Questions tagged [legal-terms]
Use this when questioning the meaning of legal terms.
242
questions
2
votes
1answer
26 views
Doctrine of balancing the relative conveniences of the parties
A defense claim of Equitable Estoppel is invoked:
...Claims are barred in part of by the Doctrine of Equitable
Estoppel...enforcing the Governing Documents as alleged by Petitioners
would be ...
4
votes
1answer
312 views
Meaning of “issue” in a law
Below is a quote from the laws of the United States. It in Chapter 26, section 672(c):
(c) Related or subordinate party For purposes of this subpart, the
term “related or subordinate party” means any ...
3
votes
2answers
229 views
What does “surety and scholar initial” mean
I have received an award letter of a scholarship which has terms and conditions to be printed on a non-legal stamp paper. There are 4 pages and at the end of each page there are the terms "...
0
votes
1answer
47 views
Can I get in trouble legally if I use the code that I contributed in an unofficial project? [closed]
My Issue
Me and my "friends" started a common project on github where we were writing code.I left the project many months before they decided to make everything official (start a company). I ...
0
votes
1answer
62 views
What is the effect of the repeal of a law amending a former law?
1 U.S. Code § 108 provides "Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided." However, many ...
1
vote
1answer
53 views
Can the “Pandemic” be considered “not occasioned by the conduct of the (business)” and considered not reasonably remedied?
In my contract it reads "In the event that (business name) is unable to perform any of it's obligations under this Agreement due to any occurrence whether or not occasioned by the conduct of (...
-1
votes
2answers
161 views
What are the rights of the software owners if their software is used to make money?
Let's assume that I have an iPhone and
I tell how to use it (e.g. how an app is downloaded, how a photo is taken),
I mention about its functions, features (e.g. how a contact is created, how Wi-Fi is ...
0
votes
3answers
96 views
What is the difference between a subpoena and a court order?
In the context of trying to get someone’s real personal information from online/social media accounts, which is necessary?
0
votes
3answers
79 views
distinction between law maker and law interpreter like 'Law maker should not be law interpreter'?
The following could be answered simply by the separation of judicial and legislative branches in places such as the US but here goes:
I could swear I once heard this legal maxim/quote/aphorism/idk ...
0
votes
1answer
51 views
Term for obligor that breaches his duty
I'm looking for an appropriate term for an obligor that breaches a duty. It should apply to tort and contractual duties and to substantial as well as procedural law.
I would also be interested in a ...
0
votes
2answers
39 views
Is there a legal term for a natural person acting under the name of a company?
For example, if a post is made online under the name of a company, that post will be made under the name of the legal entity (company), but it had to be written by an actual natural person operating ...
-1
votes
1answer
83 views
What is the legal understanding of 'institutional racism'?
There is racism and there is institutionsed racism. I've heard and read of both terms being used. The former most often in speech; and the latter more in in writing.
According to a paper in the ...
-2
votes
2answers
45 views
What is the 'legislature' in international law? [closed]
According to Migdals International Law:
International law ... has no legislature. Whilst the General Assembly of UN, comprising of delegates from every member country, seems to fit this role, it's ...
0
votes
3answers
70 views
Are Latin legal terms still used?
The Latin legal term "ignoramus" is present within legal dictionaries for when there is not sufficient evidence. Are terms like this still used, or does a jury resort to plain English when ...
0
votes
1answer
35 views
Is there a general term corresponding to “predial” as in “predial tax” and “predial larceny” in U.S. law?
I came across the term "predial" which seems to be largely used in the state of Louisiana (mixed civil & common). Predial larceny (or praedial larceny) seems to figure primarily in the ...
0
votes
1answer
44 views
What does this mean in this engagement letter?
I am looking to break a lease with my landlord and am looking to hire an attorney.
What does "Client assigns to counsel all rights conferred by statute or rule to recover attorneys' fees and ...
3
votes
1answer
1k views
Is it against Riot Games Worlds Pick'em contest rules to collaborate with others in predicting the result?
The contest in question is the League of Legends Worlds Pick'ems. Entrants are to rank teams in order of winning probability for both virtual and physical prizes.
As there are a limited number of ...
1
vote
2answers
148 views
Why do lawyers ask “Is it not true that …”
I am aware of this previous related question Alternative to "Isn't it true that...?" when questioning witnesses
The most upvoted answer to that question gave alternative ways of speaking....
1
vote
1answer
57 views
What does the word “appropriate” mean in the American Service-Members' Protection Act?
The President is authorized to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at ...
1
vote
1answer
109 views
Can you explain the “Rule of Three Scores”? In plain English?
The term is used several times at https://sfgov.org/civilservice/rule-111a-position-based-testing and I can't fathom the meaning. I searched the site and found a definition (copy below, indented).
...
1
vote
1answer
46 views
What is the term for when a leader being responsible when they suggests something and someone acts on it?
I recall there was a term for a very specific thing that can happen when the person in charge - king, president, dictator, etc - suggests something be done and someone does it, that might make the ...
0
votes
0answers
77 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
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0answers
24 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 ...
0
votes
1answer
62 views
Do I need to accept House restrictions/rules?
If I become member of a fitness center online and I accepted the general terms and conditions, but they did not mention house rules, am I legally accountable if I violate them and maybe more import, ...
0
votes
0answers
55 views
Legality in earning a money tip for searching some files in the Internet
I am interested in knowing if it would be legal to earn a money tip from people that wanted me to search some files in the Internet (books, series, movies, etc.). My question refers to the action of ...
1
vote
2answers
130 views
What are realistic time limits on contemporaneous note taking?
In terms of contemporaneous, if an OHS Inspector is taking notes on an official investigation what is an acceptable time frame for s/he to adjust the notes to correct errors while at the scene i.e ...
