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Questions tagged [definition]

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2 votes
2 answers
465 views

In a legal proceeding, where is "fairness" defined?

I was involved in a rather formal administrative review. I got the impression that administration was determined to give the facade of fairness while arriving at a predetermined conclusion. One thing ...
0 votes
2 answers
88 views

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 ...
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 ...
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 ...
0 votes
1 answer
84 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 votes
1 answer
67 views

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 ...
1 vote
1 answer
55 views

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 ...
-1 votes
1 answer
89 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: ...
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, ...
-2 votes
1 answer
68 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?
2 votes
2 answers
158 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 ...
5 votes
1 answer
195 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 ...
1 vote
1 answer
96 views

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 ...
-2 votes
2 answers
207 views

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, ...
0 votes
0 answers
53 views

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 ...
4 votes
1 answer
269 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 ...
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 ...
3 votes
2 answers
321 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. ...
2 votes
0 answers
160 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 ...
10 votes
4 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 &...
-2 votes
2 answers
416 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”)?
-1 votes
3 answers
331 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 ...
0 votes
2 answers
67 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 ...
1 vote
1 answer
84 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 ...
0 votes
2 answers
142 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 ...
4 votes
1 answer
1k 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
1 answer
184 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,...
3 votes
2 answers
2k 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 votes
1 answer
53 views

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 ...
0 votes
0 answers
59 views

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 ...
2 votes
2 answers
647 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 ...
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 ...
3 votes
1 answer
229 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?
1 vote
1 answer
128 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) ...
2 votes
2 answers
5k 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 ...
5 votes
2 answers
164 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", ...
1 vote
1 answer
66 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 ...
1 vote
1 answer
62 views

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 ...
0 votes
1 answer
90 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’?
5 votes
2 answers
125 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, ...
1 vote
2 answers
130 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 (...
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 ...
0 votes
2 answers
308 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 ...
0 votes
2 answers
4k views

What is the difference between S4, S4A & S5 public order offences?

Please explain the differences between these three similar but distinct offences from the Public Order Act 1986.
8 votes
2 answers
914 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 "...
1 vote
1 answer
727 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: ...
4 votes
1 answer
222 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/...
1 vote
1 answer
276 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 ...
1 vote
1 answer
102 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?
-1 votes
1 answer
104 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"?