Questions tagged [definition]

For questions that seek to clarify the meaning of a term

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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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9 votes
1 answer
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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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2 votes
2 answers
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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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4 votes
1 answer
132 views

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?
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2 votes
1 answer
151 views

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 ...
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2 votes
2 answers
96 views

"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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15 votes
5 answers
5k views

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, ...
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0 votes
0 answers
53 views

Do city regulations stating that food waste should be in "plastic bags" require bags specifically for food waste?

When regulations say that food waste should be in plastic bags, are these bags separate from the plastic bags everyone already uses for general trash anyway? For example, this source says that food ...
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1 vote
1 answer
36 views

What are the different names of anti-collusion laws?

Anti-collusion laws have different names. For example, they are called "antitrust laws" and "anti-monopoly laws" in China following Nishan (2021), and "anti-collusion laws&...
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10 votes
3 answers
4k views

How does Australia split its legal profession?

I just got an interesting edit suggestion to my recent question by someone who just registered (perhaps for the purpose of this edit suggestion). It proposes that "lawyer" is replaced with &...
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1 vote
2 answers
338 views

Is there any part of the island of Great Britain which is not in England & Wales or Scotland?

Is there any part of the island of Great Britain which is not in England & Wales or Scotland?
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2 votes
2 answers
55 views

What's "a disposition to trusts"?

The word choice of disposition baffles me, because in ordinary 2021 AD English, disposition means "frame of mind, attitude, inclination; temperament, natural tendency or constitution of the mind&...
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1 vote
2 answers
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Why misleading to describe Bills of Lading as "negotiable"?

Why "a little misleadingly"? I do not know what is misleading.       Documentary intangibles are things in action where the documents with which they are associated are so identified with ...
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-1 votes
1 answer
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What is the difference between separation, quitting and layoffs?

Is separation considered to be a measure of layoffs and quitting from firm's perspective?
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5 votes
2 answers
458 views

Is Double Indemnity conduct which can be considered both civil and criminal?

In a basic introduction to law class (major is computer science, I'm in the UK and the focus of our course is England and Wales) we were told that conduct which can be considered as both civil and ...
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0 votes
4 answers
232 views

How do you define legal advice (for the purposes of prohibition of unqualified practice)?

In many (perhaps most) jurisdictions there are prohibitions on unqualified persons providing legal services. The exact scope of the prohibitions many vary from jurisdiction to jurisdiction. Some ...
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2 votes
1 answer
234 views

Can there be a company shareholder which is not a company owner?

I would define a shareholder as someone who is eligible for a certain percentile amount of profit from a company, from dividends and/or from selling the company; this person may or may not be an owner ...
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14 votes
1 answer
2k views

What does a default judgement mean in the Alex Jones case

NPR ran a story about the judgment against Alex Jones by parents of Sandy Hook victims. Below is an excerpt (emphasis mine) Judge Maya Guerra Gamble in Austin, home of Infowars, entered default ...
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-2 votes
2 answers
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Is a distilled spirit mixed with a scheduled substance excluded from the definition of a controlled substance?

The Controlled Substances Act provides the following definition: (6) The term "controlled substance" means a drug or other substance, or immediate precursor, included in schedule I, II, III,...
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3 votes
1 answer
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Who, or what, is the custodian mentioned in the Mobile Home Landlord and Tenant Rights Act?

According to the Illinois Mobile Home Landlord and Tenant Rights Act (765 ILCS 745/11): Provisions of mobile home park leases. Any lease hereafter executed or currently existing between an owner and ...
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0 votes
4 answers
113 views

What does this law-excerpt mean?

I need to know what... Tax means the income tax payable under this Ordinance and includes any additional tax, excess profit tax, penalty, interest, fee or other charges leviable or payable under this ...
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2 votes
1 answer
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What is the difference between "under ..." and "stipulated by ..." in legal expression?

I have a question about whether I should use “under” or “stipulated by” in the sentence below. Responsible for navigation, cargo handling, fire and life-saving equipment, and other duties related to ...
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14 votes
2 answers
5k views

Where does outer space legally start?

Recently the Billionaire Space Race culminated with both Jeff Bezos and Richard Branson, doing what I can tell without any dispute, "going up" and "coming down". The claim that ...
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3 votes
1 answer
49 views

What are "a state's natural persons"?

I'm not asking about the definition of "natural person." I'm asking about the definition of the relationship between the state and the person that justifies the use of the grammatical ...
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2 votes
3 answers
66 views

Is there a commonly agreed definition of "third party" or does a contractual agreement have to define the term?

