Questions tagged [legal-terms]

Use this when questioning the meaning of legal terms.

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1answer
41 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
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
73 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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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1 U.S. Code § 108 provides "Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided."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
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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1answer
115 views

Written evidence vs terms of service

Me: from Europe Company A: from United States of America I signed up for a service from company A. A stated in their written e-mails to me that I would get a full refund when the service they ...
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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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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
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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1answer
92 views

When does a cogeneration plant feed power to the net, according to the german KWK-G 2015?

§7 (1) of the current german KWK-G (Law concerning co-generation plants) makes a huge difference for power fed into the grid, or not. Say an installation consumes 150-200 kW contiually, and operates a ...
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1answer
78 views

What does “forensic practicability” mean?

Herring. Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 728 last para.       By contrast with the House of Lords, the view taken here is that a conviction for a stigmatic offence is a ...
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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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2answers
995 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... - ...
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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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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?
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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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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
155 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 ...
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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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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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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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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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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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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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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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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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2answers
70 views

latin expressions in jurisprudence

I'm from Austria, which is a german speaking country. In the german language, in jurisprudence, we have lots of latin terms / expressions, because latin expressions seem to be more exact. Is this ...
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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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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
1k views

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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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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2answers
121 views

What is the legal standard which would make a request to investigate “improper”?

On May 3rd, 2019, Kamala Harris tweeted: I'm calling on the DOJ Inspector General to investigate whether the White House improperly ordered or pressured Barr to investigate the president's ...
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2answers
215 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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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) ...
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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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3answers
483 views

Which has precedence, a purchase policy or an invoice's payment terms?

If an online company has a posted policy that says your payment is due on the second of every month, but send you an invoice with terms of net 30 and a due date of the thirtieth, is the invoice date ...
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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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2answers
155 views

What's the difference between gross negligence and criminal negligence?

What's the difference between gross negligence and criminal negligence? A simple example that would show the difference would be appreciated.
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25 views

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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2answers
8k views

Meaning of the word “person” and “individual” under U.S. law

How does the U.S. define the word "person" in the statutory sense? I know the Dictionary Act defines it as an "individual" or a corporation, corporate body, but that leaves open the question, what is ...
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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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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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