Questions tagged [legal-terms]

Use this when questioning the meaning of legal terms.

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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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1 vote
2 answers
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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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2 answers
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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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6 votes
2 answers
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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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3 answers
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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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1 answer
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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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1 answer
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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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2 answers
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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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1 vote
1 answer
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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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1 answer
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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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10 votes
3 answers
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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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3 votes
1 answer
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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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12 votes
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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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1 vote
4 answers
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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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0 answers
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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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1 vote
1 answer
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Terminology around consent whilst incapacitated

As can be found in numerous places, "consent" is a fairly specific term and has various pre-conditions, such that it cannot be given whilst, for example, extremely drunk, under the influence ...
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3 votes
2 answers
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Is there a term for a legal professional who follows their client in their everyday life just in case legal advise becomes necessary?

Is there a term for someone who acts as a "legal bodyguard"? That would be someone who follows someone around to looks after their legal safety like a conventional bodyguard looks after ...
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2 votes
1 answer
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Can a worker who is not an employee be wrongfully dismissed? (England & Wales)

Does wrongful dismissal (NB. I don't mean unfair) apply to workers who are not employees in England & Wales? My understanding from my lecturer is that it does apply (it came up on a test question ...
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1 vote
0 answers
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Is there any comprehensive glossary of US legislative terms?

I'm currently working on a project that applies Natural Language Processing tools on bills and acts of the US state legislatures. I looked for glossaries of common terms in US legislation in order to ...
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1 vote
1 answer
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(Online) Dictionary for German legal terms

Where can I find a search engine or (online) dictionary which returns the definition and usage of a given term? Example: Search: [Fachkunde ] Returns Type Source ...
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0 votes
1 answer
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Does this language mean can print out anything on this site?

I encountered this language on a website that hosts preserved books in the form of PDF's. Does this mean that I can print out any of the PDF's. Assuming I'm not limited to the restrictions. Limited ...
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7 votes
1 answer
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Extradition without treaties?

I came across some new reports about Japanese scammers being extradited from Thailand. But my research seems to suggest that no extradition treaties exist between the two countries as of now. From ...
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5 votes
9 answers
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Are judges supposed to take public opinion into account?

Is there a legal consensus on whether judges should / should not be influenced by public opinion? If so, is there some maxim, phrase, or principle that illustrates that position (e.g. "innocent ...
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1 answer
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What is the difference between separation, quitting and layoffs?

Is separation considered to be a measure of layoffs and quitting from firm's perspective?
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2 answers
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What is the legal meaning of "I certify that XYZ"

What are the legal implications of clicking acknowledge below the following statement: "By clicking acknowledge below, I certify that I am not a resident of XYZ." The context for this, if it ...
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2 votes
1 answer
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Possessory vs Proprietary as adjectives

Posessory (embolded) and Proprietary (embolded and italicized) here can't be synonyms, because the author is using them in opposition. Notice the "rather than" in the sentence footnoted 54. ...
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5 votes
2 answers
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Is Double Indemnity conduct which can be considered both civil and criminal?

In a basic introduction to law class (major is computer science, I'm in the UK and the focus of our course is England and Wales) we were told that conduct which can be considered as both civil and ...
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2 votes
2 answers
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Possessory Right over land vs. Proprietary Interest in land

What are the differences between "Possessory Right" and "Proprietary Interest"? The following quotation refers to Vauxhall Motors Ltd v Manchester Ship Canal Co Ltd [2019] UKSC 46. ...
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3 votes
2 answers
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Property vs. Proprietary as adjectives

Several books on Trusts use both "property" (emboldened beneath) and "proprietary" (emboldened and italicized beneath) as adjectives, even in the same paragraph! Do they differ in ...
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13 votes
3 answers
2k views

What is a municipal court?

I am studying for a Master's in Legal Translation. (I am French) I need to understand what a "municipal court" is. Is it like our "Tribunal de Police" for speeding on the road, ...
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2 votes
1 answer
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What is the source for calling the panel in the JCPC 'the Board'?

For a long continuous line of case law, the panel deciding a case (or rendering advice to Her Majesty as to how to dispose of the case, technically) in the Judicial Committee of the Privy Council has ...
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0 votes
1 answer
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Can I store data from Google Maps API for personal, educational use? [2021]

On the one hand, in previous questions, people write that you cannot (but I am not sure what use they are talking about), and on the other hand, Google itself 'proposes' to store API data in its ...
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1 vote
3 answers
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What is preferential distribution?

It was written in this answer: There may be different classes of shares in a company with different rights (voting, dividends, preferential distribution etc.) In shareholding law, what is ...
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1 answer
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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)?
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