Questions tagged [terminology]

For questions about the origins and meaning of specific legal terms.

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4answers
76 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
29 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
57 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
88 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 ...
2
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1answer
53 views

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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4answers
8k views

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
75 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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2answers
54 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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1answer
25 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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4answers
115 views

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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3answers
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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
44 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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3answers
85 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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1answer
82 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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3answers
68 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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1answer
103 views

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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1answer
44 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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3answers
7k views

Pretending to be from the “Freedom to Breathe Agency”: impersonating an officer?

There's a woman going around claiming to be from the federal "Freedom to Breathe Agency", telling store workers that they can personally be sued for telling customers that they need to wear ...
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1answer
48 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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2answers
40 views

What is the meaning of “provided that” in the following context? It i the same as, or similar to "condition precedent?

In an earlier question, I asked about the "condition precedent" of an investor investing money in a company being the investor's being shown a demonstration of the company's new product to ...
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1answer
100 views

Terminology for a change in a state's status without a change in its constitution

This will be a terminology question, but first I have to explain some situations. In the U.S., each state has a written constitution that is higher than any act of the state legislature and is what ...
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2answers
2k views

What, if any, is the legal meaning of the term “benefit of the doubt?”

One instance that I am familiar with is "innocent unless proven guilty beyond a reasonable doubt." So if you think that someone is "probably" guilty, but have a "reasonable ...
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1answer
490 views

What does “severability” mean in the following context?

Parties A and B signed a contract governed by New York law. There were three "conditions precedent" for the contract to take place.None of these conditions precedent had been fulfilled on ...
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3answers
253 views

Use of the words “losses” and “damages” in an indemnity clause in a medical education course participation form

I'm a pharmaceutical translator, and I'm proofreading a Russian-to-English translation of a form to be signed by a participant of a medical education course. The text includes the following sentence: ...
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2answers
88 views

Have I to specify the sentence and paragraph when referring to the law?

Asking for Ukrainian Law system (if there is difference). For example, there is a law; in the law there are an article; in the article, there are few paragraphs, and I need to refer only to one of ...
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1answer
47 views

What is a “family group” as it pertains to quarantine orders?

New York currently has travel restrictions in place, which require individuals coming in from specific states to quarantine for 2 weeks. They use the definition of "quarantine" as defined by ...
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1answer
25 views

Meaning of “Compensation for Damage” in a clinical trial; vs. “Compensation of Injury”

I'm translating a document that is presented to clinical trial participants prior to their enrollment. One section is titled "Compensation for Injury": Compensation for Injury Will you ...
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3answers
324 views

What does “may” mean when used as a verb in a text of law in the US? Possibility or guarantee?

What does "may" mean when used as a verb in a text of law in the US? For example, if the law say "X may do Y", is it guaranteed that X can do Y, or does that mean that perhaps the ...
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0answers
42 views

Register a domain name of a modern generic term conflicting with a Pending Trademark

I'd like to register a domain name that is a modern abbreviation like LAN,WAN,WEB... My registrar told me that the Domain is a registered Trademark ! I managed to find the registration status and it'...
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2answers
37 views

What are “cooperation in perfecting rights” and are they enforcable?

Bellow is an example "Perfection Rights" provision from a employment contract. To me it seems to be saying 1) you agree to do paper work we may need you to do, even after you are no longer ...
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1answer
99 views

How to refer to Supreme Court cases by just one name

I'm writing a paper for my high school U.S. History class, and I want to refer to certain Supreme Court cases by just one name after my first naming of the case (for example, I want to refer to Rucho ...
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1answer
65 views

Is there a legal term for the following kind of “estoppel?”

There is the old tale of the miscreant who killed his parents, and threw himself at the mercy of the court because he was an orphan. "Relief" on the basis of his being an "orphan" was denied because ...
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1answer
137 views

What is a gratis basis?

From DistroKid's Lyric Agreement (emphasis mine): a. For good and valuable consideration (including any consideration set forth in the Distribution Agreement) you hereby grant to us, on a ...
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1answer
51 views

Does the surveying term “right-of-way line” refer to a single line, or to a strip or swath?

I'm taking a class in real property law. We have many exercises where we read a survey map and write a legal description in metes and bounds. Many of the maps use the "centerline" of a road but some ...
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1answer
35 views

What does “rule of construction” mean?

I was looking up a legal term, and found this sentence: An anti-lapse statute is a rule of construction in trusts and estates law. What does "rule of construction" mean (here, and in general)?
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0answers
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Term for reviewing a legal document describing procedures to see if they match those procedures implemented in a computer system?

I was just reviewing some legal documents which need updated to describe procedures implemented in a computer system to see if they match. Is there a legal term to describe this action?
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0answers
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Term for reading a legal document describing procedures and implementing those procedures in a computer system?

I was just reading some legal documents which described procedures which would be implemented in a computer system. Is there a legal term to describe this action?
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1answer
45 views

Is “prima facie case” only used in the context of criminal law?

Is "prima facie case" only used in the context of criminal law? Or can it be used in administrative and/or civil law?
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1answer
940 views

What does “object to the form” mean?

I've been reading the notes for a recent prolific court case, and in the records of what was said the phrase "Object to the form." comes up quite a lot. What does this phrase mean? (If it is ...
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3answers
115 views

What is my relationship with a service company contracted by my insurance company?

I am wondering about the legal terminologies that define a relationship that I have with a service company. Some maintenance work was needed for several appliances at my home, so I contacted my ...
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2answers
4k views

What is meant by “right, title and interest”?

In contracts what exactly is meant by the words (both collectively and individually) "right, title and interest"? Example from Docracy Assignor exclusively owns all right, title, and interest in ...
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0answers
92 views

What does μ mean in law?

Google Books shows just one other use of μing by the same author. Wikipedia evinces no use of μ in law or philosophy. But I read on Phi - Wikipedia that In philosophy, φ is often used as shorthand ...
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1answer
66 views

Suspicion of crime = theory or hypothesis?

Suppose a person is found dead, and it's investigated as a possible murder. How would such a case be characterized in criminal law - a murder hypothesis, murder theory, murder mystery? EDIT: As ...
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2answers
314 views

What is the legal term for coerced indecent acts (not including rape)?

Say that a person were coerced into performing indecent acts of a sexual nature, such as nudity, masturbation, oral sex, etc. If intercourse occurs, that would be classified as "rape". What would the ...
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1answer
52 views

Opposite Title of a case

All the cases have the plaintiff's name first and and defendent's name after it ( as in Mohiri Bibi v. Dharmodas Ghose). But there's a case wherein the defendant's name comes first ( in: Khwaja ...
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2answers
3k views

What is the opposite of the legal concept called ‘textualism’?

The concept of Textualism has as its main focus the precise letter of the law. What is the name of the opposite concept? An opposite concept would be where focus also is given to non-textual sources,...
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1answer
282 views

What is the difference between a private exhibition and public performance with regards to showing films?

Most films for home video in the US begin with an FBI warning that includes some variation of this message: Licensed only for non commercial private exhibition in homes. Any public performance other ...
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5answers
77 views

What is it called when a pre-defined penalty is specified in a contract?

In contract law, what is a pre-defined penalty for non-performance called? For example, if the contract says something like: "so-and-so will do xyz by May 5, 2021, and if so-and-so should fail to do ...
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4answers
6k views

Equivalent of “illegal” for violating civil law

If "illegal" is typically used for criminal law, what adjective or adjectives are generally used for breaking civil law?