Questions tagged [legal-terms]
Use this when questioning the meaning of legal terms.
537
questions
3
votes
2
answers
93
views
Why is a divisional court called a divisional court?
A court sitting with more than one judge is a divisional court. I am having difficulty seeing the relevance of the term to its definition.
- 5,848
0
votes
0
answers
31
views
Is there a term describing an arrest made for an alternative motivation? [migrated]
Suppose Bob is a news reporter who honestly reports bad things about the police chief. The police chief doesn't like it, and he wants to arrest Bob for it, but he knows he can't legally do so because ...
- 101
-3
votes
1
answer
55
views
Why does "object" mean "the persons who may benefit from property on the exercise of a distributive power, or discretionary trust"?
I know that legal persons can be natural/physical, or juridical/fictitious. But even fictitious persons are animate, or are run by humans! Hence, this word choice of OBJECTS feels weird, because "...
user50020
-2
votes
1
answer
115
views
What is the difference between the respective doctrines of de minimis and frivolous claims
Some claims are dismissed as de minimis while others are said to be frivolous. Are these two notions completely synonymous? If not then what’s the difference between them?
- 5,848
1
vote
1
answer
128
views
How is untouchability defined in Indian law?
Article 17 of India's Constitution makes it mandatory to abolish all forms of untouchability but what does untouchability mean? There's also the protection of Civil Rights Act 1955, India that makes ...
- 341
0
votes
1
answer
95
views
Difference between "illegal" and "unconstitutional"
For a layman, what is the difference between illegal and unconstitutional? These two words have been abused in several debates and political forums in the last two decades that they have been used ...
4
votes
2
answers
198
views
Is the term "commercial purposes" defined in Indian law?
For example in various laws related purchase of machinery and consumer rights , Intelectual property / patent or in extreme cases pornography or the term "for commercial purpose" is used. ...
- 341
0
votes
0
answers
25
views
What is the legal doctine of mootness? [duplicate]
Coming on the heels of this question:
Is there some legal doctrine that prevents a judge from entering a
judgement for possession in circumstances where a tenant vacated the
premises prior to trial, ...
- 597
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 ...
- 5,387
0
votes
1
answer
34
views
what does "force" and "criminal force" apply to in Indian Penal Code?
how is "force" interpreted in section 349 Indian Penal Code?
Force.—A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or ...
- 341
4
votes
1
answer
138
views
What is the difference between the terms defendant and Respondent?
It seems that there is perhaps a trend toward less adversarial terminology, so I wonder if it is that defendant was a more traditional term used exclusively historically, while Respondent has now ...
- 5,848
4
votes
1
answer
277
views
What is the “prayer” in a claim?
A blog refers to certain things not having been pleaded/specified in the “prayer”. What does this refer to?
- 5,848
0
votes
3
answers
143
views
Why is it called Civil Law? What's "civil" about it?
Why is a civil legal system referred to as a system of “civil” law? In what sense is it “civil”? Does the name derive from origins in or association with the civil code or code civil? In this case, ...
- 5,848
3
votes
1
answer
53
views
How is transient occupancy determined in Colorado?
Colorado Revised Statutes § 38-12-511 (2020), "(d) Transient occupancy in a hotel or motel that lasts less than thirty days;"
In Colorado how is transient occupancy determined? If a hotel ...
0
votes
2
answers
161
views
Does "OK" imply "Yes", in the eyes of the law in general?
Is "OK" legally binding as a "Yes"?
In some situations, I have been asked questions, and I said "ok", but they just repeat their question one more time.
So I think "...
- 121
3
votes
1
answer
129
views
What is denoted by “operation of law”?
I had only previously encountered the phrase as in “surrender by operation of law” until just now I read the latter portion of the phrase used independently by user @ohwilleke in another answer. What ...
- 5,848
0
votes
1
answer
68
views
What are the correct parameters of usage for addressing parties as one’s “learned friend”?
Does a solicitor with right of audience address their opposing barrister as their learned friend? Do they get addressed as the barrister’s learned friend?
What of a litigant in person?
And in all ...
- 5,848
0
votes
2
answers
52
views
"Be to verb" in contract
This is a provision in CONTRACT FOR THE
INTERNATIONAL COMMERCIAL
SALE OF GOODS
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their obligation to effect ...
- 31
-2
votes
1
answer
24
views
resolution vs settlement
This is a provision in CONTRACT FOR THE
INTERNATIONAL COMMERCIAL
SALE OF GOODS
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their obligation to
effect ...
- 31
0
votes
2
answers
82
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 ...
- 5,848
-2
votes
1
answer
24
views
Why did the contract writer use both provision and term?
This is a provision in CONTRACT FOR THE
INTERNATIONAL COMMERCIAL
SALE OF GOODS
Effects of avoidance in general
12.1 Avoidance of this contract releases both parties from their obligation to
effect ...
- 31
0
votes
3
answers
68
views
What’s the difference between a trial court and a court of first instance?
In a recent discussion thread one was defined as apparently rather nearly the same thing as the other prompting me to ask what is the difference between them.
- 5,848
4
votes
1
answer
1k
views
What is "probity"?
I have found a number of definitions but none are satisfyingly congruent with the usages that I have seen in legal contexts including several times on here, which generally use it to describe a ...
- 5,848
-1
votes
2
answers
61
views
What is a “submission”?
It was used in a recent answer to mean “a legal argument”. Is it necessarily of this nature? Or is it broader (i.e. “anything one submits”)?
- 5,848
0
votes
0
answers
39
views
Does there exist a rental law?
I have just rented an AirBnB apartment, where there were a broken door, that the renter hadn't informed about and also that there were some rare and hard to replace items in the apartment, that I am ...
