Questions tagged [legal-concepts]
For questions where you are comparing two related legal concepts. Consider using a more specific tag, or [definition].
90 questions
9
votes
3
answers
4k
views
Faulty legal advice
Perhaps because I usually don't consult lawyers, I don't have a sense about how they provide legal information. I have this imaginary scenario in my mind.
Here is one of many possible examples. ...
- 101
0
votes
1
answer
149
views
Is it legal to profit from explaining a book's content?
I was wondering if explaining a book's contents on a potentially monetized Youtube channel is similar to simply being a tutor or teacher if the book is freely available online via "pressbooks&...
- 31
2
votes
2
answers
240
views
What are some exceptions to the principle of "lex specialis" that aren't "lex superior" and "lex posterior"?
The legal principle of lex specialis is that the special law derogates the general law in case of inconsistency. The primary alternatives to it are:
Lex superior - the effect originating from the ...
user49663
17
votes
3
answers
5k
views
Is there any merit in continuing to fight a trial despite an overwhelming chance of losing and there being no plea deal?
For example, if the evidence is overwhelmingly against them and the defendant knows they are guilty and there is no chance for a lesser sentence or a plea deal (happens in certain jurisdictions), is ...
user49663
3
votes
1
answer
270
views
Why are religious figures given the status of "legal person" in India?
In India, religious figures have been given the status of legal person, and from the case law, I've read there doesn't seem to be a clear rationale for this. Corporations and organizations are also ...
user49663
1
vote
1
answer
610
views
Is it illegal to threaten to present criminal charges in a civil lawsuit?
New Jersey Rule of Professional Conduct 3.4(g) provides that an attorney “shall not … present, participate in presenting, or threaten to present criminal charges to obtain an improper advantage in a ...
- 601
2
votes
1
answer
149
views
What is the "fringe on the flag" argument?
Another answer on this question refers to the "fringe on the flag" category of arguments. What is the "fringe on the flag" argument?
-2
votes
2
answers
222
views
Can academic writings be a source of unwritten law?
This might be a weird question but can academic writings be a source of unwritten law like customary law ? And do things like customary law and something like this require a judiciary to interpret or ...
- 17
1
vote
1
answer
93
views
Does the ADA require society to refer individuals suffering from addiction to mental healthcare?
I had a question cross my mind, and I asked Google to help me out. "Hey Google, is addiction legally a disability?"
The answer met my ears in seconds: "Addiction is generally considered ...
- 11
3
votes
1
answer
202
views
If I dispute a debt, and the creditor agrees to waive it, do I implicitly acknowledge the debt by accepting the waiver?
A debt collection agency engaged a law firm to send me a letter of demand. The debt is 5 years old and I am not aware of it until I received the demand letter. From my perspective, I don't owe the ...
- 79
-1
votes
2
answers
535
views
How to address a Conclusory Statement
I understand that a conclusory statement consists of, or relates to, a conclusion or assertion for which no supporting evidence is offered.
UPDATE: Assume that Bob worked in the US in 2021 and had a ...
- 7,205
-3
votes
1
answer
337
views
Is "constiption" a recognized legal concept?
Quite a few questions have been asked about "constiption" on Law SE and other SE sites. Is "constiption" a real legal concept?
- 17.3k
-1
votes
1
answer
68
views
What is multi-fold argument ? please can you explain with examples? [closed]
What is multi-fold argument ? please can you explain with examples?
Does multi-fold argument mean multiple stages of proof, where one ends at a stage if the stage is sufficient to prove what is to be ...
0
votes
1
answer
629
views
Serving legal documents by recorded delivery - different name signed on receipt?
I've sent a response to a demand for payment of debt by recorded delivery. The Royal Mail tracker indicates that the letter was delivered and signed for, although the name given and the signature are ...
- 1,137
1
vote
1
answer
423
views
How did balance of probabilities come to be called preponderance of the evidence in the US?
The civil standard of proof is rather than "beyond a reasonable doubt" (what criminal standards of proof are called in both England and the US), either the balance of probabilities or a ...
40
votes
12
answers
11k
views
Why are there no laws rewarding people
It might sound like a stupid question, but I am not a legal expert. The positive laws prohibit certain acts and punish those who perform the acts. However, do the laws always prohibit and punish? And ...
- 507
8
votes
2
answers
2k
views
1
vote
1
answer
105
views
What are administrative penalties?
This is from Building Code Act, 1992
Administrative penalties
15.4.1 (1) A municipality may require a person, subject to such conditions as the municipality considers appropriate, to pay an ...
- 11
0
votes
2
answers
98
views
Is a desire for vindication a legitimate reason for a lawsuit?
I understate that a judge can often determine a monetary payment for the violation of a law.
But, what if the primary motive for undertaking a law suit is to not be the fool of the other?
Is it better ...
- 512
1
vote
0
answers
78
views
Where can I find ‘The Common Law: Judicial Impartiality and Judge-Made Law’?
I’m working on the translation of a document, which quotes a substantial part of this text: ‘The Common Law: Judicial Impartiality and Judge-Made Law’ by H. K. Luke.
After some research, I realized ...
- 221
8
votes
1
answer
618
views
Is there "evidence-based" practice in law?
"Evidence-based practice" (sometimes colloquially called "what works") is a buzzword floating around many professions nowadays, especially medicine and education. The idea is to ...
- 3,853
17
votes
11
answers
7k
views
Why can't the current legal system handle liability for harm caused by artificial intelligence?
