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Questions tagged [legal-terms]

Use this when questioning the meaning of legal terms.

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3 answers
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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/, ...
PedroD's user avatar
  • 321
9 votes
2 answers
1k views

What are "equity" and "equitable remedies"?

What is equity and/or an equitable remedy? How does it relate to the common law?
Jen's user avatar
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1 vote
1 answer
191 views

Indepdendent/Contractor vs Regular Employee

I was about to ask another question but think I should start at the basics. What exactly does it mean to be working as a contractor? Many jobs require you to sign some contract (e.g. non disclosure ...
TwoTwins's user avatar
  • 161
13 votes
5 answers
2k views

Is "legalese" necessary?

I've noticed large corporations use language in their legal documents that sounds very different than how a normal person would speak. Is there a point to using legalese or is old fashioned plain ...
AlexP's user avatar
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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 ...
Someone's user avatar
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19 votes
3 answers
77k views

If an adult is raped by a minor, is it statutory rape?

Say an adult is raped by a minor, and does not give legally applicable consent regardless of knowledge of age of the minor. Do statutory rape charges against the adult still apply?
TheEnvironmentalist's user avatar
12 votes
4 answers
13k views

What exactly is a "title of nobility" under the US Constitution?

Article 1, sections 9 & 10 of the US constitution prohibit granting titles of nobility by the federal government or the states. What exactly is a title of nobility for these purposes? Why is (say) ...
Jason Baker's user avatar
2 votes
1 answer
389 views

Terms and condition for web scraping

I intend to scrape (download all articles) from a newspaper website which has some terms and conditions listed in its footer. The part which seems to be in my interest is as follows: You shall not ...
Basit Anwer's user avatar
-1 votes
4 answers
681 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?
Bill's user avatar
  • 15
6 votes
4 answers
490 views

Why is everyone affraid to give "legal advice"? What is the difference between legal advice and personal opinion?

Why is it illegal to give your opinion/advice about a legal problem or case if you are not licensed or do not have a lawyer/client contract? Findlaw - What is Legal Advice page says it's ok if you ...
Alex Doe's user avatar
  • 534
4 votes
3 answers
2k views

Are only citizens "at the time of the adoption of this Constitution" eligible to be President?

While reading this answer, I noticed some odd wording in Article II, Section 1 of the Constitution (emphasis mine): No person except a natural born citizen, or a citizen of the United States, at ...
user avatar
4 votes
0 answers
208 views

When does a videogame become a gacha game?

Recently I have been observing a lot of gaming companies pushing contents in their games that to my understanding should meet the definition of gacha. Yet, for some reason those games manage to avoid ...
SPArcheon's user avatar
  • 287
3 votes
1 answer
519 views

What is the difference in England between regulations and an Act?

In England for example sometimes are cited the coronavirus regulations rather than say the Highway and safety Act. What are the differences between these two types of instruments?
JosephCorrectEnglishPronouns's user avatar
2 votes
1 answer
505 views

In a contract what is the difference between indemnify and defend?

In a contract what is the difference between indemnify and defend? I often see them used together though I believe there is a subtle difference. If party x is to indemnify party y then x can't sue y. ...
plainsam101's user avatar
1 vote
2 answers
1k views

Is there any point in having Force Majeure in a contract?

Isn't force majeure statutorily implied in every contract whether or not explicitly stated. Further, is there any point in having a definition of force majeure as "including, but not limited to... - ...
user2877988's user avatar
16 votes
4 answers
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?
Frungi's user avatar
  • 301
14 votes
1 answer
3k views

What does "circumstantial evidence" mean in criminal procedure?

What does the term "circumstantial" or "circumstantial evidence" mean in a legal context, particularly in regard to criminal law? How is it different from other kinds of evidence. ...
David Siegel's user avatar
14 votes
2 answers
4k views

What does the long underscore in United States case citations stand for?

United States court cases are commonly cited like this: Obergefell v. Hodges, 576 U.S. ___ (2015) So... what is "___" here?
user556's user avatar
  • 141
10 votes
4 answers
4k views

How does Australia split its legal profession?

I just got an interesting edit suggestion to my recent question by someone who just registered (perhaps for the purpose of this edit suggestion). It proposes that "lawyer" is replaced with &...
Greendrake's user avatar
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10 votes
2 answers
5k views

Can a computer program agree to Terms of Service?

Most service providers have Terms of Service that people or entities need to agree to before legally using their services. On another question I had, arguments were made that you needed to be a person ...
Digital fire's user avatar
  • 5,489
10 votes
2 answers
4k views

What is the definition of a troll in the legal context?

Most commonly one hears the term in the context of the phrase "copyright troll," but what is the essence of a legal "troll"?
JosephCorrectEnglishPronouns's user avatar
10 votes
3 answers
2k views

What is stare decisis?

I know in general that stare decisis effectively means that once a court rules on a law that other courts can use that decision when considering their cases. But why is that the case, how is it ...
Chad's user avatar
  • 528
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
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 ...
TylerDurden's user avatar
5 votes
1 answer
976 views

What does "in the course of" mean?

I'm trying to decipher the Proprietary Rights section of a contract I've been asked to sign. Does "in the course of providing services" mean "during the same time as providing services" or "for the ...
adam0101's user avatar
  • 153
5 votes
1 answer
542 views

What does "severability" mean in the following context?

Parties A and B signed a contract governed by New York law. There were three "conditions precedent" for the contract to take place.None of these conditions precedent had been fulfilled on ...
Libra's user avatar
  • 6,498
5 votes
2 answers
373 views

Why 'Solicitor General', and not 'Barrister General'?

