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Questions tagged [legal-terms]

Use this when questioning the meaning of legal terms.

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11
votes
2answers
195 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 ...
2
votes
1answer
81 views

Reasonable interpretation of the term “In connection with” with respect to intellectual property

In the phrase: "You agree that any rights you may have in any intellectual property produced, invented or conceived by you in connection with any of our business whether before or after the date of ...
0
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1answer
76 views

Is it legal to attempt to redefine legal terms?

If a term or phrase has a specific (and relevant) legal definition in UK law, can I use it to mean something else, and can I use it to mean something else without first telling the other party what I ...
2
votes
1answer
107 views

Is there a difference between the legal meaning of the term “ordonnance” and “statutory instrument”?

We have currently a debate at the Wikidata Project Chat about whether the term ordonnance (the idea that it's equivalent to the German word Verordnung) and the term statutory instrument have the same ...
2
votes
1answer
87 views

Distributing a free iOS app to Iranian users

I'm an iOS developer and one of my apps is a free app that targets Iranian user. The app is free with no ads. Apple asked me to provide an OFAC License to publish the app: Dear Developer, ...
2
votes
1answer
160 views

KYC (Know Your Customer) Verification Between Two Businesses

I want to add a payment service to an existing business which has already verified its customers (id, proof of address). The service is not like Stripe, because they only abstract the connection with ...
3
votes
2answers
904 views

Is there a difference: “two-sided” vs “bilateral”?

Is there any real difference between "two-sided contracts" and "bilateral contracts"? (And also between "one-sided contracts" and "unilateral contracts"?) After scouring the web, it seems that in ...
0
votes
1answer
45 views

Formal language for victims in criminal cases

Is there a term of art for the "victim" in a criminal case? I've done a bit of searching, but can't really find an accurate answer. Often victims are lumped together with witnesses. The reason that ...
1
vote
1answer
631 views

Greek Mythology symbols and their fair use

I'm making a video game that I will sell on an online website. I want to implement some references to greek mythology like symbols. Am I allowed to implement them and sell my game?
1
vote
1answer
269 views

What does “purported exercise of power” mean?

In the context of indemnification against claims of liability of an office bearer, what is the distinction between "exercise" and "purported exercise" of powers? One definition of "purport": To ...
4
votes
2answers
99 views

What is a Power Of Attorney

I live in the middle east and I have signed up for a developer's account with Microsoft to publish apps on windows store. In order to receive payments, I had to provide the financial details such as '...
0
votes
2answers
57 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 ...
0
votes
1answer
60 views

The inner law “overrules” law of a country

I would like to know if there is a term for the following situation/fact: For a certain situation, for a certain country there is a law, and because I live in this country I have to adhere to it. ...
0
votes
1answer
692 views

Meaning: 'set up the breach of warranty in diminution or extinction of the price'

Source: p. 564 Top. I, not the book, bolded. Section 53(4) [of the Sale of Goods Act 1979] also provides: The fact that the buyer has [1.] set up the breach of warranty in [2.] diminution ...
0
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3answers
384 views

Inheritance or gift

I got some stock from my family last year. Do I call this as an inheritance from my family? Or a gift from my family? Another way to ask this is: Does inheritance always happen posthumously?
0
votes
1answer
529 views

Is it illegal to upload a movie on facebook and allow only one friend to see it

I believe that it is perfectly legal to buy a movie and watch it at home with a friend. So considering this logic I was thinking about uploading a movie to Facebook as a post and allow only that ...
-1
votes
1answer
113 views

Google Translate Voice/Speech used in an app

I have made an app using Google Translates Voice/Speech-functionality in some features. Is it legal use it for commercial purposes?
2
votes
2answers
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?
1
vote
2answers
86 views

What can people do to be legally protected while licensing digital products over the internet?

As I've developed develop digital products and teach at an educational organization, I've become increasingly interested in studying the details of the law that effect the modern generations of new ...
1
vote
2answers
268 views

Married to someone who's not american for 7 years without registration. Will I get charged of bigamy if I married somebody else later?

I am a u.s citizen. I got married(We had a wedding with witness) and lived with my ex-wife who's non-u.s citizen for 7 years without registering our marriage in any country. We've never lived in the U....
1
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2answers
324 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... - ...
1
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1answer
675 views

What does “paid endorsement” mean?

I've seen a lot of YouTuber personalities claim that "this is not a paid endorsement", and I'm wondering if this is just legal phrasing that's akin to answering "Have you ever been convicted of a ...
2
votes
1answer
303 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. ...
1
vote
1answer
56 views

Indemnity to help in another's defense? What does that mean?

I am reading through legal materials, and I came across this line: "We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, you will help ...
0
votes
1answer
98 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 ...
1
vote
1answer
200 views

Good Samaritan law

What exactly is the Good Samaritan law? Can someone please explain the Good Samaritan law? What is the Good Samaritan statute? How would someone apply the law in LaSalle County Illinois? Edit: After ...
2
votes
1answer
299 views

What does “human-perceivable form” mean?

