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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37 votes
10 answers
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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 ...
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1 vote
1 answer
28 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 ...
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0 votes
2 answers
70 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 ...
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2 votes
0 answers
60 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 ...
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8 votes
1 answer
507 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 ...
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17 votes
11 answers
6k 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 ...
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19 votes
3 answers
4k 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 ...
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  • 285
8 votes
3 answers
1k 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 ...
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0 votes
1 answer
63 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)?
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-3 votes
3 answers
181 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 ...
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  • 113
-1 votes
3 answers
96 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/...
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  • 113
-5 votes
2 answers
145 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 ...
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  • 113
11 votes
12 answers
6k 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 ...
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3 votes
3 answers
212 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 ...
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3 votes
2 answers
53 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 ...
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39 votes
2 answers
8k 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 ...
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0 votes
0 answers
89 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 ...
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0 votes
4 answers
96 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 ...
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-2 votes
1 answer
116 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. ...
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2 votes
2 answers
165 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 ...
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0 votes
3 answers
97 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 ...
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116 votes
5 answers
15k 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, ...
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2 votes
2 answers
125 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?
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2 votes
1 answer
127 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 ...
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1 vote
1 answer
109 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 ...
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0 votes
2 answers
122 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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1 vote
2 answers
83 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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1 vote
2 answers
116 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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3 votes
1 answer
387 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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0 votes
5 answers
532 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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0 votes
2 answers
3k 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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1 vote
1 answer
48 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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  • 111
0 votes
2 answers
85 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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  • 111
0 votes
3 answers
173 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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2 votes
1 answer
151 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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3 votes
1 answer
126 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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0 votes
1 answer
96 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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1 vote
1 answer
275 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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2 votes
2 answers
6k 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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3 votes
2 answers
2k 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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3 votes
2 answers
2k 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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2 votes
2 answers
296 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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  • 23
3 votes
4 answers
119 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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  • 207
6 votes
2 answers
2k 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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  • 279
3 votes
2 answers
2k 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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-3 votes
2 answers
147 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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24 votes
2 answers
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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  • 351
0 votes
1 answer
212 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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0 votes
1 answer
141 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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  • 155
0 votes
2 answers
52 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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