Questions tagged [definition]
For questions that seek to clarify the meaning of a term
71
questions
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3answers
50 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 ...
27
votes
2answers
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 ...
2
votes
1answer
88 views
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 ...
1
vote
1answer
25 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 ...
1
vote
2answers
66 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 "...
0
votes
1answer
66 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?
1
vote
2answers
65 views
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,...
1
vote
0answers
40 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 &...
7
votes
3answers
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 ...
0
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1answer
135 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 ...
2
votes
1answer
97 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 ...
2
votes
2answers
208 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 ...
0
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0answers
33 views
What does it mean to be “in the United States” in the context of “reform” of data privacy?
I had a question regarding data privacy reform and how it would interact with the phrase “in the United States.” The specific issue is the question of physical storage and accessibility of the data. ...
1
vote
1answer
59 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, ...
0
votes
1answer
36 views
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 ...
3
votes
1answer
86 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 ...
7
votes
3answers
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 ...
0
votes
2answers
113 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 ...
2
votes
0answers
53 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, ...
2
votes
1answer
61 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
79 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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votes
2answers
75 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 ...
-1
votes
1answer
53 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 ...
2
votes
2answers
352 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
69 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
135 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 ...
2
votes
1answer
102 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
42 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
1k 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 ...
6
votes
3answers
1k 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
159 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
1answer
60 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
2k 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 ...
2
votes
1answer
402 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
2k 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
136 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
162 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
1k 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 ...
6
votes
4answers
1k views
What's the difference between an accessory and an accomplice?
What are the definitions of each and what exactly is the difference?
1
vote
1answer
43 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
103 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 ...
3
votes
2answers
239 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 ...
1
vote
1answer
4k 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
321 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
82 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
513 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
44 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
108 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
136 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
2k 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 ...