Does a contract have to define "third party" or does it have a standard meaning of "any entity not a party to this agreement"? If third party is not explicitly defined in an ...
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27 votes
2 answers
3k views

How far can the meanings of commonly used words be redefined by a legislature?

Most people understand "operating a motor vehicle" as driving, until they are arrested for DUI while sleeping off in their turned off car. Most people understand "loaded weapon" as ...
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1 vote
1 answer
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Am I person under New Zealand law?

New Zealand has an Interpretation Act 1999 with the purpose: (a) to state principles and rules for the interpretation of legislation; and (b) to shorten legislation; and (c) to promote consistency in ...
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1 vote
1 answer
37 views

"Concessions" meaning in this context

For the purposes of unlikeliness to pay as referred to in point (d) of Article 178(3) of Regulation (EU) No 575/2013, a distressed restructuring should be considered to have occurred when concessions ...
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1 vote
2 answers
70 views

How does the "Plain Meaning Rule" intersect with persons and corporations

The Plain Meaning Rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute. If a law is written and uses only the word "person" (or "...
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0 votes
1 answer
92 views

what does it mean if something is "Limited to intellectual property and copyright protection"?

What does it mean if a mobile app's use of encryption is "Limited to intellectual property and copyright protection"? Does that mean it doesn't contain any encryption that is patentable?
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1 vote
2 answers
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What is the difference between juridiction and law in a specific region?

The Wikipedia page of jurisdiction does not help me much to comprehend the concept. In my understanding it basically "law in specific region". I understand the concept is much more than that,...
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1 vote
0 answers
73 views

When would an area variance not be for a self-created difficulty?

When pursuing an area variance in New York State, the local Zoning Board of Appeals applies a five-factor balancing test to determine if they should grant the variance. One of these factors is if the &...
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7 votes
3 answers
2k views

Is there a term for using law as the basis of morality?

Legal moralism is when a society creates laws based on the prevailing morality of that society. Stuff like "we think green houses are immoral, so we made a law to ban green houses". Is there ...
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0 votes
1 answer
262 views

What does "Prima facie case is not to be confused with prima facie title" mean?

I do not know much about the law. I know prima facie means, but do not understand what it means in this sentence, which comes from an Indian court case: "Prima facie case is not to be confused ...
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2 votes
1 answer
148 views

Trying to find definitions for "bodily harm" and "Great bodily harm" in Florida law

I'm researching Chapter 784 in the Florida State laws. The problem I'm having is there's no general "terms and definitions" at the top like there are in other chapters. I searched to see ...
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2 votes
2 answers
647 views

What is the point of Devotion of All Working Time clauses?

In an employment contract I red: Devotion of All Working Time: During your employment, you shall devote the whole of your work time, attention and abilities to your duties and shall give the Company ...
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1 vote
1 answer
260 views

Calendar month in property letting (UK)

A tenancy agreement gives the end date of the tenancy as being on the 30th of a month, where the month has 31 days. The rent is stated as being amount x per calendar month. Is it right, therefore, ...
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0 votes
1 answer
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Defining a term within a US bill that does not match definition within US Code

I am currently attempting to draft a bill for an amendment I am trying to have introduced. Within the Definitions section, I am defining a "US Person". Within the USC (26 USC § 7701(a)(30)(A)) a US ...
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3 votes
1 answer
93 views

Is a carpark a road, given this definition in New Zealand law

I am wondering whether a car park would be considered a road. Per Land Transport Act 1998 interpretations a road is: (a) a street; and (b) a motorway; and (c) a beach; and (d) a place to ...
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7 votes
3 answers
2k views

Is there an authoritative definition of what a terrorist is?

An intelligent unbiased observer from another galaxy wants to understand the notion of a 'terrorist' because the alien sees: “One man’s terrorist is another man’s freedom fighter” Is there an ...
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0 votes
2 answers
190 views

Why is no language in the world defined by one single official entity?

As I understand, languages are mutable and shaped by their usage and the need for newer terms. The definitions of single words and expressions aren't always clearly defined by dictionaries. There are ...
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2 votes
0 answers
60 views

What is the meaning of "equality" in the South African constitution

In the South African constitution, the beginning of Chapter 1 reads: The Republic of South Africa is one, sovereign, democratic state founded on the following values: (a) Human dignity, ...
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2 votes
1 answer
72 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 ...
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0 votes
2 answers
122 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 ...
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-1 votes
2 answers
76 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 ...
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-1 votes
1 answer
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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 ...
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  • 103
2 votes
2 answers
745 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 ...
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2 votes
0 answers
72 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 ...
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2 votes
2 answers
155 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 ...
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2 votes
1 answer
145 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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