Questions tagged [legal-terms]

Use this when questioning the meaning of legal terms.

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24
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3answers
7k views

Pretending to be from the "Freedom to Breathe Agency": impersonating an officer?

There's a woman going around claiming to be from the federal "Freedom to Breathe Agency", telling store workers that they can personally be sued for telling customers that they need to wear ...
18
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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?
18
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3answers
48k 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?
16
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6answers
8k views

What does it mean to "pirate" a game, app, or other digital resource?

I've heard the term "pirate" many times before, but I have never really understood it. How do people do it and why?
16
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8answers
5k views

Is there a common name for lawyers and judges?

Lawyers and Judges, for as different as their roles may be, still work in the same system, and share many skills, even if their jobs involve vary different application of said skills. Thus, I'm ...
14
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1answer
2k views

What does a default judgement mean in the Alex Jones case

NPR ran a story about the judgment against Alex Jones by parents of Sandy Hook victims. Below is an excerpt (emphasis mine) Judge Maya Guerra Gamble in Austin, home of Infowars, entered default ...
13
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3answers
2k views

What is a municipal court?

I am studying for a Master's in Legal Translation. (I am French) I need to understand what a "municipal court" is. Is it like our "Tribunal de Police" for speeding on the road, ...
13
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2answers
897 views

What is it called when a country's laws apply to its citizens outside the country?

Suppose that a European country X (e.g. Germany) has a law against adults sleeping with people under the age of 16. Such a law, in this instance, would apply to anyone in German territory. But ...
12
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3answers
5k 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//, ...
12
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2answers
3k 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?
12
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5answers
1k 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 ...
12
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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'...
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4answers
7k views

Equivalent of "illegal" for violating civil law

If "illegal" is typically used for criminal law, what adjective or adjectives are generally used for breaking civil law?
11
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4answers
11k 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) ...
11
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2answers
248 views

How basic were Senator Kennedy's questions to Matthew Spencer Petersen?

The recent hearing of the candidates for district court judge sparked some media attention as President Trump's candidate, Matthew Spencer Petersen, could not answer (video here) some law-specific ...
10
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3answers
3k views

How to interpret or parse this confusing 'NOT' and 'AND' legal clause

In the following legal clause: They shall not confer the right to attend any meeting of members and to exercise one vote for every share held. Does the NOT negates both ANDs as in: They shall ...
9
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3answers
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 ...
7
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2answers
3k views

Copyright in copyleft licence?

Is the copyright mentioned in GPL v3 used just for the sake of defining the word? (It's not copyrighted, but the word encompasses the same actions that would violate the copyright if it was ...
7
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2answers
951 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, ...
7
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3answers
293 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 ...
7
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1answer
1k views

Extradition without treaties?

I came across some new reports about Japanese scammers being extradited from Thailand. But my research seems to suggest that no extradition treaties exist between the two countries as of now. From ...
7
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1answer
2k views

What did Samuel Alito (SCOTUS) mean by "super-legislative" power?

In Obergefell v. Hodges (the recent gay marriage ruling), Samuel Alito writes in his dissent (p. 73 of this PDF containing the electronic opinion): This is a naked judicial claim to legislative—...
7
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1answer
250 views

What is a leading question?

What constitutes a leading question? Until recently, I assumed it was the same as a "loaded question" in a casual context, like a question in a push polls designed to bias the answer. But through ...
6
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1answer
5k views

Law case title convention: Why sometimes not "Plaintiff v. Defendant"?

Quoted from this page: Plaintiff v Defendant - the "v" is pronounced "and" in civil cases and "against" in criminal cases However, I've seen a few cases not following this rule. For example, Bell ...
6
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4answers
350 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 ...
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4answers
1k views

What's the difference between an accessory and an accomplice?

What are the definitions of each and what exactly is the difference?
6
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1answer
329 views

How to parse 'notwithstanding ... forfeiture is avoided otherwise than by relief'?

[Source:] The landlord argued that the tenant must pay the administration costs based on the covenant[,] given by the tenant in the lease which read as follows: “To pay all expenses (including ...
6
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1answer
267 views

Difference between subletting, assigning and subleasing?

