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Questions tagged [legal-terms]

Use this when questioning the meaning of legal terms.

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-1 votes
1 answer
47 views

Use creations made by AI tools

Do we have the right to use an image or text or other generated by Google Bard / Gemini / other known AI tool and put it on our site for example? or do you have to pay for the tool like microsoft / ...
-1 votes
2 answers
714 views

What is the meaning of consensual principle for the basis of making law of contract?

What is the meaning of the consensual principle for the basis of making the law of contract?
2 votes
0 answers
49 views

What determines (commercial) "use" for e-book or online blog?

I've been trying to understand the parameters of what defines "use" of an e-book or a blog. I'm specifically considering the Creative Commons CC-BY-ND license. Some uses are simple: you can'...
-1 votes
0 answers
74 views

Using Google Maps 3D models without api for non commercial purposes

I am currently making a phone app for a school project, to show in a powerpoint presentation and possibly, in the future, in my resume. I wanted to use 3d models of my city from google maps as a map ...
0 votes
1 answer
86 views

Probability In Legal Cases - Evidence vs Information

While reading Probability and Statistics books related to Legal cases, I came across usages of two terms - Evidence and Information - that are a bit confusing to me. Specifically, while solving a ...
17 votes
5 answers
6k views

Is the term "evil" defined in law?

An infamous clause found occasionally in software licenses is: The Software shall be used for Good, not Evil. This clause has been discussed in many places, including Software Engineering Stack ...
-2 votes
1 answer
95 views

Can Merrill 401k Company Legally withhold my 401k from me when it's under $5k total balance? [closed]

I've recently undergone a horrible experience with mess of a failed construction project ending in an architect suing me for a large sum of money for prints that will always be unusable to me. This is ...
1 vote
3 answers
99 views

Entities and persons (whether natural or legal)

I'll first set out my understanding as follows but you please correct me as applicable: I understand that an "individual" is different from an "entity". An "individual" ...
2 votes
2 answers
465 views

In a legal proceeding, where is "fairness" defined?

I was involved in a rather formal administrative review. I got the impression that administration was determined to give the facade of fairness while arriving at a predetermined conclusion. One thing ...
1 vote
3 answers
276 views

Is there a term for making something that is legal but could be used illegally?

I am wondering the legality of making something that is totally legal in itself but if misused by someone is illegal. An example I found online is self-aiming and shooting paintball guns such as the ...
17 votes
3 answers
7k views

Why are there so many YouTube to MP4 and MP3 download websites online when it is illegal?

If it is illegal to download videos and audios from YouTube due to copyright reasons, why are there so many YouTube to MP4 and MP3 download websites online? For example, https://freevideotomp3.com/, ...
4 votes
2 answers
632 views

What is the writ equivalent of habeas corpus, but for punishments other than detention

Exactly as the title suggests. What is the writ equivalent of habeas corpus, but for punishments other than detention? For example monetary fines, etc.
99 votes
6 answers
19k views

Why do many "No Trespassing" signs say "POSTED"?

Many "no trespassing" signs say "POSTED" in large letters at the top. Why? Obviously, the sign is posted; that's the whole purpose of a sign. To me, it makes as much sense as ...
15 votes
5 answers
11k views

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 ...
2 votes
0 answers
71 views

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 ...
1 vote
1 answer
408 views

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 ...
-2 votes
2 answers
163 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?
1 vote
1 answer
137 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 ...
0 votes
2 answers
144 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. ...
1 vote
1 answer
40 views

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 ...
0 votes
2 answers
88 views

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 ...
0 votes
4 answers
102 views

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 ...
0 votes
1 answer
63 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, ...
1 vote
1 answer
106 views

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 ...
0 votes
4 answers
393 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 ...
9 votes
2 answers
3k views

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 ...
2 votes
2 answers
1k views

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. ...
0 votes
1 answer
123 views

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 ...
2 votes
0 answers
95 views

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 ...
0 votes
1 answer
84 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 ...
-8 votes
2 answers
2k views

What is Justice?

In a legal sense, what is justice? I have looked for a definition and all I can find is: Protecting rights and punishing wrongs using fairness. Black’s Law Dictionary Does any jurisdiction in ...
0 votes
3 answers
171 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?
1 vote
4 answers
212 views

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

What does it mean to be "bound" in law?
1 vote
3 answers
4k views

What is the difference between a vacated judgment and an exoneration?

I just read an article in the Austin Chronicle (link) about Fran and Dan Keller, who were convicted of a felony in the Oak Hill satanic ritual abuse trial. The article states that "their felony ...
1 vote
1 answer
82 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.
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 ...
1 vote
2 answers
210 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 ...
6 votes
1 answer
699 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 ...
0 votes
2 answers
151 views

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 ...
-1 votes
1 answer
130 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 ...
6 votes
1 answer
217 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 ...
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 ...
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.
2 votes
2 answers
2k views

What is a difference between Pro Se and Pro Per?

What is a difference between Pro Se and Pro Per, in the United States legal system? From my understanding, both terms mean a party representing themselves. I read on https://www.avvo.com/legal-...
-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 ...
0 votes
3 answers
258 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 ...
0 votes
1 answer
138 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 ...
0 votes
1 answer
161 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 ...
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?
2 votes
2 answers
302 views

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

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