Questions tagged [legal-terms]

Use this when questioning the meaning of legal terms.

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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 ...
 adel357's user avatar
1 vote
1 answer
130 views

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 ...
user109440's user avatar
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Terminology: Does a judge have a career in "litigation"? [migrated]

I'm working on a song parody, satirizing a notably litigious group of people, and have run up against a little issue of "accuracy of terminology" and "phrasing that reflects my ...
Mooning at the Beys's user avatar
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2 answers
139 views

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. ...
Michael Bray's user avatar
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1 answer
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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 ...
user1147844's user avatar
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2 answers
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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 ...
ILCTrent's user avatar
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4 answers
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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 ...
Samuel Muldoon's user avatar
1 vote
1 answer
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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 ...
user1147844's user avatar
0 votes
1 answer
57 views

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, ...
Indigenuity's user avatar
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4 answers
268 views

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 ...
Pete's user avatar
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9 votes
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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 ...
AlanSTACK's user avatar
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2 votes
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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. ...
blues's user avatar
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1 answer
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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 ...
gerb0n's user avatar
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0 answers
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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 ...
Thomas's user avatar
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15 votes
5 answers
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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 ...
Jen's user avatar
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1 vote
1 answer
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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 ...
user1147844's user avatar
0 votes
3 answers
168 views

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?
TylerDurden's user avatar
1 vote
4 answers
185 views

What does it mean to be "bound" in law?

What does it mean to be "bound" in law?
Jen's user avatar
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-2 votes
2 answers
158 views

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?
TylerDurden's user avatar
1 vote
1 answer
81 views

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.
TylerDurden's user avatar
1 vote
2 answers
172 views

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 ...
TylerDurden's user avatar
3 votes
2 answers
1k views

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 ...
TylerDurden's user avatar
6 votes
1 answer
696 views

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 ...
TylerDurden's user avatar
-1 votes
1 answer
120 views

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 ...
Someone's user avatar
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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 ...
TylerDurden's user avatar
6 votes
1 answer
191 views

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 ...
TylerDurden's user avatar
1 vote
2 answers
1k views

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 ...
TylerDurden's user avatar
8 votes
1 answer
1k views

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.
HelloDarkWorld's user avatar
0 votes
3 answers
251 views

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 ...
D J Sims's user avatar
0 votes
1 answer
136 views

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 ...
AlanSTACK's user avatar
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2 votes
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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
tryst with freedom's user avatar
7 votes
3 answers
3k views

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?
TylerDurden's user avatar
0 votes
0 answers
5 views

When referring to HIPAA legislation, would the 2013 Omnibus rule be considered all inclusive or refer only to the additions in the Omnibus rule?

When referring to the HIPAA 2013 Omnibus rule, should this be read as HIPPA all-inclusive, from inception; up-to and including the changes introduced in the 2013 Omnibus rule or should this be read as ...
Doug Kimzey's user avatar
0 votes
1 answer
258 views

What was "carnal knowledge against the order of nature"?

S152(2), Palestine Penal Code of 1936, makes reference to carnal knowledge against the order of nature: 152(2) Any person who:— (a) has carnal knowledge of any person against the order of nature; or (...
TylerDurden's user avatar
1 vote
2 answers
112 views

What is a “clerk”?

In different jurisdictions do they have different meanings? How/when did the roles diverge? Is it more or a research assistance position, or an administrative/secretarial one of doing the day to day ...
TylerDurden's user avatar
-1 votes
2 answers
76 views

What is consent?

Interested in any jurisdiction, and in fact especially interested in seeing comparative perspectives between different jurisdictions. Is it: a mental state of not objecting or even enthusiastically ...
TylerDurden's user avatar
19 votes
1 answer
3k views

What is the significance of “moral turpitude”?

Ellis, Chesebro and Powell have all asked the court to state their crimes were not ones of “moral turpitude”. What is the significance of that expression and why is it so important to them?
Simd's user avatar
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2 votes
1 answer
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What is the difference between “by” and “under” an act?

E.g. s149(1)(a), Equality Act 2010 says: A public authority must, in the exercise of its functions, have due regard to the need to— (a)eliminate discrimination, harassment, victimisation and any ...
TylerDurden's user avatar
0 votes
2 answers
60 views

How did some generic names get registered as trademark?

Even through general names cannot be trademark (according to my limited knowledge) but Amazon and apple are already trademarks. Can someone explain this to me.
Bionix1441's user avatar
3 votes
2 answers
10k views

If a woman has a daughter with one man and has a son with the other man, does that mean that the son and the father of the daughter are related?

A woman named Maria has an illegitimate daughter with a man named Gabe. After she leaves the child in his care, Maria then marries a man named Rob. She has a child with Rob. Are Gabe and Rob's son ...
Kayha S's user avatar
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1 vote
1 answer
177 views

Do “motions” exist in the U.K.?

Or are they instead called “applications” in Britain? One hears of motions filed in court cases, perhaps primarily in the U.S. But do these exist in Britain, or in any other jurisdictions? Or are they ...
TylerDurden's user avatar
0 votes
3 answers
150 views

Can someone please tell me what the letters TSE stand for after an attny name?

What do the letter's TSE stand for at the end of an attny name?
Missy Armstrong's user avatar
0 votes
1 answer
158 views

What is the origin of the notion of the King’s “peace”?

There are magistrates (or justices) of the peace, which evokes memory of the justices of the peace act 1285, a statute. Then there is a breach of the peace and the various police powers and ...
TylerDurden's user avatar
-3 votes
1 answer
92 views

Does the convention of “F. Last” have any legal significance?

I’ve noticed that legal correspondence sometimes addresses folks in the format of F. Last where F. Is the addressee’s first initial, and Last is their complete last name. What is the origin of this ...
TylerDurden's user avatar
0 votes
2 answers
113 views

Do any jurisdictions apply a principle of straws-on-camels-back when considering the appropriateness of escalation?

I am trying to understand, in general, how laws apply to the use of violence between two individuals, when the circumstances of the use of violence was one of continuous escalation. I invite and ...
dotancohen's user avatar
1 vote
1 answer
95 views

Where in the law is the notion of a squatter defined?

Is the notion of a squatter defined as a legal concept anywhere in the law? My understanding was always that it is legally defined as one who resides in a premise who had initially entered as a ...
TylerDurden's user avatar
-1 votes
2 answers
92 views

What is the difference between a money order and a money judgment?

Presumably there is some distinction as it is made in the name of the so called register of orders fines and judgments. So what is the difference?
TylerDurden's user avatar
-2 votes
2 answers
106 views

What is the correct term to describe a party to an action who is really only a sock puppet for the party's legal counsel and expert witness?

I have encountered a situation where one of the parties (a government department) is actually forced into their position by a combination of their legal counsel (DOJ) and expert witness (law ...
James B. Byrne's user avatar
0 votes
1 answer
55 views

Nomenclature question

Assume a man is indicted for lying on a form that he did not use drugs, in order to purchase a handgun. Furthermore assume Drug user cannot be barred from owning guns, US court rules. Update: Assume ...
gatorback's user avatar
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45 votes
13 answers
10k views

Is "legalese" a thing in languages other than English?

The idea of legalese needs little introduction. An archaic professional jargon that has developed in the English-speaking world over hundreds of years, it has been largely preserved and sustained by ...
Robert Columbia's user avatar

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