Questions tagged [legal-terms]

Use this when questioning the meaning of legal terms.

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Legal Ethics: Government lawyers giving legal advice & ABA rule 4.3?

I submitted a request for information to a government agency and got back an answer from a lawyer that seems to constitute legal advice prohibited under DC bar rule 4.3. Would a government (law ...
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2answers
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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 ...
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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?
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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 ...
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76 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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In software contracts, does “all right, title & interest in & to software” provide more protection than “all ownership right, title & interest in…”?

Seems that the addition of "ownership" here is limiting, but I'm not sure whether it really is or how it is. If the language "supplier retains all right, title and interest in and to ...
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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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1answer
63 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
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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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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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1answer
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What does “punishable merit” mean?

I was wondering what 'punishable merit' means in this text. Supreme Court Justice Stephen Breyer, who was heavily involved in the process, defended the use of past practice by pointing to the ...
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1answer
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Did the prerogative writ of prohibition ever have a Latin name?

Four of the five prerogative writs are known by their Latin names (habeas corpus, mandamus, quo warranto, certiorari), but I have never seen the fifth referred to as anything other than 'prohibition'. ...
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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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3answers
130 views

Is there a proper term for fraud by buying product from yourself to pad sales numbers?

Basically trying to make a business look larger or more lucrative by running the same money around in circles. Or something like that. The context I'm dealing with is hypothetical/fictional and ...
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4answers
142 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
31 views

Is there an official glossary of intellectual property terms in the UK?

I am writing a research paper on how intellectual property rights terminology in Russia compares to that in the UK. I am looking for an official glossary or a standard approved by the UK government ...
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1answer
62 views

How can payees (not payors) forfeit a deposit?

Forfeiture/forfeit a process under which a party must give up some benefit. For example, the buyer of goods may forfeit any deposit already paid if they refuse to complete the contract. JC Smith's ...
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1answer
72 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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1answer
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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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1answer
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What is the opposite of “lesser included offence”?

If someone is charged with murder, but acquitted at trial, they can't be later charged with manslaughter, because it's a lesser included offense. The opposite isn't true, though. If someone is accused ...
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Is it illegal to ask someone to commit a misdemeanor? What is this called?

In my Googling, I learned that in most states a defendant cannot be an accessory to a misdemeanor. What about someone just nagging and insisting on it?
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2answers
98 views

Why doesn't Commonwealth law routinely use Acceptee, like Offeror?

The Oxford English Dictionary recognizes acceptee. As the jurisprudes here know, Acceptee differs from Offeror, because offers don't have to be accepted. If you want to distinguish an accepted (from ...
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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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63 views

Do the words “take advice” / “taken advice” imply the advisor is a lawyer?

As per the title, I am (as a non-lawyer) helping someone in a dispute where fraud has occurred. If I'm helping the person write a letter to one of the involved parties based on my advice, if I help ...
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1answer
28 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 ...
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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
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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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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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4answers
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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 ...
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what does it mean if something is “Limited to intellectual property and copyright protection”?

What does it mean if a mobile app's use of encryption is "Limited to intellectual property and copyright protection"? Does that mean it doesn't contain any encryption that is patentable?
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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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1answer
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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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3answers
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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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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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1answer
46 views

Document says “A and B” have some authority — does that require unanimity or not?

If a governing document says that "A and B" have the power to act on behalf of Company X, does that mean that both A AND B have to sign e.g. a contract to bind the company? Or does it mean ...
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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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378 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 ...
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3answers
160 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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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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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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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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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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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
111 views

What is it called when someone suspects an outlawed behavior has been committed so asks for confessions?

I am looking for a legal term in the case where a particular behavior is outlawed. The governing body suspects someone has conducted the behavior but has no proof. The governing body then addresses ...
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71 views

What might be an “analog” for “frustration of purpose?”

In a contract, frustration of purpose occurs when "unforeseen" events prevent the operation of a contract from achieving its intended results, even if it can technically be fulfilled. For ...
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3answers
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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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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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What's the origin and reason for abbreviating “contract” as “K”?

Googling showed some answers, but none of them look authoritative. This post alleges that even Charles Fried doesn't know for sure. Some common law school abbreviations are "P" or "Π&...
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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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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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