Questions tagged [legal-terms]
Use this when questioning the meaning of legal terms.
362
questions
0
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2answers
39 views
What is a good term to unambiguously distinguish the reach of law vs the claim of reach of law?
I wasn't sure if this is better for the site itself or for the meta site. But just in case there is a proper legal term, I figured maybe the question does belong on the site.
We have some questions ...
7
votes
2answers
945 views
Does the term “significant value” in general have an amount associated with it?
In relation to estate handling, the Petition for Letters of Administration form I’m filling out seems really vague about “other assets of significant value”.
Some things make sense like boats, cars, ...
1
vote
0answers
32 views
Who, or what, is the custodian mentioned in the Mobile Home Landlord and Tenant Rights Act?
According to the Illinois Mobile Home Landlord and Tenant Rights Act (765 ILCS 745/11):
Provisions of mobile home park leases. Any lease hereafter executed or currently existing between an owner and ...
2
votes
1answer
44 views
Why does "note up" mean "check whether subsequent decisions have followed its precedent or not"?
Why was the "process of examining how a case has been treated in subsequent cases to determine if it is still authoritative or “good law”" termed "note up"?
Step 4: Find Cases ...
0
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4answers
91 views
What does this law-excerpt mean?
I need to know what...
Tax means the income tax payable under this Ordinance and includes any additional tax, excess profit tax, penalty, interest, fee or other charges leviable or payable under this ...
2
votes
1answer
36 views
What is the difference between "under ..." and "stipulated by ..." in legal expression?
I have a question about whether I should use “under” or “stipulated by” in the sentence below.
Responsible for navigation, cargo handling, fire and life-saving equipment, and other duties related to ...
0
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0answers
62 views
Leaving Company without notifying anyone
What if the company is not paying me for the last two months, because of that I absconded(leaving the Company without notifying anyone) the company. So there is an issue I will face? I have another ...
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votes
2answers
60 views
Legal Ethics: Government lawyers giving legal advice & ABA rule 4.3?
I submitted a request for information to a government agency and got back an answer from a lawyer that seems to constitute legal advice prohibited under DC bar rule 4.3. Would a government (law ...
3
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2answers
45 views
How is "publication" different in copyright and defamation cases
There has been some confusion here on Law.Stack exchange as to whether "publication" or "publish" has the same meaning in defamation cases as it does in copyright cases.
I am ...
1
vote
4answers
172 views
What is it called when a suspect is questioned without their lawyer?
To elaborate, I know it is illegal for authorities to question a suspect when their lawyer isn’t present. Is this a crime or just illegal? If it is a crime, what is it called?
2
votes
1answer
54 views
Surrogate Court for Petition of Probate New York - COMBINED VERIFICATION, OATH AND DESIGNATION what is SS
In NY, when filling out forms for Petition of Probate, it reads the following:
COMBINED VERIFICATION, OATH AND DESIGNATION
[For use when petitioner is an individual]
STATE OF NEW YORK )_______
COUNTY ...
1
vote
1answer
82 views
Is a company allowed to break their own Terms of Service (TOS)?
I have spotted multiple counts of a gamecompany breaking their own TOS for their own or "associates/friends" gains, including real world trading (selling items for money) while stated in ...
0
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1answer
24 views
In software contracts, does "all right, title & interest in & to software" provide more protection than "all ownership right, title & interest in..."?
Seems that the addition of "ownership" here is limiting, but I'm not sure whether it really is or how it is.
If the language "supplier retains all right, title and interest in and to ...
0
votes
1answer
48 views
What does "third party" mean in this context?
Recently, McCormick announced that they are hiring for a position named Director of Taco Relations. The job description and application requirements states that you should submit a video explaining ...
-1
votes
1answer
72 views
What is meant by the term "Foreign sovereign"?
What is meant by the term "Foreign sovereign"?
It relates to the contract act.
1
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1answer
43 views
Is there a good standard for turning Laws into diagrams and flowcharts for ease of comprehension, study, and testing?
I'm a brick-and-mortar engineer who's forced by circumstance to study a lot of law, particularly Administrative Law, Constitutional Law, and EU Law. I find the procedures and control flows (if A is ...
1
vote
2answers
62 views
Legal / latin term for argument that treats someone else's injuries as one's own?
Interning in a court, and I note that the defendant's brief once had a case dismissed because of potential overreach by the court, but that overreach would not injure the defendant's interests, it ...
3
votes
1answer
57 views
What does "punishable merit" mean?
I was wondering what 'punishable merit' means in this text.
Supreme Court Justice Stephen Breyer, who was heavily involved in the process, defended the use of past practice by pointing to the ...
2
votes
1answer
30 views
Did the prerogative writ of prohibition ever have a Latin name?
Four of the five prerogative writs are known by their Latin names (habeas corpus, mandamus, quo warranto, certiorari), but I have never seen the fifth referred to as anything other than 'prohibition'. ...
