Questions tagged [terminology]

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

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53 views

Meaning of “Strike from the Record” in legal code? Is there *any* memory/record once “stricken”?

"Strike the record" ("strike from the record", "strike that from the record") is a frequently spoken phrase in legal docudramas. Are there violent connotations to the ...
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1answer
23 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
310 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
35 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
32 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
58 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
44 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
40 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
44 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
33 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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20 views

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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17 views

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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44 views

What does “dormant” mean in the Dormant Commerce Clause?

I think I understand the clause itself, but I'd like to develop some intuitive understanding of why Marshall used the word "dormant." I read the quotes of his decisions where he introduced the word, ...
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1answer
41 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
146 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
112 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
2k 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
73 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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45 views

The use of “free” vs “at no additional cost”

Twitch's page on using Twitch Prime Subscriptions describes how to use your Twitch Prime membership to subscribe to a streamer for free. Step 2 states the following in reference to the text on the ...
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1answer
58 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
214 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
46 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
830 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
135 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
72 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?
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1answer
50 views

Is there a term denoting definitions that are contrary to a term's plain meaning?

Legislation sometimes defines a term so that it is contradictory to its plain meaning, or contradictory to the term's meaning in another context. For example, 52 USC 30121 defines "foreign national" ...
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2answers
117 views

Are there any legal terms to use for charging the client for downtime hours at reduced full-time rate?

Normally, when working as a contractor, the bench time — when the client fails to provide you with the work to do, and no explicit work hours were assigned, either — is not compensated. This could be ...
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1answer
243 views

The “compact” in “Agreement or Compact” (U.S. Constitution): legal terminology

The word compact is used in the "Compact clause" of the Constitution of the United States: "No State shall, without the Consent of Congress [...] enter into any Agreement or Compact with another State ...
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1answer
201 views

What exactly does it mean when someone “represents” you?

What exactly does it mean for a lawyer to represent someone? I thought it means assigning someone to argue for you and they would reply to all messages concerning the case. As mentioned in my ...
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2answers
609 views

What exactly does “without prejudice” mean and how does it work?

According to businessdictionary.com without prejudice means Law phrase: Without abandonment of a claim, privilege, or right, and without implying an admission of liability. This sounds pretty ...
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1answer
177 views

How did 'consideration' semantically shift to mean 'something given in payment'?

What semantic notion connects the bolded meaning beneath with all the others that aren't related to recompense? To me, nouns like remittance or solatium (if we prefer an uncommon term) fit the bolded ...
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1answer
173 views

What is the name of the transverse white line that separates different time-limited parking zones?

I parked on a street that has 2 parking zones: all-day (with bi-weekly street sweeping) and two-hour. Painted on the street is a single six-inch-wide six-foot-long transverse white line that, I ...
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0answers
31 views

Need help on Jargon Terms of Life Insurance Products

I am studying some documents on life insurance product, but I kept bumping into the jargon terms like "amount exposed", "policies exposed", "expected death QX7580E by amount", "expected death ...
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1answer
62 views

Plaintiff / Defendant terminology in demand letter

As I understand the terms are used to described opposing parties in court. When referring to opposing parties in a demand letter, they are not in court (yet) so I am not sure that this pair is the ...
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1answer
49 views

Character, Record and Associations = Evidence?

As I understand it, the prosecution must establish a motive, means and opportunity before a person can be convicted of a crime. However, none of these are considered evidence. To put it another way, ...
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1answer
48 views

What is it called when a petitioner in a civil case asks for ruling on a point of law?

In civil court cases, the main focus of the plaintiff is usually some specific remedy like receiving money from the defendant, or the receipt of a court order. However, the plaintiff may also want the ...
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2answers
61 views

Word for legal counsel/representative

I'm representing my wife in a minor legal case (I'm more comfortable with the formal aspects than she is), but I'd rather avoid describing myself as the husband of the accused. Is there a more formal ...
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0answers
149 views

What does the phrase “…is well founded in fact and in law” mean?

I have a basic question that stems purely from curiosity. It might be important to mention that I am not a lawyer nor a student of law. I have read multiple pleadings in which some of them end with a ...
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1answer
130 views

Why 'negotiable', and not 'negotiated', instrument?

From: Small Claims Court: Procedure and Practice (4th edn., 2017), p. 48. A negotiable instrument is an unconditional order or promise to pay an amount of money, which can be transferred—for ...
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1answer
38 views

What semantic notions underlie 'articles' with legal apprenticeship?

Source: A Brief Introduction to Law in Canada (Mar. 2017). p. 265 Middle. Historically, in Canada, there was debate over rival methods for teaching law. Some members of the legal community ...
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2answers
110 views

Why was the adjective “special” embraced for “special damages”?

Source: A Brief Introduction to Law in Canada (Mar. 2017). p. 173 Middle. As in tort law, the most important remedy in contract law is damages. Contract damages classified differently, though. ...
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1answer
61 views

Why is the name of the case also called 'style of cause'?

The "style of cause” is the name of the case. The names of the parties in a lawsuit. Am I correct that 'cause' refers to cause of action? But 'style' and its earlier meanings appear unfit?
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1answer
85 views

What semantic notions underlie '(equitable) tolling' and the lay meanings of 'toll'?

I quoted this lawyer as seeing use of 'toll' as a noun and verb, educates more than seeing its use as a noun. What connects the lay meanings of 'toll' to the legal definition? What explains this ...
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2answers
422 views

What does it mean for an appeal to be “contested”?

Does the terminology "contested" when applied to a case under appeal, mean simply that the defendant is appealing the the appeal, or does it mean something different?
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1answer
116 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 ...
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56 views

What is 'Cross' about Cross-Examination? Why was it chosen?

Source: Ontario Small Claims Court - A Practical Guide (2011), p. 12. (ii) Cross-examination of the Plaintiff §1.32 Following the direct examination of the plaintiff, the defendant or his ...
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1answer
83 views

What is 'Direct' about Direct Examination? Why was it chosen?

Source: Ontario Small Claims Court - A Practical Guide (2011), p. 12. (i) Direct Examination of the Plaintiff §1.31 Following the opening statements, the parties will then embark on the evidential ...
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6answers
7k views

What does it mean to “pirate” a game, app, or other digital resource?

I've heard the term "pirate" many times before, but I have never really understood it. How do people do it and why?
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2answers
661 views

What is a difference between Pro Se and Pro Per?

What is a difference between Pro Se and Pro Per, in the United States legal system? From my understanding, both terms mean a party representing themselves. I read on https://www.avvo.com/legal-...