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Questions tagged [legal-terms]

Use this when questioning the meaning of legal terms.

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2
votes
2answers
529 views

Persuasive authority using other jurisdiction's opinions

I'm an English teacher who teaches legal English to foreign students using the UK legal system for context. I was checking the definition of 'Persuasive authority' using TransLegals' dictionary and ...
2
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1answer
61 views

'a bar' means 'prohibiting completely' or 'the possibility of prohibiting'?

Failure to provide the information required under sub-section (1) of this section is a bar to a claim for compensation under this Act, unless the Board is satisfied that the - In the sentence above, ...
1
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0answers
66 views

What is the obligation for a lawyer to present a deal from the opposing party to his/her client(s) called?

What is the obligation for a lawyer to present a deal from the opposing party to his/her client(s) called? For example, if the prosecution wants to put away someone for 8 years, the defence has an ...
1
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1answer
99 views

Do you get paid more if your notice period ends on bank holiday/weekend in UK?

I consider leaving my current job in UK and wanted to ask about the following situation. I work in UK, my contract is indefinite and my notice period is 3 months. Let say I hand in my resignation ...
0
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1answer
81 views

Obscene Publications Act (UK Law) - Meaning of 'publishes'?

So, what I want to know is this: Suppose there is an article online that somebody wrote, which is 'obscene' by the criteria outlined e.g. in http://www.cps.gov.uk/legal/l_to_o/obscene_publications/ ...
5
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4answers
11k 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 ...
0
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3answers
792 views

What is the Underlying Meaning of the Phrase “no reason to believe”?

I've searched online for this, to no avail. In a dispute where attorneys are involved on one or both sides, what is an attorney signalling, in terms of legal strategy (i.e. beyond the literal meaning ...
1
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2answers
179 views

What is pro bono?

I heard someone say; "I used to work with you for free. Now I'm gonna do it pro bono" And I thought he just repeated himself. But I want clarity. So what does pro bono actually mean?
0
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1answer
55 views

Can I build a social media client

If I wanted to build a Facebook app for my desktop and post it in the app store to show my potential employers, would I need any special permission? I've seem other Facebook client apps in the app ...
1
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1answer
271 views

Viral nature of open source licences

I find the various licenses for open source software confusing. If a license is not copyleft, like MIT, does that mean a person can change one small piece of code and patent it and sell it as their ...
0
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1answer
41 views

Assisted by friendship, on friendship, or …?

let us say an attorney who is also a close friend of mine assist me just thanks to our friendship, without charging any fee. Question is, is there a way to refer to such kind of situation? Would you ...
9
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4answers
6k 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) ...
5
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1answer
402 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 ...
0
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1answer
78 views

What is meant by “each and every”?

In a contract, what is meant by "each and every"? Isn't this the same as just "each"?
2
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1answer
791 views

Is lying/faking income for loans illegal?

From what I gather people sometimes may devise fake proof of income to be granted loans -- loans they don't expect to pay back anytime soon or in some cases ever. It's probably very easy to fake ...
3
votes
3answers
7k views

What is the difference between sublet and sublease?

What's the difference between sublet, subleasing and subletting? Are they all words for the same thing? If sublet is the name of the person who takes over, is that the same as subletor?
1
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2answers
3k views

What does payable in advance mean?

I was just reading this sublease agreenment and find it very strange that it doesn't have a section clearling indicating when the payment is due. https://www.ilrg.com/forms/sublease/us/pa The ...
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2answers
1k views

What is Justice? [closed]

A blindfolded woman holding out an equal-arm scale commonly illustrates Lady Justice. However, this is merely a characterization Justice. In Book I of Plato’s Republic, Thrasymachus claims that “the ...
1
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1answer
169 views

Using plural pronouns in a contract for a single entity

In regards to an NDA between a company and one person (employee or outside contractor), should the term "we" and "our" be used instead of "I" and "my"? For example, here's a clause from my NDA: We ...
1
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0answers
112 views

Is it legal to display images found using public APIs on my website?

Good day, everyone! I have a website about tourist attraction all around the world and we use automatic geolocation based searches in Flickr/Panoramio/Foursquare/500px photo bases using their public ...
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3answers
3k views

Can whatsapp messages be an evidence?

Please first read this question She sent me messages over whatsapp, Is those messages are valid in Indian and Canadian courts?
0
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1answer
171 views

Can a US government official legally deny they are a US government official

I was wondering if it is illegal or legal for a US government official/employee to deny that they work as a US government official/employee, even if they are requested to deny this information(I'm not ...
1
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2answers
92 views

Google Maps Terms of Service

I came across a section of the Google Maps Terms of Service (link) that confuses me. I am currently developing a phone app and would like to use Google Maps. Is this section saying that Google owns my ...
2
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0answers
2k views

What is the meaning of “full force” in a contract?

