I do not understand what it is. The Theory Part.
In Physics, Chemisty, Geology, Economy, Sociology... Theory is an explanation of a phenomenon( why it occurs and ...
-1
votes
2answers
68 views
Cyclic definition of “US Person” by the IRS
The IRS classifies taxpayers into categories of "US Person" and "Foreign Person" based on their immigration status. However, the definition appears to be cyclical:
According to the IRS:
The term ...
-1
votes
1answer
49 views
Defamation vs Moral Injury
Moral Injury definition:
Moral injury refers to an injury to an individual's moral conscience
resulting from an act of perceived moral transgression which produces
profound emotional guilt and ...
1
vote
2answers
97 views
Does rape really need to include a penis in England and Wales?
According to Wikipedia, rape occurs in English law when "a man penetrates another person with his penis without the consent of the person being penetrated" but any sexual act that does not include a ...
2
votes
0answers
57 views
What exactly is “Bodily Harm” and (how) does it differ from actual bodily harm?
I'm trying to understand the following statement (which is section 53 of the Crimes Act 1961 in New Zealand, bolding mine) -
"Every one in peaceable possession of any movable thing under a claim
...
2
votes
2answers
110 views
Can a judges decision to allow a matter to trial be appealed immediately, or only after the trial?
If a defendant feels that a judge improperly allowed a matter to go to trial, can it be appealed immediately, or does the defendant have to wait until the trial is over?
For example, let's imagine ...
0
votes
0answers
29 views
Under what circumstances can dust be considered “damage” in Maryland law?
According to interpretations of Maryland Code, Real Property, Section 8-203(f)(1)(i): "Even in the absence of an express covenant, the law imposes on a tenant the obligation to return the premises at ...
0
votes
0answers
27 views
In NJ, referring to the NJSRA, is “salesperson” different from commission-paid “independent contractor?”
There is a case in NJ that I believe is still pending:
https://www.leagle.com/decision/infdco20180914m30
New Jersey Sales Representative Act, N.J.S.A. 2A:61A-1, et seq. (the "NJSRA") [Docket Entry No....
1
vote
1answer
52 views
What is a “significant behavioral, emotional, or mental disorder” for the purpose of firearm disqualification in Hawaii?
According to Hawaii Statutes §134-7 (3) (my emphasis), no person who
Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current ...
1
vote
0answers
41 views
Is the public road limited to the ground?
this is a simple question: is the public property only limited to ground level ?
By this I mean if I hang items by the window of my room (I live right on a street, no private under the window) is it ...
3
votes
2answers
271 views
Is Sword and a Shield a doctrine in the US?
I'm working on a complaint to US federal agencies. One of the arguments I need to make is, a company cannot use existing laws or policies or instruments as both a sword and a shield. That is, they ...
0
votes
0answers
14 views
“Status date” for trademark (in TSDR) is prior to “Filing date”?
This is specific to a trademark I came across;
http://tsdr.uspto.gov/#caseNumber=76720679&caseSearchType=US_APPLICATION&caseType=US_REGISTRATION_NO&searchType=statusSearch
The status is ...
6
votes
3answers
406 views
What is the legal difference between loitering and loafing?
I have seen this sign below on a few United States Post Offices in my area of Virginia. The sign prohibits 3 acts:
NO SOLICITING
NO LOITERING
NO LOAFING
No soliciting is obvious. However, ...
2
votes
1answer
94 views
US Treason Definition vs Technology
I know treason charges, in and of themselves, seems rarely pursued, in part because of its strict definition. However, I was interested in this restriction:
No person shall be convicted of treason ...
1
vote
0answers
24 views
What does “contact” mean in US law?
I spend some of my time battling telemarketers. I wrote a program that opens the modem and snoops Caller Id. If the advertised number is in the FTC's Do Not Call complaint database, then the program ...
1
vote
1answer
46 views
Is there a term denoting definitions that are contrary to a term's plain meaning?