1
vote
1answer
33 views
Legalese: Collateralizable v. Pledgeable
Is there a difference between something that is collateralizable and pledgeable?
In contracts, I see these terms used interchangeably, but I suspect there is a difference when used as a precise ...
1
vote
3answers
130 views
Is there a proper term for fraud by buying product from yourself to pad sales numbers?
Basically trying to make a business look larger or more lucrative by running the same money around in circles. Or something like that.
The context I'm dealing with is hypothetical/fictional and ...
2
votes
4answers
260 views
Difference between an affirmative defense and defense
I am trying to understand the nuances of using the adjective affirmative in the context of affirmative defense. How is an affirmative defense different from a defense (sans any adjective modifier)?
1
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1answer
31 views
Is there an official glossary of intellectual property terms in the UK?
I am writing a research paper on how intellectual property rights terminology in Russia compares to that in the UK. I am looking for an official glossary or a standard approved by the UK government ...
0
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1answer
64 views
How can payees (not payors) forfeit a deposit?
Forfeiture/forfeit a process under which a party must
give up some benefit. For example, the buyer of goods
may forfeit any deposit already paid if they refuse to
complete the contract.
JC Smith's ...
1
vote
1answer
84 views
The meaning of the word until - exclusive or inclusive
So I realize now that I probably should have clarified this at the time, but in my divorce agreement, I am obligated to make a payment monthly, "until September 1, 2021". I read this as &...
2
votes
1answer
100 views
In the United States, is there a difference between the terms "unlawful" and "illegal"?
I heard someone claim that the terms "unlawful" and "illegal" have different meanings. More specifically, they claimed that "illegal" acts are anything expressly ...
2
votes
1answer
57 views
What is the opposite of "lesser included offence"?
If someone is charged with murder, but acquitted at trial, they can't be later charged with manslaughter, because it's a lesser included offense.
The opposite isn't true, though.
If someone is accused ...
18
votes
4answers
8k views
Is it illegal to ask someone to commit a misdemeanor? What is this called?
In my Googling, I learned that (at least in most of the U.S.) a defendant cannot be an accessory to a misdemeanor. What about someone just nagging and insisting on it?
1
vote
2answers
99 views
Why doesn't Commonwealth law routinely use Acceptee, like Offeror?
The Oxford English Dictionary recognizes acceptee.
As the jurisprudes here know, Acceptee differs from Offeror, because offers don't have to be accepted. If you want to distinguish an accepted (from ...
4
votes
2answers
60 views
Help with law vocabulary. The use of the word "enact" and definition of consolidating statutes in UK law
This might sound like a stupid question, as it is probably a very easy question. It's just I am new to studying law and want to get the vocabulary right. I am mostly a science and math orientated ...
0
votes
2answers
63 views
Do the words "take advice" / "taken advice" imply the advisor is a lawyer?
As per the title, I am (as a non-lawyer) helping someone in a dispute where fraud has occurred.
If I'm helping the person write a letter to one of the involved parties based on my advice, if I help ...
1
vote
1answer
31 views
"Concessions" meaning in this context
For the purposes of unlikeliness to pay as referred to in point (d) of Article 178(3) of Regulation (EU) No 575/2013, a distressed restructuring should be considered to have occurred when concessions ...
2
votes
1answer
51 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
331 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
235 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 "...
5
votes
4answers
120 views
Where does the "liquidated" in "liquidated damages" come from?
An answer to a recent question mentions that "all the money you have" is not a valid liquidated-damages clause in a contract.
The main use of "liquidation" that I'm familiar with ...
0
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1answer
67 views
what does it mean if something is "Limited to intellectual property and copyright protection"?
What does it mean if a mobile app's use of encryption is "Limited to intellectual property and copyright protection"? Does that mean it doesn't contain any encryption that is patentable?
12
votes
3answers
3k views
What's the legal term for a law or a set of laws which are realistically impossible to follow in practice?
As an example, at one point during New York's COVID vaccination campaign Governor Cuomo issued the following rules:
If you vaccinate someone who is not eligible, you're getting a huge fine
If you don'...
0
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1answer
48 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 ...
4
votes
3answers
143 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
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1answer
54 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
vote
1answer
47 views
Document says "A and B" have some authority — does that require unanimity or not?
If a governing document says that "A and B" have the power to act on behalf of Company X, does that mean that both A AND B have to sign e.g. a contract to bind the company? Or does it mean ...
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2answers
194 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 ...
5
votes
2answers
379 views
"the necessity therefore"
I am reading a law reference book and finding this line somewhat ambiguous.
If the Grantor timely objects to any disbursement, or the reasonableness thereof, or the necessity therefore, no such ...
0
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3answers
176 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?
-1
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3answers
92 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 ...
1
vote
1answer
54 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
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2answers
44 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
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1answer
87 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 ...
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2answers
46 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 ...