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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11
votes
12answers
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 ...
31
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4answers
4k 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?
0
votes
1answer
49 views

What is Jurisprunce?

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 Jurisprunce; what is its object of study, what are we ...
110
votes
5answers
14k 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, ...
2
votes
2answers
45 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 ...
39
votes
3answers
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 ...
3
votes
4answers
108 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 ...
0
votes
0answers
79 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 ...
0
votes
4answers
86 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 ...
0
votes
0answers
25 views

Historically, has the Categorical Imperative been used to establish “personal judicial precedent”?

Has the Categorical Imperative, or something similar, even been used historically to establish something that could perhaps be termed, “Personal Judicial Precedence”? By this, I mean a practice ...
-2
votes
1answer
113 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. ...
2
votes
1answer
309 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 ...
0
votes
0answers
42 views

Strict liabilty

In Civil Law legal system there is a distinction made. Proper Strict Liability which is plainly Strict Liability like used in the English Language( guiltless liability/ liability regardless of guilt ...
0
votes
3answers
94 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 ...
0
votes
1answer
91 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". ...
0
votes
5answers
421 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. ...
2
votes
2answers
115 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?
2
votes
1answer
112 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 ...
5
votes
1answer
19k views

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 ...
1
vote
2answers
5k 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 ...
1
vote
1answer
82 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 ...
-1
votes
1answer
79 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 ...
3
votes
2answers
17k 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 ...
1
vote
2answers
69 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 ...
6
votes
2answers
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 ...
1
vote
2answers
112 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 ...
3
votes
1answer
299 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 ...
0
votes
2answers
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,...
0
votes
2answers
84 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 ...
1
vote
1answer
46 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 ...
0
votes
3answers
159 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 ...
4
votes
1answer
260 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 ...
2
votes
1answer
124 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: ...
3
votes
1answer
117 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 ...
7
votes
1answer
715 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 ...
0
votes
2answers
857 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 ...
1
vote
1answer
265 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 ...
3
votes
2answers
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 ...
3
votes
2answers
1k 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 ...
3
votes
2answers
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 ...
2
votes
2answers
274 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 ...
2
votes
2answers
438 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 ...
-3
votes
2answers
146 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....
24
votes
2answers
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 ...
2
votes
2answers
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?
0
votes
3answers
202 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 ...
0
votes
1answer
203 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 ...
0
votes
1answer
131 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 ...
0
votes
2answers
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 ...
1
vote
1answer
84 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 "...