Questions tagged [legal-terms]
Use this when questioning the meaning of legal terms.
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in E&W, what is the "pre-action protocol"?
In Statutes of limitations and the pre-action protocol (PAP) it is stated that the "pre-action protocol (PAP) must be completed before a case is brought to court in England-and-Wales. Just what ...
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Is it considered a breach of confidentiality if data is uploaded to a website which only makes that data available to the uploader?
I'm a developer working at a company that handles sensitive banking information and recently, I've had troubles organising my code and thus posted it in a private repository on Github, which only I ...
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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 ...
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Does the doctrine of unlawful ouster apply throughout the common law world?
Like England for example? If so then why do English legal materials speak so much rather of illegal eviction than of unlawful ouster?
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Corporate reorganization - subsidiary rejoins parent?
I'm looking for a term to describe when a previously structurally segregated entity is brought back under the parent. I suppose merge isn't wrong here but I wondered if there was something more ...
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Is the use of" Strict Proof" inappropriate in an inquiry / discovery?
Florida Condominiums Statutes (FS718) require responses to certified email inquiries.
Suppose an inquiry asserts the Association has improperly engaged in X and requests that the association make ...
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What is the difference between the patents register and patents journal in the UK?
Whilst studying for my CIPA foundational exam 'UK Patent Law' I am coming across two terms: 'the patents journal' and 'the patents register'. The patents journal is published by the UK government ...
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What's the official term, or noun phrase, for "the last date at which a book states or reflects the law"?
I've seen this noun phrase in older judgments, but it slipped my mind. What's the official pithy term for this date? In other words, how can you briefly describe this date in this format ― the (last) ...
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wording in a legal document made in an Employment Tribunal in the UK
In a legal document, pertaining to an Employment Tribunal held in the UK, what does the following statement mean:
"Save as expressly admitted or denied above, no admissions are made as to any ...
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What is a material alteration or substantial alteration?
Florida Condo law: FS718.113 subsections (2a),(2b),(2c) prohibits:
"material alteration or substantial additions to the common elements"
"material alteration or substantial additions ...
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When do judges have the power to create law and has this power been reduced over time?
If there's no known offence either in directly citable case law, or explicitly defined in legislature-ratified statute, then where can a judge gain the power to define a novel offence on which to ...
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How do common law concepts like torts get named?
For example, some torts have names that aren't used in other contexts in English and appear to have come in from French for their legal usage's purpose. But what is the origin of the name of trover ...
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Terminlogy: lack of cause due to context
IANAL and choose this very basic, if not obvious, example to setup the question.
Bob is tried for shooting a person. Bob pleads innocence in the form of self defense: the other person drew his pistol ...
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Escheat of assets/company due to incompliance
As the term is laid out here, escheat is typically when assets are unclaimed (often due to death of owner). However, I'm unclear as to where exactly the emphasis is for this term.
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Is it that ...
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is it legal to read the code of github copilot?
I have already downloaded the extension from the Visual Studio Market place in the .VSIX file. and unzipped it ,Now I'm confused. What are these .wasm files and I tried to open the extension.js but it ...
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Competition research legality
Is it illegal to do competition research for somebody and thus be paid to do that? What if the competition has in its Terms of Use agreement a directive like: User may not use any information on the ...
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Is it legal to renew my secondment job contract without my consent?
I'm an employee of a company called X, And I works for a company called Y by a Secondment contract(Company X is in my country, Y is an overseas company.I'm getting paid through company X, by the money ...
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What is a vested interest?
We hear this phrase used a lot in political ranting, to describe various purportedly corrupt forces that are determined to do or maintain something due to an identifiable inx3ntive.
But it's just ...
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What are the parameters of ingredients which may be legally listed as natural flavourings in the UK?
A food product supplier has said:
Flavours are sold and marketed as natural if they are derived from the actual source. We use vanilla and chocolate flavours extracted from vanilla pods and cocoa ...
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What is/was "iudex non calculat"?
Wikipedia:
It originates from the Roman legal concept that obvious calculation errors in a court decision are not harmful to the decision itself and can be corrected at any time. Figuratively it also ...
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What is the nature and purpose of the UK highway code?
What type of instrument is a "code"? There seems to be an underlying statute, the Road Traffic Act, that it implements but what is the purpose of having a separate code?
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Does Mens rea need to be concious?
Mens rea or "guilty mind" is the mental element of a person's intention to commit a crime; or knowledge that one's action or lack of action would cause a crime to be committed. It is a ...
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How is an animal defined as in rule 286 of the UK highway code?
This came up in the comments thread of this question so it was suggested to ask it.
Is a fly an animal? Perhaps it must be one that is kept and thus keepable as chattel?
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What's the difference between a conviction that is spent and one that is expunged?
This came up in the comments thread of this question so it was suggested to ask it.
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Does "agree to negotiate" mean it has to happen?