-2
votes
2answers
74 views
Storing users data in database, which data is legal to store and how to store it?
I am developing a mobile application that will be pretty similar to Instagram. Now this app will be available for free and I will be offering it on the Stores as an individual not as a business. So ...
1
vote
2answers
60 views
Is there a legal / commercial term for a free offer that can't be demanded or expected
What is the name for a service offer that is limited in availability due to resources or which could be withdrawn if it is being abused or unreasonably expected?
Is there a standard legal or ...
0
votes
1answer
67 views
What regulations specify the loan and what regulations specify the credit under US law?
What is a difference between loan and credit in the law system? Let's say US law.
What does it mean to grant a loan, use a loan or to have a credit? What regulations describe both credit and loan?
0
votes
1answer
69 views
parol evidence rule v. plain meaning rule
I saw this paragraph {"[a] clear conceptual division would treat the plain meaning rule as about interpreting the provisions of contracts, and the parol evidence rule as about establishing what count ...
0
votes
2answers
50 views
Does installing or removing software legally constitute modifying a device?
The terms of service for my bank's mobile banking include this:
USER MOBILE BANKING SECURITY RESPONSIBILITIES
Ensure the Mobile Device is updated with the latest system software
provided by ...
1
vote
1answer
47 views
Liability and Responsibility what is the importance of the distinction in common Law
In Civil Law( legal system) there is no distinction between Liability and Responsibility.
One can only seek(judicially) the cessation of an illegal act if they have suffered damages.
One can only ...
1
vote
0answers
47 views
Are products made from illegal software also illegal?
Say a piece of software was aquired, and used, completely illegally, like a license key was hacked online or something, and many other products (say, for example, videos) were made with this illegal ...
0
votes
2answers
131 views
Is it illegal to use an unsupported version of software, without a license key?
there is this particular computer program, that I [possibly, for legal purposes can't say for sure] may have downloaded, well, "illegally", a.k.a., they require a license key to get the full version, ...
0
votes
1answer
39 views
Offering a free service (SaaS) via website as a personal individual person in Germany for everybody (global)
Want to offer a free service to scan code via my website (Software as a Service - SaaS) . It will be free for now, run as a individual in Germany to be used globally (anybody in the world). Hosted on ...
0
votes
1answer
79 views
Meaning of “the approval of First Mortgagees holding mortgages on Units…”
I've been a condo association President for a couple of years now and I keep finding older residents that have come up with their own interpretations over the years, so if something isn't clear, I do ...
0
votes
1answer
35 views
Can RescueTime sell derived data?
Me and my friend were discussing privacy concerns regarding the use of a activity tracking application - Rescuetime.
It's privacy policy says,
We will never sell, rent, or otherwise share your ...
0
votes
1answer
795 views
Difference between terms and clauses in a contract
I'm new to legal terminology used in contracts. I'm trying to understand the difference between terms of a contract and clauses of a contract. All the sites have referred so far provide no clear ...
7
votes
3answers
282 views
Will Stack Exchange EU terms still apply to Britain now that BREXIT has finished?
Background Information
Britain has recently finished BREXIT (after years of painstaking decision making about pretty much nothing) and I was wondering whether Stack Exchange's EU specific terms still ...
2
votes
1answer
78 views
What does “Materially Non responsive” mean? [closed]
A question is posed and an answer is supplied. If the response does not actually answer the question, is this what is meant by materially non-responsive?
3
votes
2answers
136 views
What's the difference between gross negligence and criminal negligence?
What's the difference between gross negligence and criminal negligence? A simple example that would show the difference would be appreciated.
1
vote
2answers
38 views
Term for an action leading to something else
I am looking (searches so far not successful) for a term that describes this type of scenario:
A teen puts a nail against the tire of a parked car as a prank. It leads to an accident that results in ...
0
votes
0answers
20 views
Term for reviewing a legal document describing procedures to see if they match those procedures implemented in a computer system?
I was just reviewing some legal documents which need updated to describe procedures implemented in a computer system to see if they match. Is there a legal term to describe this action?
0
votes
0answers
17 views
Term for reading a legal document describing procedures and implementing those procedures in a computer system?
I was just reading some legal documents which described procedures which would be implemented in a computer system. Is there a legal term to describe this action?
0
votes
1answer
27 views
How to call the 'agrement' of a user accepting an action or risk?
I am planning a software management solution of storing the user accepted agreements for some of my applications.
I have Terms of use and Privacy policies for every app and I want to store them in a ...
1
vote
1answer
594 views
Are the abbreviations “IANAL” and “TINLA” legally valid substitutes for their full forms?
tl;dr:
I've often seen the disclaimer "I am not a lawyer" abbreviated as "IANAL".
And I've often seen the disclaimer "this is not legal advice" abbreviated as "TINLA".
Is it legally just as ...
2
votes
1answer
91 views
What is the legality of an lawsuit filed against a foreign national in California
There was an NDA signed between an Individual Residing in India (Entity A) and Company based in San Jose, California (Entity B). Due to perceived breach of confidentiality agreement a cease and desist ...
2
votes
1answer
425 views
Are “de facto independence” and “de jure independence” really international law terms?
I have seen a certain factions of Taiwan independence supporters claiming that Taiwan's current status is "de facto independence" and only needs to formally declare independence to make its status "de ...
2
votes
1answer
202 views
Start a business out of my house selling coffee
I want to start a business where I charge people to use my living room, wifi.
They can leave a tip for any of my coffee that they drink.
Is there a legality issue with this?
0
votes
1answer
77 views
What can I do legally to a friend of a friend who returned items damaged? Or stole them?
I'm leaving some things (a suitcase and a computer) with a friend of a friend for a month, so I don't really know the person too well.
I have some sketchy feelings about leaving my stuff with them ...
