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Questions tagged [legal-concepts]

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3 answers
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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. ...
Tim Davis's user avatar
  • 101
0 votes
1 answer
143 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&...
123321123321's user avatar
2 votes
2 answers
193 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 ...
user avatar
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 ...
user avatar
3 votes
1 answer
226 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 ...
user avatar
1 vote
1 answer
379 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 ...
S.O.S's user avatar
  • 601
2 votes
1 answer
127 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?
TylerDurden's user avatar
-2 votes
2 answers
200 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 ...
KhalDrogo's user avatar
1 vote
1 answer
73 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 ...
Goddoll's user avatar
  • 11
3 votes
1 answer
140 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 ...
CheeseBeer's user avatar
-1 votes
2 answers
373 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 ...
gatorback's user avatar
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-3 votes
1 answer
316 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?
Someone's user avatar
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-1 votes
1 answer
64 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 ...
user46949's user avatar
0 votes
1 answer
454 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 ...
Jez's user avatar
  • 1,127
1 vote
1 answer
310 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 ...
JosephCorrectEnglishPronouns's user avatar
38 votes
10 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 ...
user30303's user avatar
  • 487
8 votes
2 answers
2k views

Is natural law a type of common law?

Is natural law a type of common law?
Geremia's user avatar
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1 vote
1 answer
80 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 ...
sunyaer's user avatar
  • 11
0 votes
2 answers
85 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 ...
Maria Alaniz's user avatar
1 vote
0 answers
72 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 ...
MLD Traduction's user avatar
8 votes
1 answer
597 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 ...
Robert Columbia's user avatar
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 ...
Qwerty's user avatar
  • 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 ...
James's user avatar
  • 275
10 votes
4 answers
15k 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 ...
Robert Columbia's user avatar
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)?
al-harumi-jidan's user avatar
-3 votes
3 answers
211 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 ...
mavavilj's user avatar
  • 141
-1 votes
3 answers
109 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/...
mavavilj's user avatar
  • 141
-4 votes
2 answers
211 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 ...
mavavilj's user avatar
  • 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 ...
Craig's user avatar
  • 229
7 votes
4 answers
560 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 ...
George Ntoulos's user avatar
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 ...
Carduus's user avatar
  • 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 ...
i_prob_should_know_this's user avatar
0 votes
0 answers
96 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 ...
tutizeri's user avatar
  • 101
0 votes
4 answers
139 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 ...
lfba's user avatar
  • 55
-2 votes
1 answer
120 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. ...
pizi's user avatar
  • 107
3 votes
2 answers
222 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 ...
George Ntoulos's user avatar
0 votes
3 answers
105 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 ...
Linux_user0987's user avatar
123 votes
5 answers
17k 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, ...
user7393973's user avatar
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?
gudako's user avatar
  • 283
2 votes
1 answer
194 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 ...
Senator Jerry's user avatar
1 vote
1 answer
281 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 ...
MoniqueH's user avatar
0 votes
2 answers
152 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 ...
George Ntoulos's user avatar
1 vote
2 answers
92 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 ...
sharur's user avatar
  • 8,801
1 vote
2 answers
129 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 ...
Wolf Larson's user avatar
3 votes
1 answer
881 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 ...
fetcheatable's user avatar
0 votes
5 answers
796 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. ...
Robert Columbia's user avatar
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,...
MOLAP's user avatar
  • 135
1 vote
1 answer
54 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 ...
DAN BHATT's user avatar
  • 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 ...
DAN BHATT's user avatar
  • 111
0 votes
3 answers
192 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 ...
CodyBugstein's user avatar