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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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 ...
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1answer
50 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 ...
2
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1answer
187 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
2k 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. ...
2
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1answer
190 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 ...
2
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1answer
171 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 ...
1
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1answer
181 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 ...
6
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2answers
485 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 ...
7
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1answer
716 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 ...
3
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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 ...
2
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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 ...
9
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1answer
11k 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" ...
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?

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