What is the meaning of "full force"? Here is an example of it used bellow. Does it still have the same meaning if "full force" is removed? The unenforceability of any provisions of this Lease will ...
4
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1answer
3k views

Is there a difference between “illegal activity” and “criminal activity”?

What is the difference in meaning and use of the phrases "illegal activity" and "criminal activity"? Is one broader than the other?
0
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2answers
98 views

Do any English legal terms lack clear translations into other languages?

I am looking for correct translations of English legal terms. Any language is welcome as target language, but let me ask just for French. (Maybe somebody from Canada knows very well and can help ...
0
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1answer
722 views

Is it legal that I use Windows 10 without activating it?

I want to use microsoft Windows as my OS but I don't want to buy it after the Windows trial time expires. According to the microsoft licenses: Is it legal that I use Windows 10 for years without ...
4
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1answer
87 views

Does the “general public” include business entities?

Specifically regarding securities laws in the United States, there is often terminology that says: ... must not be marketed to the general public... The definition of "marketed" I understand and ...
5
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2answers
453 views

Accept vs Agree

In a contract, is there a difference between "accepting the terms and conditions" versus "agreeing to the terms and conditions"?
3
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1answer
203 views

Legal basis for distancing from internet services

Our private team of gamers has a small gaming community. In order to increase our reach of people and to let our community grow, we do provide some users with free Minecraft servers, as well as ...
2
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1answer
342 views

Is the phrasing in a lease important? e.g. “not allowed” vs “must not” vs “shall not”

I asked the question about legalese and it seems the important part is that the parties' intents are communicated clearly. I've noticed in property leases there are quite a few different styles of ...
0
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1answer
71 views

Am i allowed to share a photo of Apple Maps

I am developing a iphone application, and I want to know if I am allowed to share a map screenshot (photo) of a area that has my custom draings on it. I am using Apple Maps, and I want the user to be ...
0
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1answer
27 views

Drafting for unofficial startup ownership

I have an advisor in my startup that I would like to get 1% anti-diluted ownership. However, because the company hasn't yet been incorporated, I can't actually issue out any shares. However, to make ...
5
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1answer
887 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 ...
2
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1answer
361 views

Step child if I am no longer married to the child's parent. How can it be?

I'm reading instructions to U.S. Diversity Immigrant Visa Program (https://www.youtube.com/watch?v=tOQlh2d2EbQ&feature=youtu.be, http://travel.state.gov/content/dam/visas/Diversity-Visa/DV-...
2
votes
1answer
123 views

How does one ask the court to recuse an attorney due to a perceived conflict of interest?

Is there a legal principle or process that can be used to ask a court in the US - either at the time of filing or during a legal proceeding - to consider recusing an attorney from the opposing side ...
2
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1answer
111 views

Are perceived conflict of interests fairly subjective?

Are perceived conflict of interests fairly subjective? What can encourage an attorney to recuse themselves from a case or client while another might not? Is a court of law the final authority on what ...
4
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2answers
5k views

including vs. including but not limited to

I'm reading over a lease agreement and in one page a passage reads, "...including, but not limited to, [list]" while on a later page another passage reads, "...including [list]." Normally I would ...
1
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1answer
146 views

Is this a case of being able to ask for a writ of mandamus?

Is this a case of being able to ask for a writ of mandamus from district court? Person A has Neighbor B who owns several dogs that bark beyond the statutory limits in city code. Person A has filed ...
6
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1answer
223 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 ...
1
vote
1answer
64 views

Ownership percent change if co-founder gets funding from family [closed]

I recently had a business agreement with my co-founder to split our business 70-30. 70% for me and 30% for my co-founder. We filed the LLC and two days ago my co-founder called me and told me that his ...
3
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2answers
532 views

What exactly does it mean for a case to be dismissed?

A plantiff did not attend the hearing. Consequently the adjudicator dismissed his case. What does this mean? I roughly understand that it means the defendant is absolved of the charges and that the ...
11
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4answers
3k 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 http://youtube-mp3.org/, one ...
4
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1answer
206 views

What qualifies as “violent” and “assault”?

I was reading the following news: http://www.timesofmalta.com/articles/view/20150719/local/update-3-veteran-actor-john-suda-charged-with-violent-indecent-assault.577272 Essentially a person is being ...
2
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1answer
42 views

Legal term for negotiator

For some reason I've been looking for an official term for a person or company (agent?) acting on behalf of other organization (principal?). Example is company A wants to construct a factory in ...
13
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2answers
2k 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?
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—...
3
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1answer
167 views

Why 'Solicitor General', and not 'Barrister General'?

In countries with this dichotomy of the legal profession, mostly barristers argue in courts. In the UK, solicitors with Higher Rights of Audience can argue in lower courts. However, if Solicitors ...
10
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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 ...