Questions tagged [legal-terms]
Use this when questioning the meaning of legal terms.
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Are there any (anglophone) countries besides the US that declare grenades to be "weapons of mass destruction"?
18 USC § 2332a(c)(2) defines a "weapon of mass destruction" to be "any destructive device as defined in section 921 of this title" (besides some things more widely considered as ...
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How to obtain financial data legally for business uses? [closed]
I am working on a project to design some strategy based on the financial data of stocks. I want to design a website and making it publically available, but I am not sure if I can used scraped data ...
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Can signing up for a service waive all future rights to sue a company or its subsidiaries
I saw a recent article that was talking about signing up for a Disney+ account waives your right to sue Disney and it subsidiaries as as there is a binding arbitration clause in the user agreement. Is ...
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Clarification on Copyright and Usage Rights for Logo Created with Purchased Font [duplicate]
I am planning to purchase a font from a website that also provides logo creation services using the font. The license agreement for the font allows for "Logos & Branding for commercial use.&...
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What exactly is code and how does it relate to law? Where does it fit into the hierarchy of law?
(I am not legally versed.) I am studying building and construction codes and am having some trouble understanding code in a general sense. First, how exactly is code defined? How is it distinct from ...
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What is the name for introducing new justifications when the original justifications are disproved?
I am asking about whether there is a general principle in law in cases such as the following. If there is, what is its name.
An employer is entitled to dismiss an employee for a number of possible ...
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In UK civil practice, what is the correct term for for an ultimate judgement after multiple hearings?
I have, for an extended period, been the claimant in a UK (England & Wales) Employment Tribunal action. We have progressed past a five-day Hearing plus a one-day Remedy Hearing, the judge ...
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Interest v. Right [duplicate]
How does interest differ from right? Please differentiate their meanings?
9 With respect, this is why it was questionable for French CJ to suggest that it is possible
to create a trust in which ‘...
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Why was Trump's hush money payment considered a campaign contribution?
The argument I read online is that it's part of the "catch and kill" process that is used to benefit Trump's campaign and protect his reputation. But, there are other benefits to Trump to ...
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Is there a legal difference between "substantial" and "significant"? (US law)
I am currently studying for the California Bar exam. When I memorize my rule statements I often mix up "substantial" and "significant".
For example, sometimes I say "A ...
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Use creations made by AI tools
Do we have the right to use an image or text or other generated by Google Bard / Gemini / other known AI tool and put it on our site for example?
or do you have to pay for the tool like microsoft / ...
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What determines (commercial) "use" for e-book or online blog?
I've been trying to understand the parameters of what defines "use" of an e-book or a blog. I'm specifically considering the Creative Commons CC-BY-NC license.
Some uses are simple: you can'...
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Probability In Legal Cases - Evidence vs Information
While reading Probability and Statistics books related to Legal cases, I came across usages of two terms - Evidence and Information - that are a bit confusing to me. Specifically, while solving a ...
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Can Merrill 401k Company Legally withhold my 401k from me when it's under $5k total balance? [closed]
I've recently undergone a horrible experience with mess of a failed construction project ending in an architect suing me for a large sum of money for prints that will always be unusable to me. This is ...
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Entities and persons (whether natural or legal)
I'll first set out my understanding as follows but you please correct me as applicable:
I understand that an "individual" is different from an "entity".
An "individual" ...
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Is there a term for making something that is legal but could be used illegally?
I am wondering the legality of making something that is totally legal in itself but if misused by someone is illegal.
An example I found online is self-aiming and shooting paintball guns such as the ...
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What is the writ equivalent of habeas corpus, but for punishments other than detention
Exactly as the title suggests. What is the writ equivalent of habeas corpus, but for punishments other than detention? For example monetary fines, etc.
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How to use "generic color" to describe tertiary colors in gradient logo if filing for color claimed trademark?
With a multicolored gradient logo (not just a two-color gradient) and filing a color logo trademark in the EU, there is a need to describe the colors using "generic" color names.
In such a ...
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How commonly do Anglophone judges abbreviate Claimant to C? Or Plaintiff to P or π?
Traditionally, law students abbreviate Plaintiff to π. Do trustable judges in the Anglosphere do this? After the 1999 Woolf reforms, do British judges abbreviate Claimant to C?
British justices ...
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Is there a legal term or doctrine that prevents one person from having two opposing opinions on the same matter?
Hi I'm just wondering if there is a legal doctrine or legal term that essentially says that one person cannot have two different opinions on the same matter at the same time and have them both hold. ...
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What did Arden LJ mean by "estate", in "legal estate in the shares" of an unlimited corporation?
I am baffled by Arden LJ (as she then was) at para. 59 in Pennington & Anor v Waine & Ors [2002] EWCA Civ 227.
So, too, in Re Rose, Rose v IRC the Court of Appeal held that the beneficial ...
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Federal Rule of Civil Procedure 5.1 (Constitutional Challenge to a Statute)
Can somebody tell me the meaning of the following sub-clauses in FRCP 5.1?
Here is the wording exactly as it appears in the book:
(1) file a notice of constitutional question stating the question and ...
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In a legal proceeding, where is "fairness" defined?
