Questions tagged [legal-terms]

Use this when questioning the meaning of legal terms.

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40 views

Can a company ignore written communication in favour of a later phone call originating from the company when establishing a date? [closed]

Can Clear Business ignore several emails and two recorded delivery letters that gave notice 30 or more days in advance of my contract expiry and instead insist that a phone conversation initiated by ...
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1answer
72 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 ...
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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 ...
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1answer
62 views

What is meant by the term “Foreign sovereign”?

What is meant by the term "Foreign sovereign"? It relates to the contract act.
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1answer
41 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 ...
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2answers
59 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 ...
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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 ...
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4answers
138 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)?
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1answer
68 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 &...
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1answer
99 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 ...
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2answers
58 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 ...
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1answer
48 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 ...
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1answer
328 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 ...
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2answers
233 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 "...
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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 ...
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3answers
128 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 ...
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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 (...
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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 ...
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3answers
155 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?
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3answers
88 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 ...
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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 ...
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2answers
43 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 ...
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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 ...
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3answers
74 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 ...
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1answer
36 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 ...
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1answer
48 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 ...
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1answer
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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 ...
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2answers
214 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....
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1answer
59 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 ...
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1answer
148 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). ...
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1answer
49 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 ...
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80 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 ...
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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 ...
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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, ...
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2answers
160 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 ...
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2answers
138 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 ...
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2answers
61 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 ...
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1answer
68 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?
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104 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 ...
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2answers
54 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 ...
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1answer
53 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 ...
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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 ...
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2answers
174 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, ...
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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 ...
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1answer
84 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 ...
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1answer
42 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 ...
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1answer
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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 ...
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3answers
288 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 ...
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1answer
81 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?

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