Questions tagged [definition]

For questions that seek to clarify the meaning of a term

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Information Reporting Obligation After Ceasing "U.S. Person" Status Mid-Year

According to the IRS website: A U.S. person, including a citizen, resident, corporation, partnership, limited liability company, trust and estate, must file an FBAR to report: A financial interest in ...
AlanSTACK's user avatar
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Federal Rule of Civil Procedure 5.1 (Constitutional Challenge to a Statute)

Can somebody tell me the meaning of the following sub-clauses in FRCP 5.1? Here is the wording exactly as it appears in the book: (1) file a notice of constitutional question stating the question and ...
ILCTrent's user avatar
9 votes
3 answers
2k views

Legal definition of a "criminal record"

This news article starts with: One in three Americans have a criminal record, according to the Bureau of Justice Statistics. Simply being arrested, even without a conviction, can lead to lifelong ...
Roger's user avatar
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-1 votes
1 answer
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What does a court or arbiter use to define words and concepts that are not in a legal dictionary?

Let's say that I am given five thousand dollars to make a mural on some business's exterior wall with paintings of dinosaurs on it, those being the words in the contract, and in the painting it ...
R-Obsessive's user avatar
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1 answer
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Is a relationship consultant an introduction agent?

With regard to Part 5.1 (starting on page 81) of the Australian Consumer Law and Fair Trading Act 2012 regarding introduction agents, I have the following hypothetical question: Let us suppose that ...
Monty Wild's user avatar
-1 votes
1 answer
87 views

Is there a precedent for the legal definition of "someone"?

It seems strange that there would not be any previous legal cases that explicitly define the legal term "someone" as referring only to a "person". Yet this was filed on 2023-08-30: ...
Ray Butterworth's user avatar
4 votes
1 answer
1k views

Why are "sex" and "place of birth" omitted in some of the clauses of the Indian constitution?

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, ...
Sreeraj Chundayil's user avatar
-2 votes
1 answer
65 views

What is the disposal of premises?

Part 4 Equality Act 2010 makes extensive references to the disposal of premises. What specifically does this concern?
TylerDurden's user avatar
2 votes
2 answers
153 views

Does this definition of harassment have any legal basis?

Does the following definition of harassment have any legal basis? The gym’s dignity and inclusion policy states: “Harassment is a form of unlawful discrimination. It is unwanted conduct related to a ...
TylerDurden's user avatar
5 votes
1 answer
184 views

Is there a legal definition or meaning for "support the Constitution"?

This question is not specific to Florida which is only provided as an example. Florida Statute 99.021 requires an "oath or affirmation": For state elective offices: ... that he or she will ...
Rick Smith's user avatar
7 votes
3 answers
3k views

Is there a definition/test for "lack of merit" (legal arguments)?

Say in Bob v Rob there is a legal argument about how the law applies to a certain factual situation. Bob interprets/applies the applicable law one way. Rob — a different way. Both sound reasonably ...
Greendrake's user avatar
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Would manga fall within POCSO, section 15?

Section 15 Protection of Children from Sexual Offences Act, 2012 includes this: Any person, who stores or possesses pornographic material in any form involving a child for commercial purpose shall be ...
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What does "derived from" mean in copyright? [duplicate]

In copyright law the right to create a derivative work is restricted to the copyright holder. The definition of derivative work from the US Copyright office seems a little circular: A derivative ...
User65535's user avatar
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-2 votes
2 answers
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Interpretation of the term "fully enclosed area" [closed]

My HOA in Colorado USA, has the following rule Each Lot shall provide a fully enclosed area for containment of trash, garbage or other garbage, and each Lot at all times shall be kept in a clean, ...
Sam's user avatar
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0 votes
2 answers
65 views

A prior offence vs. 2 or more prior offences

I am confused about the following statement. First it says: a prior offence in the last 10 years, you will be disqualified from holding a driver's licence for 3 years from the date of the conviction ...
Maurice's user avatar
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3 votes
2 answers
284 views

Is the term "commercial purposes" defined in Indian law?

For example in various laws related purchase of machinery and consumer rights , Intelectual property / patent or in extreme cases pornography or the term "for commercial purpose" is used. ...
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-2 votes
2 answers
316 views

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”)?
TylerDurden's user avatar
-1 votes
3 answers
279 views

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 ...
Monty Wild's user avatar
0 votes
2 answers
63 views

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 ...
m_a_s's user avatar
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1 vote
1 answer
73 views

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 ...
rahulgupta's user avatar
0 votes
2 answers
138 views

"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 ...
user avatar
1 vote
1 answer
153 views

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,...
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0 votes
1 answer
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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 ...
Opsim's user avatar
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0 answers
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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 ...
IndianLawApplicant's user avatar
2 votes
2 answers
513 views

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 ...
account26633's user avatar
6 votes
2 answers
1k views

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 ...
Maurice's user avatar
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3 votes
1 answer
228 views

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?
TylerDurden's user avatar
1 vote
1 answer
124 views

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) ...
S.O.S's user avatar
  • 601
2 votes
2 answers
4k views

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 ...
S.O.S's user avatar
  • 601
5 votes
2 answers
157 views

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", ...
James Geddes's user avatar
1 vote
1 answer
58 views

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 ...
tuket's user avatar
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1 answer
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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 ...
182727372's user avatar
0 votes
1 answer
85 views

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’?
TylerDurden's user avatar
5 votes
2 answers
121 views

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, ...
Paul Johnson's user avatar
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1 vote
2 answers
126 views

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 (...
Shawn V. Wilson's user avatar
2 votes
1 answer
139 views

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 ...
AlanSTACK's user avatar
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2 votes
0 answers
145 views

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 ...
JamesTheAwesomeDude's user avatar
4 votes
1 answer
215 views

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/...
user90041's user avatar
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0 votes
2 answers
279 views

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 ...
AlanSTACK's user avatar
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1 vote
1 answer
630 views

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: ...
macraf's user avatar
  • 113
8 votes
2 answers
907 views

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 "...
John Jacob Jingle's user avatar
1 vote
1 answer
232 views

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 ...
JosephCorrectEnglishPronouns's user avatar
2 votes
2 answers
148 views

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 ...
user avatar
1 vote
1 answer
100 views

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?
JosephCorrectEnglishPronouns's user avatar
-1 votes
1 answer
103 views

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"?
JosephCorrectEnglishPronouns's user avatar
6 votes
2 answers
2k views

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 ...
cppbest's user avatar
  • 63
0 votes
1 answer
50 views

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 ...
Sam's user avatar
  • 660
9 votes
3 answers
3k views

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 "...
user107952's user avatar
0 votes
1 answer
118 views

"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 ...
chicaogian's user avatar
3 votes
1 answer
148 views

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 ...
Mikhail Orlov's user avatar