Questions tagged [legal-concepts]

For questions where you are comparing two related legal concepts. Consider using a more specific tag, or [definition].

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44 views

Would whether an item falls into a specific legal category be a question of law or a question of fact?

Sparked by this question: Can a judges decision to allow a matter to trial be appealed immediately, or only after the trial? On appeal, the appellate court grants an over-comeable presumption ...
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42 views

Legal principle that prevents criminal defendants from fighting their prosecution in civil court?

Is there some sort of legal principle that makes criminal defendants unable to try to defeat their prosecution in separate civil proceedings? For example, Bob (who could be a private person as well ...
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82 views

Categories of US law

Considering US law (federal, state and local), are there any laws which fall outside of the following categories (pulled from Wikipedia)? Criminal Law Tort Law Contract Law Property Law ...
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1answer
90 views

If a law doesn't exist prohibiting something, does that mean it's legal to do?

My question about is how does the law work in general. If someone does something, and no one can find a law that is being broken, then is the person free to do that thing? Or must a law give ...
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4answers
157 views

Is an illegal abortion a Malum in Se offense or a Malum Prohibitum offense?

Anglo-American Common Law generally divides criminal offenses into two categories. Malum in Se offenses are inherently wrong. This includes traditional offenses such as Murder, Robbery, and Assault. ...
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122 views

What is the opposite of the legal concept called ‘textualism’?

The concept of Textualism has as its main focus the precise letter of the law. What is the name of the opposite concept? An opposite concept would be where focus also is given to non-textual sources,...
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1answer
39 views

What are the formal steps that a legislator follows when enacting positive law? [closed]

Someone has a problem or unmet need. That person approaches a legislator with the problem or unmet need. The legislator follows a process to reason. The legislator follows a process to verbally ...
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71 views

Classification of laws from a perspective of consequences of action

I am looking for a classification of laws from a perspective of consequences of action. For example: "If you do this, something good will happen to you." "If you do this, something bad will happen ...
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3answers
138 views

Is there a legal principle regarding laws that cannot reasonably be complied with?

Is there any concept in the legal world that covers laws that are too difficult or impractical to comply with? Here's an example; suppose an American moves to the UK and buys a house. The mortgage is ...
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1answer
74 views

Is there a term for a set of laws where breaking one results in breaking others?

Is there a term for laws or regulations that are written to refer to other rules in the set such that breaking one also breaks other laws? An example is easiest way to show what I am describing: ...
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1answer
86 views

What does it mean for a statute such as § 2 (1) 7 AGG to “apply” but have no legal consequences?

I am in the process of finding out the legal framework surrounding anti-discrimination statutes in German public universities as it pertains to students (not employees of the university as they are ...
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47 views

What is the company structure that will effectively limit liability to the parent company, and not any of it's subdivisions?

I'm exploring different kinds of corporate structures. I'm in a unique situation where I have a very specialized construction industry but can operate under the blanket term "General contracting". ...
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135 views

Confused on superseding causes and foreseeability

Let's say I went for a swim and got all wet. Then, I decided to buy something in a vending machine and I got electrified (due to a wiring issue) and it affected my health negatively. Could I sue the ...
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2k views

why is a person allowed to lie in court and get away with it?

In a court of law, the defendant can tell as much lies as she wants in order to vindicate herself of the charges. But if the court finds them guilty, the false explanations that the person had given ...
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2answers
497 views

Legality of “tenant negligence” to make tenant pay for repairs

Background: I am a college student in South Carolina, USA. I'm currently in a dispute with my landlord, over what I think is an unfair assumption of negligence about a plumbing leak. Our water bill ...
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143 views

What does “reasonable” mean?

I have seen the phrase 'reasonable conditions' used quite often in legal texts, and I always get nervous, as I don't know how to interpret it. Imagine a Confidentiality and Assignment Agreement with ...
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183 views

What legally happens if the person being sued cannot pay the amount owed. (Special Case)

Here's a situation related to a story that's been in the news lately. I have no experience with any legal situations, so apologies for using incorrect terms/vocab. Conditions: The person being sued ...
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1answer
56 views

Are there ways to hold communal companies?

I'm going to give this a try: Suppose a group of people want a kind of non-profit, open-source company that anyone can donate to or derive assets from, that no singular person owns but still has some ...
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1k views

Selective Enforcement vs. Equal Protection

Does Selective Enforcement contradict Equal Protection? Obviously, it may be impractical for police officers to issue traffic tickets to every driver they observe exceeding the speed limit, so ...
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1k views

Legal remedies if a lower court ignores stare decisis?

Let's say hypothetically that lower courts en masse decide to ignore Supreme Court decisions. What legal alternatives are available to citizens if lower courts "Go rogue" and decides to ignore a ...
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132 views

Is investigative intimidation illegal?

I had an account a 'redacted' closed and they have told me that they are investigating my account and seeing if legal action needs to be taken. I take this as a deliberate threat of legal intimidation....
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9k views

Self incrimination during medical examination

If, during a medical examination, an alleged accused says anything that might incriminate himself, it should be neither recorded nor reported.[emphasis mine] source: Synopsis of forensic medicine and ...
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1answer
159 views

What problems would a celebrity releasing software patchers cause from a legal standpoint?

I've heard claims that Gigi Hadid has admitted to releasing the now-infamous Adobe Zii patcher for Adobe CC products (it was on her social media some time ago, now-removed by the hosts) and providing ...
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1answer
29 views

Is my understanding of the purpose of a License correct?