I'm confused about why people claim that current legal system cannot handle any wrongdoings of algorithms that involve artificial intelligence. The claim is that it is impossible to find who is liable ...
- 195
18
votes
3
answers
5k
views
Everything which is not forbidden is allowed
I've read that "Everything which is not forbidden is allowed." I don't know if this is strictly true in the USA.
I also saw in another question that the following Colorado law exists for ...
- 275
10
votes
4
answers
21k
views
Are there any legal systems where "guilty until proven innocent" is actually a thing?
Related: What different legal-systems are there?
The idea of "innocent until proven guilty" is sometimes thrown around as an example of American exceptionalism, but it turns out that this is ...
- 3,853
0
votes
1
answer
70
views
Is the term "dividend" relevant only for companies?
Is the term "dividend" relevant only for companies?
Or is it relevant to other types of corporations as well (such as a simple partnership of 2 or more partners)?
-3
votes
3
answers
214
views
What if a citizen does not accept all laws? [closed]
What if a citizen does not accept all laws?
Are there exceptions, when it's not reasonable?
Or are laws so "well-developed" so that one should believe in their rationality without ...
- 141
-1
votes
3
answers
118
views
What are some domains of law, where linguistic interpretations can be very vague and multi-interpretable?
What are some domains of law, where linguistic interpretations can be very vague and multi-interpretable?
By this I mean domains, where it's not very easy to understand what has happened, what's right/...
- 141
-4
votes
2
answers
219
views
How can one utilize an "objective observer", if one cannot be such?
How can one utilize an "objective observer", if one cannot be such?
When this "objective observer" is utilized. E.g.
X is unlawful, if an objective observer would interpret it as ...
- 141
12
votes
12
answers
7k
views
Neither guilty or not guilty
This is an entirely theoretical question, but I am not sure how it is explained.
Consider someone committed a crime, but due to lack of evidence the charges are dropped. A lot of people would say they ...
- 229
7
votes
4
answers
644
views
What is Jurisprudence?
I am a Law Student in Greece trying to understand what Law is a what Jurisprudence is and what the jurisprudential method of thinking is.
What is Jurisprudence; what is its object of study, what are ...
- 250
3
votes
2
answers
64
views
Do any countries have effective policies that bolster common convention and the rule of law itself?
In the United States, we have a problem where a certain individual continues to flout long-held common convention, safeguards against autocratization, and even several very old and cherished laws that ...
- 439
38
votes
3
answers
9k
views
Is it a real legal principle that any ambiguity in a contract is interpreted to the benefit of the side that did not write the contract?
I have heard that there is a legal principle where any ambiguity in the contract is interpreted to the benefit of the side that did not draw up or suggest the contract text. This was presented to me ...
0
votes
0
answers
103
views
What is the legal principle for which a person is not guilty of another person's crimes
I'm asking a general question, not particular of the law of a specific country.
There is a named legal principle for which a person is not responsible for crimes, guilts or responsibilities of his ...
- 101
0
votes
4
answers
169
views
What does it mean that something is enforceable?
What does it mean that a contract (or a sentence) is enforceable?
Does it always mean that force can be used to fulfil such contract?
Does it always mean that failing to fulfil such contract would ...
- 55
-2
votes
1
answer
123
views
Is there a legal difference between using pharmageddon or the implied meaning of the word pharmageddon?
In one documentary's trailer, one doctor says, "Let's be honest, a number of medical schools are run by pharmageddon."
Pharmageddon doesn't literally mean anything, but it implies something. ...
user4504
3
votes
2
answers
227
views
Strict liabilty
In a Civil Law legal system there is a distinction made.
Proper Strict Liability which is plainly Strict Liability as used in the English Language (guiltless liability/ liability regardless of guilt ...
- 250
0
votes
3
answers
138
views
Can a company change its contract only for a specific person?
If a rich man is doing business with a company and they want him to sign a contract, can they present him with a different contract than the one they give to other customers to try and take advantage ...
- 109
127
votes
5
answers
18k
views
Who is supposed to teach the law to the citizens?
As I understand, in general, not knowing the law does not excuse violating it.
That should apply to most if not all jurisdictions in most cases with very few exceptions.
From personal experience, ...
- 963
1
vote
2
answers
143
views
How to reconcile opposing legal answers?
A fraud in the terms of use has two opposing answers: one said it was a fraud, while some said it was not.
How do I reconcile those answers?
- 283
4
votes
2
answers
293
views
Isn't paying overdue taxes an indirect admission of guilt?
People are strongly advised to pay taxes due, regardless of how old they may be.
But wouldn't it seem obvious that paying taxes due years back would be somewhat of an admission of guilt? You are ...
1
vote
1
answer
367
views
Can I use a pen name that is a trademark?
I am about to publish my first novel under a pen name. This is not the name, but I will use the example of Monique Jay-Wood. I have done a trademark search and "Jay Wood" is trademarked. Is it better ...
- 11
0
votes
2
answers
181
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 ...
- 250
1
vote
2
answers
96
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 ...
- 8,879
1
vote
2
answers
130
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
...
- 13
3
votes
1
answer
1k
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 ...
- 129
0
votes
5
answers
869
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. ...
- 3,853
1
vote
2
answers
4k
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,...
- 135
1
vote
1
answer
59
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 ...
- 111
0
votes
2
answers
96
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 ...
- 111
0
votes
3
answers
198
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 ...
- 498