I was involved in a rather formal administrative review. I got the impression that administration was determined to give the facade of fairness while arriving at a predetermined conclusion. One thing ...
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What is the legal term for someone who performs work in return for money, regardless of whether the man or woman is an employee or contractor?
As you know, in the United States, contractors and employees are very different.
The contractors do work, but often do NOT receive any health insurance.
I was reading that the term principle is used ...
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Why did Deane J. write 'interest', 'estate' and 'title' in this order?
I quote Justice William Deane in Calverley v Green [1984] HCA 81
The third "presumption", usually called the "presumption of advancement", is not, if viewed in isolation, strictly ...
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How to interpret "non-affiliated third parties" in privacy policies
Privacy policies frequently have phrases like this one:
<ACME Co.> will not share your non-public personal information with unaffiliated third parties without your consent
To a layman like me, ...
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Correct term for firing a judge
Recently a certain politician has called for a certain judge to be "disrobed", meaning that they should lose their position as a judge.
A lot of people have said that this isn't a proper ...
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What do people mean when they say "This Court"?
When reading some old court transcripts, I find that some of the lawyers argue, "This court has found in the past..."
What exactly do they mean by "this court"? Are they referring ...
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What is the difference between a judge and a justice?
When reading the news I often notice both the term "judge" and the term "justice" are used for what seems to be the same function. That is, someone who presides over a court. ...
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Can I legally bypass software when their data is freely available? [closed]
I have built an app on top of an existing ancient software application. That ancient application exists of two parts; a software application and some actual hardware that provides specific sensor data ...
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released from detention but not released? [closed]
Context: I'm applying for US citizenship. I was arrested (so I think) a few years ago for misdemeanor.
The police took me on a Friday, I spent a night in "jail" (it might not be the correct ...
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Is "Innocent until proven guilty" merely a cliche used in legal dramas?
A comment on this site says:
Who says "Innocent until proven guilty"? That's a lame cliche for legal dramas.
Is this true? Or is the phrase "Innocent until proven guilty" found ...
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Estate vs. Interest v. Right v. Title
How do Estate, Interest, Right, Title differ from each other? Below, these different textbooks' glossaries fail to disambiguate them. Even worse, their definitions are circular! Estate is defined in ...
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What in Latvia is a non criminal offence?
An answer on stack mentions that certain displays in Latvia are “a non-criminal offence.” What is such a thing?
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What is “sexual touching”?
Canadian case law and perhaps other jurisdictions’ make a big deal of “sexual touching” as a repeated term. How is this defined?
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In the USA, is there any difference in the scope and meanings of the terms lawyer and attorney?
Or are they fully anonymous and interchangeable? It seems to me that they are, while lawyer is simply the more colloquial and less formal term.
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What is the significance of “good faith”?
It’s a term that before I began getting interested in law I always had a vague/general lay understanding of and associated with law. Since I started reading about law I have never encountered a ...
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Why is POA associated (at least etymologically) with attorneys, rather than with solicitors or proctors?
In England and America alike today it seems that we still refer to Power of Attorney, while the term Attorney no longer seems to have any current usage itself, in England (but historically did).
Why ...
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What is a “legal code,” and is the British statute book one?
A recent answer laments the ostensible apparent lack of a “legal code.” But just what is a legal “code,” such as presumably the “U.S. CODE,” our various other countries’ so called “civil codes,” and ...
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Is drunk driving a malum prohibitum or malum in se?
In common-law jurisdictions where driving a motor vehicle under the influence of alcohol is illegal (presumably all of them?), is drunk driving considered malum prohibitum or malum in se?
I am aware ...
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What is it called when a public body that does not primarily exist to prosecute crimes brings a prosecution?
Some offences may be prosecuted by, in addition to the CPS, other public bodies, like local authorities or transportation authorities. Even while these are public and not private bodies, would one ...
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Where does the idiomatic term “caution+3” come from?
As an alternative to arrest, English police may summon one to make an appointment at a police station for a so called voluntary interview, which is often derisively mocked in that it ironically often ...
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Is privilege often misused to mean confidential?
It seems to me that these two terms may be completely different and yet they often seem to be used in an interchangeable and anyway an overlapping manner.
Under data protection laws, data controllers ...
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Difference between "dismissed with prejudice" vs. "res judicata"?
What are the differences and similarities between the two? How are they used in the USA? Thanks.
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What's it called when a law is created that just confirms a lesser known law that already exists?
Consider this scenario. In California hotel tenants are arguing that its against the law to kick them out after 28 days. This was always true but hotels ignored the law. Now that tenants made it an ...
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What is the term for the idea that a law should never "cover all the possibilities" for being guilty?
I have never formally studied law, but I intuitively feel that a "good law" should only ever cover one side of a conditional and never both. For example, if they legislate walking on both ...
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What does "registered pursuant" mean in German laws?
I find the phrase registered pursuant used a lot in the German law of registration. Could someone explain what it means?
Reference from Federal Ministry of Justice
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How is “R v. Smith” pronounced?
Is it “Are and smith”? “Rex/Regina and smith”? “The king/queen and smith”? What is the typical convention?