I am trying to find the differences between Version A and Version B of an executable binary to determine whether Version C (a localisation) is based on Version A or Version B. The problem is the ...
2
votes
0answers
210 views

What is the “equitable rule of reason” in the fair use doctrine?

In Sony Corp. v. Universal City Studios, Inc., 464 U.S. 417 (1984), the Court decided that Sony's manufacturing and selling of VTR's did not infringe the copyrights of Universal Studios and Walt ...
0
votes
1answer
2k views

Trespass Warrant

If I invite my HOA neighbors to my business conference room and one becomes unruly, I will ask him / her to leave. The conference room property belongs to my family. If the disinvited refuse to ...
1
vote
2answers
3k 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 ...
4
votes
2answers
127 views

What is the purpose of this “Rule of construction” in a bill (H.R. 720)?

I'm reading the text of bill "H.R. 720: Lawsuit Abuse Reduction Act of 2017" as it was introduced on Jan 30, 2017 at govtrack.us. Sec. 2. (b) reads Rule of construction.-- Nothing in this Act ...
2
votes
1answer
96 views

What does “majority at” mean in ruling documents

Example document: https://www.courts.wa.gov/opinions/pdf/886946.pdf p. 13: Instead of following Cox, 14 the majority relies on City of Houston v. Hill, 482 U.S. 451, 107 S. Ct. 2502, 96 L. Ed. ...
2
votes
1answer
2k views

What is the difference between enacting and promulgating?

What's the difference between promulgate and enact?
1
vote
1answer
3k views

What is the difference between a law and an act?

In context of Indian legislature, I know that when a bill is put to vote in the Union parliament and gets the votes of majority of the members in all the houses, it is sent to the President of India ...
0
votes
2answers
108 views

The Statement of Economic Interest with the Mississippi Ethics Commission is confusing me

I am running for mayor in MS, and so far I think I have answered all question correctly ($10,000 fine for an incorrect answer). But this question is confusing me: List all public bodies, whether ...
4
votes
2answers
565 views

Do legal documents use the person's current or former legal name when referring to the past?

Person was named "A" prior to year 2000. The name was legally changed from "A" to "B" in 2000. When creating a legal document, is there a standard of how that person will be called when specifically ...
0
votes
1answer
73 views

Need overarching term for laws and regulations

Because of space limitations, I need a concise way to say laws and regulations Would "statutes" work? (If you need more context, I am citing both IDEA and New York State Commissioner Regulations ...
0
votes
1answer
457 views

What does “procedural defenses” mean?

I have filed a petition with the New York State Review Office, to appeal the decision in my son's special education impartial hearing (using 2016 rules). The process allows for the school district to ...
5
votes
1answer
3k 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 ...
2
votes
1answer
82 views

What is the plain-English meaning of 'obliged to receive'?

I've come across this phrase several times when reading legal texts, and it's always confused me. If someone is "[not] obliged to receive [something]", does this more closely mean they are [not] "...
4
votes
2answers
218 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 ...
0
votes
1answer
499 views

Contract Law: What is the difference between 'Choice of Law' and 'Governing Law'?

I have been trying to understand, if there is any difference between Choice of Law and Governing Law clauses, mentioned in contracts? If no, what is the difference and can they both be in the same ...
0
votes
1answer
116 views

Are there laws serving a compelling government interest that create neither rights nor duties?

There are laws, such as proclamations enacted for symbolic reasons, etc., that neither require nor prohibit conduct. In other words, the law creates neither a right/benefit nor a duty. Can any such ...
1
vote
1answer
75 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 ...
1
vote
1answer
426 views

Difference between “hereby moves” and “following relief” for change of venue motion

My sister need to file a motion for a change in venue (in North Carolina) to move a court case from a county she previously resided in to the county where she currently resides. But we're a bit ...
3
votes
3answers
6k views

Are encryption apps (iOS) exempt from US Export Regulations if released to the US App Store only?

Note: The original question in iTunes Connect regarding exemptions has since been changed to reflect recent changes made to their FAQ as follows: Does your app meet any of the following: (a) ...
2
votes
1answer
796 views

What is the difference between Libel and Libel Per Se?

Defamation is defined on various legal online resources (as well as here, and Libel is written and published defamation. Libel is defamation and defined as a false and unprivileged statement of fact ...
1
vote
2answers
124 views

How to describe harassment by opposing lawyer in hearing?

I was recently involved in a special education impartial hearing. I was pro se. The school district's lawyer harassed me when I was testifying, and one of my expert witnesses, as well, with her body ...
16
votes
3answers
18k 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?
1
vote
1answer
938 views

How to reference MSA in work order?

How do companies reference a Master Services Agreement in work orders or statement of work? What language is normally used to do this?