Questions tagged [definition]
For questions that seek to clarify the meaning of a term
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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 ...
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32 views
Is there a legal definition of what a concentration camp is?
Is there a legal definition of what a concentration camp is? And how does it differ from a prison? I am asking, because I saw a Western documentary on the detention camp in Xinjiang and was wondering ...
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18 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....
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1answer
39 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 ...
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39 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 ...
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2answers
154 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 ...
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9 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 ...
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3answers
190 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, ...
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1answer
77 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 ...
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19 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 ...
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1answer
41 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" ...
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319 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 ...
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1answer
241 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 ...
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1answer
597 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 ...
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1answer
95 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?
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1answer
119 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 ...
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1answer
543 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 ...
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3answers
789 views
What's the difference between an accessory and an accomplice?
What are the definition of each and what exactly is the difference?
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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 ...
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1answer
63 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 ...
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1answer
97 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 ...
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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?
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2answers
283 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. ...
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68 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 ...
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1answer
390 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 ...
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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 ...
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1answer
95 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 ...
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1answer
112 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 ...
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1answer
648 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 ...
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3answers
248 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 ...
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1answer
665 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 ...
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1answer
119 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 ...
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1answer
428 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, ...
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2answers
14k 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 ...
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3answers
6k 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?
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1answer
415 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 ...
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2answers
858 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 ...
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1answer
97 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.
...
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2answers
670 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 ...
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790 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 ...
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2answers
201 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 ...
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1answer
85 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 ...
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0answers
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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?
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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 ...
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1answer
546 views
What exactly does “Copyright © [year] [company]” on a website entail? [duplicate]
Almost every website has some variation of "Copyright © [year] [company]" at the bottom. Sometimes they also add "All rights reserved".
What exactly do those terms entail? My biggest concern is this: ...
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1answer
544 views
Definition of “Direct Financial Benefit” in the DMCA Title 17
I run a website with pages for famous people, books, brands, movies, etc. Users can rate and discuss these things. Each page has a "profile picture", which is added by a user and then approved by a ...
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152 views
Difference Between Adrogation and Arrogation?
A Preceding Note:
I do enjoy studying law and legal philosophies from time to time, but I'm not a legal student here or even in the legal sectors, so please try to put any explanation you have into (...
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1answer
270 views
How is the theft of stolen property handled legally?
Many definitions of "theft" include specific text regarding "the rightful owner" or a variant necessitating that the victim of theft owned the property. (emphasis mine)
For example, The Free ...
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4answers
248 views
Is asking a banker the pros and cons of linking my SSN to my bank account considered requesting legal advice in California?
I opened a checking account in California and had the option to link my SSN (Social Security Number) to my bank account. The banker refused to tell me the pros and cons of linking my SSN to my bank ...
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1answer
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Are there any restrictions on “Open Access” material?
A video on Wikipedia claims that Open Access articles come with "full reuse rights" (sections 0:04 and 5:38).
Are Open Access articles as open as public domain works?
Is the definition of the ...