A license, as it applies to a professional license, drivers license, marriage license, software license is similar to the concept of a certificate, in that the purpose of such a thing is to have a ...
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47 views

Does failure to mention mean exemption in taxation

I've got some legal question, this might be just a semantic/language question. My colleagues and I have been arguing about this for some time now, because there's some level of ambiguity in the legal ...
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1k views

Explanation of “habeas corpus”

What body? And who has to have it? For what purpose? And then (it might be obvious once you've answered those questions, but please spell it out anyway) why is habeas corpus so central to the law?
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Why do legal documents often have a place next to the date?

I am talking about Switzerland. So why is there often a line for the place next to the date? Is it for some historic reason, to be easier to archive or is it to prevent fraud? Does anybody know more ...
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1answer
57 views

Can the judiciary “legalize” something?

The headline for an article in today's New York Times reads: "Court Ruling Could Make Taiwan First Place in Asia to Legalize Gay Marriage" My question is whether this can truly be considered "...
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If you commit a crime in an airport, are you tried under maritime law?

Airports occupy an interesting legal grounds, wherein they are not technically a part of the country they are in (hence tax-free purchases in duty-free), and yet still must obey some set of laws. By ...
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560 views

Is it legal to use some sound effects that are identical or found on some famous TV shows or other games for your own game project?

I found this sound effect resource for my mech game, but these sound effects are used in the Gundam series. I know there are some shows and games other than Gundam that use identical sounds. Is it ...
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1answer
1k views

Are US laws descriptive, or prescriptive?

Is there some overarching philosophy to the motivation of US laws, especially recent ones? To what extent do laws describe customs already established in society, and to what extent are they ...
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1answer
698 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 ...
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1answer
959 views

Major difference between criminal and civil law being that there has to be no specific victim in former?

Is it true that while for prosecution according to civil (private) law there has to be a party that has been wronged (I'm going to refer to as "victim" from now on) while for criminal law that does ...
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3answers
177 views

What different legal-systems are there?

What legal systems are there in the world and are they directly related to political structure? I guess something like: You're wrong until proven right You're right until proven wrong Also what is ...
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1answer
80 views

Legal differences between birth records and hospital records?

In the U.S. and Canada, I believe birth records are private -- they aren't things anyone can get without some express consent or being the relevant party or their parents/guardian/etc. My question ...
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1answer
208 views

How are the interests of civil and criminal justice served when in conflict?

Tom made an interesting observation: It is very common to have a civil lawsuit brought that implicates criminal laws, but not have the criminal violations be charged. For example, if you steal ...
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393 views

What is arbitration and mediation?

What does it mean to resolve disputes with arbitration and mediation? I understand that they're alternatives to going to court, but how can companies or individuals enforce this with contracts? What I ...
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1answer
46 views

For strict liabiity, how does a change in facts produce a different result, even when the relative weights of the policies remain the same?

Source: p 204, Thinking Like a Lawyer: An Introduction to Legal Reasoning (2010, 2 ed) by Kenneth J. Vandevelde The imposition of strict liability on abnormally dangerous activities illustrates ...
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1answer
120 views

Possible to take online classes in a university in a different country without Visa?

So someone pointed out to me that there's an extremely cheap site for online classes, but it's in another country. If the classes are online and enrollment can be done via the internet, would one ...
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2answers
821 views

What are the different kinds of rules/procedures that describe what counts-as/constitutes a rule change and what kinds of problems can they cause?

This is a question about legislation, including constitutive rules and administrative law To give some context, I am interested in legal reasoning (as in a logic of law), but I am not a legal-expert. ...
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1answer
118 views

How does one ask the court to recuse an attorney due to a perceived conflict of interest?

Is there a legal principle or process that can be used to ask a court in the US - either at the time of filing or during a legal proceeding - to consider recusing an attorney from the opposing side ...
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1answer
111 views

Are perceived conflict of interests fairly subjective?

Are perceived conflict of interests fairly subjective? What can encourage an attorney to recuse themselves from a case or client while another might not? Is a court of law the final authority on what ...
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1answer
145 views

Is this a case of being able to ask for a writ of mandamus?

Is this a case of being able to ask for a writ of mandamus from district court? Person A has Neighbor B who owns several dogs that bark beyond the statutory limits in city code. Person A has filed ...
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2answers
300 views

Police misconduct: Who could be charged?

Suppose a police officer commits a misdemeanor in the line of duty: Let's say that as an act of retaliation he seized something as "evidence," in such a way that he satisfies the criteria for ...
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1answer
434 views

How can Not Guilty by Reason of Insanity and Guilty but Insane exist in the same legal system?

I was reading about the two types on insanity pleas, known as NGBI and GBMI. For example, a good excerpt is here on Google Books. However, something very obvious is bothering me: How can you have a ...
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7k views

Can you take an employer to court for false promise?

When I was interviewing for a contractor job, the hiring manager indicated many times that they would convert my position to full time job within one year. (I resigned from my full time job to take ...
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1answer
185 views

Explain the concept of “filing a claim on behalf of the government”

An article on Wall Street Journal stated that for false patent marking and whistle-blower laws: ...Anyone can file a claim on behalf of the government, and plaintiffs must split any fine award ...
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9k views

What are the differences between “Malum In Se” and “Malum Prohibitum” Laws

"Malum In Se" and "Malum Prohibitum" are Latin phrases, but beyond their translations what differences do they carry with them in describing laws? Malum In Se meaning "That which is wrong in itself" ...
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3k views

When is ignorance a legal defense?

In the United States, under what circumstances is ignorance of a law or legal principle a defense against legal action?