Questions tagged [definition]

For questions that seek to clarify the meaning of a term

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2
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0answers
28 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
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1answer
51 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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1answer
71 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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2answers
183 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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0answers
60 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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2answers
68 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 IRS: The term ...
-1
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1answer
49 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 ...
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2answers
98 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 ...
5
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3answers
825 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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3answers
449 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
834 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 ...
2
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2answers
111 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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29 views

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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0answers
27 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
57 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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0answers
41 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
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2answers
305 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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0answers
14 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 ...
5
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3answers
1k views

What's the difference between an accessory and an accomplice?

What are the definition of each and what exactly is the difference?
2
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1answer
98 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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0answers
25 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
47 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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1answer
268 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
910 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
103 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
126 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
1k 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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1answer
588 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
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
68 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
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
297 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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0answers
73 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
443 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 ...
2
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1answer
100 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
113 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
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3answers
268 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
154 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 ...
4
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1answer
775 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 ...
2
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1answer
482 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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5answers
859 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 ...
3
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1answer
433 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 ...
0
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2answers
959 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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2answers
15k 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 ...
4
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1answer
110 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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3answers
7k 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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2answers
753 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 ...
2
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2answers
204 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 ...
2
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1answer
87 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 ...