Legislation sometimes defines a term so that it is contradictory to its plain meaning, or contradictory to the term's meaning in another context. For example, 52 USC 30121 defines "foreign national" ...
5
votes
3answers
721 views
What's the difference between “a question of fact” and “a question of law”?
I'm trying to understand the difference between questions of fact and questions of law but it's difficult to find any good definitions of either, and it would be helpful to have some illustrative ...
1
vote
1answer
264 views
Is the term “race” defined by Public Law enacted by Congress of the United States
At United States Census Bureau - About Race the language appears
What is Race?
The data on race were derived from answers to the question on race
that was asked of individuals in the United ...
2
votes
1answer
856 views
Legal Meaning of “Embarrassing”
A while ago on English.SE TimLymington posted:
For what it's worth, embarrassing is a term of art in the British
courts, meaning 'impossible to prove or disprove (and so having no
place in a ...
-4
votes
1answer
103 views
Is it kidnapping if the resisting stops [duplicate]
If a person takes another person against their will but the victim quits fighting is it still a kidnapping?
2
votes
1answer
125 views
Is it really an abduction if the protest or resistance ends before the “victim” is “released”?
My friend ran into her ex-boyfriend at a store. They began arguing, he grabbed her and carried her to his truck, then drove off with her and didn't have her consent.
She tells me that he was going to ...
1
vote
1answer
792 views
If your friend takes you against your will is it still Kidnapping
I know that kidnapping refers to unlawfully taking a person. I also know a friend is someone you know well, love, trust, and hangout with.
But if your friend grabs you, forces you in their car and ...
5
votes
3answers
972 views
What's the difference between an accessory and an accomplice?
What are the definition of each and what exactly is the difference?
1
vote
1answer
36 views
Interpretation of the word “nearby” in a law
In regard to nuisances, a section of law mentions:
... because the tenant is causing, or has caused, a serious nuisance to persons occupying premises nearby.
Does this exclude a person occupying ...
1
vote
1answer
68 views
How does the U.S. legal system control for definitional changes?
Some laws on the books date back to the 18th century. But definitions of even very common words change significantly over time- words like "against", for example.
That being the case, how do courts ...
2
votes
2answers
179 views
Definition of automatic firearms in the US
I want to know about the legal definitions of automatic firearms in the US. I don't care about what people think an automatic firearm is, just about what legally qualifies one as such.
The only legal ...
0
votes
1answer
2k views
What does limited or unlimited mean in a license?
What does limited or unlimited mean in a license? For example how is a limited license to use a program or specific source code, different than an unlimited one?
1
vote
2answers
295 views
Legal definition of assault?
In Massachusetts, penalties are established for "assault" upon a person, but apparently there is no definition of "assault". So, what constitutes an assault could apparently be open to interpretation. ...
0
votes
0answers
72 views
What is the legal definition of “surrender” when it comes to leases in the US?
My lease says "DEPOSIT RETURN, SURRENDER, AND ABANDONMENT OR JUDICIAL EVICTION. We'll mail you your security deposit refund (less lawful deductions) and an itemized accounting of any deductions no ...
1
vote
1answer
438 views
Difference between “hereby moves” and “following relief” for change of venue motion
My sister need to file a motion for a change in venue (in North Carolina) to move a court case from a county she previously resided in to the county where she currently resides. But we're a bit ...
0
votes
1answer
43 views
Can someone please interpret this and put in simpler terms?
Where damage is caused to a visitor by a danger due to the faulty execution of any work of construction, maintenance or repair by an independent contractor, the occupier is not to be treated without ...
2
votes
1answer
99 views
Differences in assault
This morning, on Law Stack exchange there was an item by someone which included the following comment:
A police officer detains you by issuing a command of some sort. For
example, "Stop, stay ...