When a person signs something agreeing to rent a space for a given amount of time, what's the difference between the person subletting, assigning and subleasing the space? One particular thing I'm ...
5
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9answers
2k views

Are judges supposed to take public opinion into account?

Is there a legal consensus on whether judges should / should not be influenced by public opinion? If so, is there some maxim, phrase, or principle that illustrates that position (e.g. "innocent ...
5
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2answers
2k views

What, if any, is the legal meaning of the term "benefit of the doubt?"

One instance that I am familiar with is "innocent unless proven guilty beyond a reasonable doubt." So if you think that someone is "probably" guilty, but have a "reasonable ...
5
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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 ...
5
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7answers
1k views

What is the opposite of argumentative?

From the Wikipedia article: Argumentative is an evidentiary objection raised in response to a question which prompts a witness to draw inferences from facts of the case. ... For example, if a lawyer ...
5
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2answers
449 views

Is Double Indemnity conduct which can be considered both civil and criminal?

In a basic introduction to law class (major is computer science, I'm in the UK and the focus of our course is England and Wales) we were told that conduct which can be considered as both civil and ...
5
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2answers
669 views

Accept vs Agree

In a contract, is there a difference between "accepting the terms and conditions" versus "agreeing to the terms and conditions"?
5
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1answer
504 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 ...
5
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4answers
125 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 ...
5
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1answer
2k views

What does "object to the form" mean?

I've been reading the notes for a recent prolific court case, and in the records of what was said the phrase "Object to the form." comes up quite a lot. What does this phrase mean? (If it is ...
5
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2answers
609 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 ...
5
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2answers
2k views

What is the difference between "private" and "confidential"?

It is often stated on the envelope of bank statements, or certain email messages: Private and Confidential Presumably, "Private" and "Confidential" are two different legal terms, hence the need to ...
5
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1answer
206 views

can I get sued without accepting EULA

I plan publishing information in an article about Software which is the result of people reverse engineering the software. The author of the software has been attempting to sue people who made use of ...
5
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4answers
26k views

Is it legal to sell game items for real money?

Me and my friends play WoW, LoL etc(online games).. Is it legal to sell in-game items for real money? I know it's a small case and probably won't be chased after but in terms of law, is it perfectly ...
5
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1answer
129 views

How to refer to Supreme Court cases by just one name

I'm writing a paper for my high school U.S. History class, and I want to refer to certain Supreme Court cases by just one name after my first naming of the case (for example, I want to refer to Rucho ...
5
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1answer
474 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 ...
4
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1answer
2k views

Why are magisterial judges not addressed with "your majesty?"

Magisterial judges tend to be lower-level judges, but court officers (e.g., lawyers) still address them as "your honor." It seems, given the title of their office, that "your majesty" would be the ...
4
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1answer
333 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 ...
4
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3answers
259 views

Use of the words "losses" and "damages" in an indemnity clause in a medical education course participation form

I'm a pharmaceutical translator, and I'm proofreading a Russian-to-English translation of a form to be signed by a participant of a medical education course. The text includes the following sentence: ...
4
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2answers
311 views

What does equitable mean, especially in special education law?

I understand equitable as it's used in ordinary speech, but not in the legal sense, apparently. Here is some legal text I'm having trouble understanding: "In order to have a chance at ...
4
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3answers
736 views

What does the term "Probable cause" mean?

I know what probable cause is and how it is used in law/law enforcement. But what does the actual term "probable cause" mean? In a sentence where it is used like "The drug dog's alert gave me ...
4
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3answers
16k views

How long can my girlfriend stay over at my place despite not being on the lease?

I have recently signed a new lease and moved into my new place. The place I have moved in is a unit in an apartment complex. The manager of the complex told me I cannot have guests for more than 14 ...
4
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2answers
106 views

Have I to specify the sentence and paragraph when referring to the law?

Asking for Ukrainian Law system (if there is difference). For example, there is a law; in the law there are an article; in the article, there are few paragraphs, and I need to refer only to one of ...

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