0
votes
2
answers
49
views
What does endorse mean?
According to Oxford Languages,
sign (a check or bill of exchange) on the back to make it payable to
someone other than the stated payee or to accept responsibility for
paying it.
I'm having trouble ...
-3
votes
1
answer
72
views
What is "the Court"?
In legal proceedings there seems to be a nebulous entity often referred to as "the Court". What does this device/construct denote and what is its purpose? Is it basicallyy like an avatar ...
- 5,848
0
votes
1
answer
53
views
Is the character of a “request” legally defined?
In general English usage the notion of a request seems to connote that compliance with it is discretionary and not required. But in legal usage and correspondence it seems to perhaps assume a ...
- 5,848
1
vote
1
answer
27
views
What are the differences between petitions, complaints, and indictments?
These seem to be ways of bringing actions to a court. How do they differ and compare?
- 5,848
-1
votes
1
answer
45
views
What is the definition of a trial?
Does it refer to a series of final hearings in a case that will have followed any other preliminary hearings on subsidiary issues?
- 5,848
1
vote
0
answers
60
views
What does it mean for a hearing that has been listed to be “vacated”?
Does it more strongly suggest that it will have been dispensed with finally, or that it will be rescheduled/relisted for another date?
- 5,848
2
votes
1
answer
43
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 ...
- 21
1
vote
3
answers
91
views
What does "necessary" mean with regards GDPR and cookie consent
The GDPR makes use of the word "necessary". For example article 6. Lawfulness of processing 1. (f) says "processing is necessary for the purposes of the legitimate interests pursued by ...
- 4,135
-1
votes
2
answers
123
views
Is there a difference between seizing and impounding items?
You hear both terms used to refer to broadly the same action.
- 5,848
3
votes
1
answer
56
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.
- 5,848
5
votes
1
answer
1k
views
What is "distress," as in "distress for rent"?
There have been several distress for rent acts in the 17th and 18th centuries, which provide a right for distress. What is the nature of this right and the origin of its name?
- 5,848
0
votes
1
answer
40
views
What is/was a court of "judicature," and how is it named?
Supreme court of judicature etc. I feel like it may even still be a thing in Scotland, but you see it in older EWCA decisions. What does the word mean and what does it note to qualify a court's name ...
- 5,848
0
votes
1
answer
44
views
In a contract what is the clearest way to state which country's currency is being used? Why is there so much variation to these terms?
I noticed in written contracts there are various ways to state which currency is to be used for money. What is the difference between 'legal tender' and 'lawful money'? Is it more clear just to say '...
- 69
2
votes
2
answers
56
views
Why is the term forfeiture used to describe the landlord's act of "taking back" a property?
Forfeit generally denies relinquishment or loss, and yet it is the term used to describe the landlord's role in the dance as they resume possession of a place. What is behind this?
- 5,848
10
votes
1
answer
4k
views
Why is a lawsuit a "suit"?
Where does the term "law suit" for a legal case come from? It seems to perhaps only be used to refer to civil cases, however. Also, is it a purely American (USA) term or does it also find ...
- 5,848
2
votes
1
answer
73
views
How is sexual intent proven or disproven in Indian criminal law?
The Indian Penal Code states that
physical contact and advances involving unwelcome and explicit sexual overtures
is guilty of sexual harassment. Pikewise, POCSO act sections 7 and 11 state
Whoever,...
- 341
0
votes
1
answer
72
views
Why do adjectives sometimes follow nouns in legal phrases?
For example, consider the phrase "bodies corporate." Would the more natural English construction not simply be "corporate bodies"?
Why is the former form so often used?
- 5,848
-1
votes
1
answer
59
views
Legal "we": when is it appropriate to use "we" in legal correspondence?
Similarly to how a party's representative is often referred to in the third person as "solicitors," it seems often that in legal submissions and other correspondence, individual solicitors ...
- 5,848
0
votes
0
answers
47
views
how is "force" in Indian law interpreted based on section 349 of the Indian penal code?
Indian penal code defines "force" as
A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance ...
-1
votes
1
answer
41
views
What is the basis for the convention of referring to representative solicitors in the plural?
Often a party’s representative seems to be referred to in formal legal contexts as their “solicitors”, even when it appears to be a single individual who is managing the case on the party’s behalf. ...
- 5,848
2
votes
2
answers
338
views
What does the phrase "in this act unless context requires otherwise" mean?
Various Commonwealth countries, like Malaysia, Singapore and India, use this phrase in sections which include definitions or explanation of a law. What does it mean? E.g., Article 13 of the Indian ...
- 21
0
votes
0
answers
38
views
What's the difference between compensation and redress?
I read on https://www.thefirstnews.com/article/wrongly-accused-pole-gets-eur-286-mln-in-return-for-18-years-in-jail-19684:
Komenda will receive PLN 811,533 (EUR 181,000) as compensation and PLN 12 ...
- 5,169
9
votes
2
answers
5k
views
Which security is the social security number about?
Everywhere online this seems to be a given, no source even attempts to explain it:
If the social security number is about identifying an individual/citizen/taxpayer, why is it not called social ...
- 443
0
votes
2
answers
82
views
Why does the term "counsel" typically refer to barristers rather than solicitors?
It seems arbitrary that it seems to conventionally refer to one rather than the other, but is actually even more confusing that it refers to barristers rather than solicitors when one typically seeks ...
- 5,848
4
votes
1
answer
206
views
What actually is a “Modern Day Slavery Policy”?
On many businesses’ websites there is an unobtrusive link to a so-called modern day slavery policy. What is this, and what provisions does it fulfill or get governed by?
- 5,848