In countries with this dichotomy of the legal profession, mostly barristers argue in courts. In the UK, solicitors with Higher Rights of Audience can argue in lower courts. However, if Solicitors ...
user avatar
5 votes
2 answers
659 views

Counterfeit vs. pirated goods

What is the difference if any between pirated, contraband and counterfeit goods? "Smugglers usually smuggle contraband into and out of a country for commercial gain" a shipping line can as well be ...
mykey's user avatar
  • 239
4 votes
1 answer
292 views

What qualifies as "violent" and "assault"?

I was reading the following news: http://www.timesofmalta.com/articles/view/20150719/local/update-3-veteran-actor-john-suda-charged-with-violent-indecent-assault.577272 Essentially a person is being ...
Zuiq Pazu's user avatar
  • 155
4 votes
3 answers
13k views

What is the difference between sublet and sublease?

What's the difference between sublet, subleasing and subletting? Are they all words for the same thing? If sublet is the name of the person who takes over, is that the same as subletor?
clipclopshop's user avatar
4 votes
1 answer
653 views

How can testimony not be hearsay

The first defining condition for hearsay under Federal Rules of Evidence 801(c)(1) is that it is a statement which the declarant does not make while testifying at the current trial or hearing. As I ...
user6726's user avatar
  • 215k
3 votes
2 answers
118 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 ...
David Siegel's user avatar
3 votes
1 answer
231 views

What is the legal term for "cherry picking" points in an argument?

Some months ago on this site I came across a Latin term that described the idea of putting forth an argument for one side of an issue, but while doing so attempting to maintain grasp or control over a ...
Michael Hall's user avatar
  • 4,612
2 votes
2 answers
1k views

Explanation of "habeas corpus"

What body? And who has to have it? For what purpose? And then (it might be obvious once you've answered those questions, but please spell it out anyway) why is habeas corpus so central to the law?
user184411's user avatar
2 votes
1 answer
342 views

What's the difference between a body corporate and a corporation sole?

One of those instances where unfortunately there's not much to expand in this question apart from what's in the title.
TylerDurden's user avatar
2 votes
1 answer
416 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 ...
explore99's user avatar
2 votes
2 answers
248 views

What does it mean when an obligation is 'waived'?

A while ago, I received a LOD (Letter of Demand) for an amount of $380 with ABC-CO. I signed up for a service with ABC-CO 10 years ago and terminated the service 5 years ago. I have not received any ...
CheeseBeer's user avatar
2 votes
3 answers
124 views

What is my relationship with a service company contracted by my insurance company?

I am wondering about the legal terminologies that define a relationship that I have with a service company. Some maintenance work was needed for several appliances at my home, so I contacted my ...
Eddie Kal's user avatar
  • 411
2 votes
2 answers
100 views

How Google Play Policy applies to different Developers

I have a quiz game that was rejected from the Play Store on claims that it violates the Gambling policy because it currently allows users to win money for playing quizzes. On appealing, I asked the ...
Timothy's user avatar
  • 143
1 vote
1 answer
178 views

Can I use this other code in my own commercial projects?

I asked a legal question about the code earlier. In this other code, there are no copyrights. It even says this: This is the Readme File All rights reserved. No part of this publication may ...
rjhwinner03's user avatar
1 vote
3 answers
5k views

Can whatsapp messages be an evidence?

Please first read this question She sent me messages over whatsapp, Is those messages are valid in Indian and Canadian courts?
Karandeep Singh's user avatar
1 vote
1 answer
83 views

What is the scope of Indian Penal Code section 354?

The Indian Penal Code (IPC) section 354 criminalises criminal force or assault with the intent to outrage a woman's modesty. What does this cover? Is this broad? And does it apply equally in all ...
rahulgupta's user avatar
0 votes
0 answers
39 views

Does the term “pressure selling” have a legal origin? [duplicate]

Is it a pure colloquial term? Or does it have an origin in some article of legislation, or does (did?) it appear in some article of legislation?
TylerDurden's user avatar
0 votes
2 answers
472 views

What is the purpose of a Corporation Sole?

Why must an organisation represent the idea of an individual, rather than the organisation acting in its own capacity while the individual simply sits as its head? In other words, why do case workers ...
TylerDurden's user avatar
0 votes
2 answers
1k views

Creative commons for erotic purpose

I am a young writer and I need free photos of girls's body ( so with faces covered ) for the cover of my erotic book similar to 50 shades of grey. Can I use the photos of flickr under this licence ...
xRobot's user avatar
  • 119
0 votes
3 answers
750 views

Terms for torts committed under theory of promissory estoppel?

The promissory estoppel doctrine allows an injured party to recover on a promise upon which he relied, and then suffered a loss as a result. ... All that must be proven is that a promise was made, and ...
feetwet's user avatar
  • 21.8k
0 votes
2 answers
67 views

Legalities on summarizing the content of publishers and publishing to our app for readers

We have built a technology which gets trending things happening on internet from publishers like techcrunch, bbc, time of India and many more leading publishers. Then it summarizes the content of the ...
Daxeel Soni's user avatar
0 votes
1 answer
2k views

'Factual matrix' vs. 'Fact pattern'

Google revealed a definition of 'Fact Pattern/Situation' (abbreviate to FP) A concise description of all the occurrences or circumstances of a particular case, without any discussion of their ...
user avatar
-1 votes
1 answer
81 views

What is an “estate,” as in a “housing estate” or “council estate”? [closed]

Also, how does this sense of the word differ from those used in other jurisdictions, and how are any of the senses of the term derived from one another if at all?
TylerDurden's user avatar
-1 votes
1 answer
63 views

What is 'Cross' about Cross-Examination? Why was it chosen?

Source: Ontario Small Claims Court - A Practical Guide (2011), p. 12. (ii) Cross-examination of the Plaintiff §1.32 Following the direct examination of the plaintiff, the defendant or his ...
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