1
vote
1answer
113 views
What is the UK legal position of an “Executive Summary”
I heard today (from my manager, who says he was told it by a lawyer friend) that "Executive Summary" has a specific UK legal definition, backed up by case law.
The claim is that if a report ...
2
votes
1answer
888 views
What is the difference between Libel and Libel Per Se?
Defamation is defined on various legal online resources (as well as here, and Libel is written and published defamation.
Libel is defamation and defined as a false and unprivileged statement of fact ...
2
votes
3answers
268 views
Use of the word “statute”
In the United States, what fragment of codified federal or state law can I refer to as a "statute"? For example, in federal law, is it proper to use the word "statute" to refer to:
a title (e.g., 15 ...
4
votes
1answer
760 views
How does a prosecutor determine intent?
When prosecutors look at a statute, how do they determine the requirements to prove intent?
For example, look at this statute:
“Whoever knowingly and with intent to defraud, accesses a protected ...
1
vote
1answer
142 views
Definition of food?
What is the legal definition of food in the United States?
Particularly, in the context of food, food products, food industry, food additives, etc., what is a precise, formal, legal definition of ...
2
votes
1answer
476 views
What does it mean to 'enter' property in the Massachusetts trespass statute?
The Massachusetts trespass statute reads (emphasis mine)
part IV, Title I, Chapter 266, Section 120
Section 120. Whoever, without right enters or remains in or upon the dwelling house, ...
5
votes
2answers
15k views
Does a text message count as an oral or written agreement?
This must depend on a state. Let's take some small state like Arkansas, or Michigan. (In my experience California, Florida, and Alaska are outliers :) . Other states have similar laws.) Arkansas is ...
3
votes
3answers
7k views
What is the difference between sublet and sublease?
What's the difference between sublet, subleasing and subletting? Are they all words for the same thing? If sublet is the name of the person who takes over, is that the same as subletor?
3
votes
1answer
427 views
Are CuddleFix participants engaged in prostitution?
Is CuddleFix (http://www.cuddlefix.com) prostitution, or not? If not, where (or at what actions) is the line drawn exactly?
In brief: you pay them to come to your house and lie in bed with you and ...
0
votes
2answers
945 views
What's the limitation of sexual consideration?
Prostitution is defined to be sex in exchange of consideration
http://definitions.uslegal.com/p/prostitution/
The term "prostitution" generally means the commission by a person of
any natural or ...
4
votes
1answer
107 views
Mold and Tenant Rights
I am currently living in an apartment with 3 other people, and we have been having a consistent mold problem. We have cleaned it multiple times and yet it returns in both bedrooms and the bathroom.
...
1
vote
2answers
746 views
Legal Term for Signing A Document That is Believed To Be Untrue
Is there a term in Law for when someone signs a document as true when said individual is under the belief that the contents of the document are untrue?
For example, if I was asked to sign a document ...
13
votes
5answers
848 views
Is “legalese” necessary?
I've noticed large corporations use language in their legal documents that sounds very different than how a normal person would speak. Is there a point to using legalese or is old fashioned plain ...
2
votes
2answers
204 views
Is saying 'I think', legally the same as saying 'I know'?
Basically, is 'I think...' weasel words I need to learn to spot?
More context:
Car dealer told us on car inspection 'I think there are two alarm fobs for this car'.
When the car turned up on ...
2
votes
1answer
86 views
What is typically required for an offense to be considered “de minimis”?
In my jurisdiction, one of the criteria for de minimis is this:
The court may dismiss a prosecution if, upon notice to or motion of
the prosecutor and opportunity to be heard, having regard to ...
1
vote
0answers
13 views
What is the difference between an adjudication and a proceeding? [duplicate]
What is the difference between an adjudication and a proceeding? Are they simply synonymous?
3
votes
1answer
4k views
Non-disparagement in California
Two somewhat unrelated questions on disparagement, specifically in the context of California:
What is the current standing law with regard to non-disparagement clauses in contracts? I recall a recent ...
