Questions tagged [definition]

For questions that seek to clarify the meaning of a term

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13
votes
5answers
991 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 ...
10
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1answer
370 views

How is the theft of stolen property handled legally?

Many definitions of "theft" include specific text regarding "the rightful owner" or a variant necessitating that the victim of theft owned the property. (emphasis mine) For example, The Free ...
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 ...
6
votes
3answers
752 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, ...
5
votes
2answers
16k 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 ...
5
votes
1answer
64 views

Are there any restrictions on “Open Access” material?

A video on Wikipedia claims that Open Access articles come with "full reuse rights" (sections 0:04 and 5:38). Are Open Access articles as open as public domain works? Is the definition of the ...
5
votes
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?
5
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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 ...
4
votes
1answer
630 views

Definition of “Direct Financial Benefit” in the DMCA Title 17

I run a website with pages for famous people, books, brands, movies, etc. Users can rate and discuss these things. Each page has a "profile picture", which is added by a user and then approved by a ...
4
votes
1answer
848 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 ...
4
votes
1answer
116 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. ...
4
votes
4answers
261 views

Is asking a banker the pros and cons of linking my SSN to my bank account considered requesting legal advice in California?

I opened a checking account in California and had the option to link my SSN (Social Security Number) to my bank account. The banker refused to tell me the pros and cons of linking my SSN to my bank ...
4
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1answer
5k views

Non-disparagement in California

Two somewhat unrelated questions on disparagement, specifically in the context of California: What is the current standing law with regard to non-disparagement clauses in contracts? I recall a recent ...
3
votes
2answers
595 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 ...
3
votes
1answer
76 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 ...
3
votes
3answers
10k 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?
3
votes
1answer
453 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 ...
3
votes
0answers
206 views

Difference Between Adrogation and Arrogation?

A Preceding Note: I do enjoy studying law and legal philosophies from time to time, but I'm not a legal student here or even in the legal sectors, so please try to put any explanation you have into (...
2
votes
3answers
274 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 ...
2
votes
1answer
141 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 ...
2
votes
2answers
215 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 ...
2
votes
1answer
92 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 ...
2
votes
1answer
130 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 ...
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 ...
2
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2answers
205 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
votes
1answer
105 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 ...
2
votes
1answer
56 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 ...
2
votes
1answer
1k 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 ...
2
votes
1answer
531 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, ...
2
votes
0answers
29 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
0answers
64 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
128 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 ...
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 ...
1
vote
2answers
154 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 ...
1
vote
1answer
50 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" ...
1
vote
1answer
324 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 ...
1
vote
1answer
482 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 ...
1
vote
1answer
281 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 ...
1
vote
2answers
854 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 ...
1
vote
1answer
29 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, ...
1
vote
1answer
70 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
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 ...
1
vote
1answer
77 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 ...
1
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2answers
314 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. ...
1
vote
1answer
121 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 ...
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 ...
1
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0answers
13 views

What is the difference between an adjudication and a proceeding? [duplicate]

What is the difference between an adjudication and a proceeding? Are they simply synonymous?
0
votes
2answers
1k 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 ...
0
votes
2answers
101 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 ...
0
votes
1answer
3k 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?