We are in the process of purchasing some land, and one of the requirements of the contract is
The buyers, BUYERS_NAME, agree to negotiate a trade of land with the neighbors, NEIGHBORS_NAME, if ...
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Counter DMCA Google play
Suppose that a person received a DMCA takedown notice about a month ago and has filed a couple of counter notices, but and always gets an automated response saying "We are unable to take ...
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Renting a property for more than one year
I read the following sentence on a website regarding rental properties in Washington:
In Washington State, if your lease is longer than 1 year a Legal Description of the property is required along ...
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Where does the term common law come from?
The term for the legal system derived from the medieval English system is generally Common Law, as opposed to for example the Roman Law or the system derived from the French Code Civil (Civil Law).
I ...
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What is the difference in England between regulations and an Act?
In England for example sometimes are cited the coronavirus regulations rather than say the Highway and safety Act. What are the differences between these two types of instruments?
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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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Mandate vs Law Distinction
I have general concerns about government overreach and encroachments upon liberties.
On several occasions during the last two years I've heard people mention that a mandate is not a law.
I'd like to ...
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Is there a term for a contract where the parties make identical commitments?
Most contracts involve one person promising one thing and another person promising another thing. For example, in a tennancy agreement the landlord's obligations to the tenant are different from the ...
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What is the official resignation date when the registered post was delivered on time, but when to a collection point
I quit on 25th February and sent a letter (tracking with signature) to the HR department since my contract says that the resignation should be in written format.
The letter could not be delivered but ...
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Asking Judge What He's/She's Thinking
What is the legal term for when one wants to ask the judge what he/she is thinking? Such as just before a judgement is about to be handed down?
Would be helpful to know so would use the correct legal ...
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Is it libel if you claim someone said something that they actually didn't?
What is the legal term for claiming someone said something they never actually did, basically, putting words in their mouth? Is it called libel? Is it some other legal term? Or is there no legal term ...
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Looking for a law textbook that defines legal terms
Are there law textbooks that define legal terms? I would be very interested in such a book. I am a mathematician who likes terms to be defined precisely. I am sure in law classes, legal terms are ...
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What does "circumstantial evidence" mean in criminal procedure?
What does the term "circumstantial" or "circumstantial evidence" mean in a legal context, particularly in regard to criminal law? How is it different from other kinds of evidence. ...
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Legal/jurisprudential term to refer to any evidence that can be interpreted either way
Some time back, I had read a specific phrase used to refer to situations where some "evidence" can be interpreted either way.
For example:
Person A dies in a hospital and a syringe is found ...
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Am I breaking the non-compete clause of my job contract?
Suppose that a person W is about to start an internship at a company C soon, W just signed the contract. one of the clauses reads:
During the term of this contract, the Employee must not carry out ...
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Is consideration for services different than compensation?
The Company shall pay [X] Japanese yen per month (excluding applicable taxes) to the Service Provider as consideration for the performance of the Services (hereinafter referred to as the "...
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"I solemnly affirm" vs. "I affirm"
In many jurisdictions, one can swear or affirm with the same legal implications, although there are differences theologically. But what does it mean to "solemnly affirm"?
Does saying, "...
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What are the different names of anti-collusion laws?
Anti-collusion laws have different names. For example, they are called "antitrust laws" and "anti-monopoly laws" in China following Nishan (2021), and "anti-collusion laws&...
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Are slander and defamation the same thing?
@Dave One of the elements of slander is publication of the falsehood. The fact that people believe the falsehood and take action based upon it is part of the damages element in a slander case. Forming ...
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How does Australia split its legal profession?
I just got an interesting edit suggestion to my recent question by someone who just registered (perhaps for the purpose of this edit suggestion).
It proposes that "lawyer" is replaced with &...
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How did the UK change its name?
This is a question about the legal process of a state changing its name (not about why it changed its name).
In 1927 the Parliament of the United Kingdom of Great Britain and Ireland changed its name ...
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What do the different abbreviations after lawyer names mean?
There are numerous. I'm looking for anyone that could list them and answer what all mean and what they entail.
For example, ESQ, P.A., PLLC, etc.
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What's "a disposition to trusts"?
The word choice of disposition baffles me, because in ordinary 2021 AD English, disposition means "frame of mind, attitude, inclination; temperament, natural tendency or constitution of the mind&...
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Legal Definition of "Great Britain"
Great Britain is the geographical name of the largest island in the British Isles (sometimes inclusive of the smaller islands on its insular shelf) but the name has, at least in the past, also been ...
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Automatically updating a Steam user profile
Is it legal to automatically update a user profile on Valve's Steam network?
I looked through the subscriber and privacy agreements, but couldn't really find anything precise enough about it (or I ...
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Standards of diligence in statutory obligations
Are there established legal terms that characterize the standards of performance of statutory obligations by the government? These would certainly vary: For example, some obligations that don't ...
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