Questions tagged [terminology]

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

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4
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1answer
52 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 at all ...
2
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2answers
70 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 ...
2
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1answer
56 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 ...
2
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0answers
65 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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0answers
42 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
48 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 ...
3
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2answers
159 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
32 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
182 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,...
2
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1answer
72 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 ...
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5answers
59 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
5k 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
46 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
86 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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0answers
24 views

Ultra vires and termination of a court's general equitable power to supervise an estate?

I've read the definition of the Latin phrase *ultra vires", it means "beyond the powers", per Wikipedia. I'd like to get clarification with an example. Let's say the following happened: A court ...
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1answer
179 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 ...
2
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1answer
74 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
239 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 ...
3
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1answer
168 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 ...
1
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1answer
172 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 ...
2
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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 ...
0
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1answer
61 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 ...
0
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1answer
48 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
45 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
56 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
93 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
118 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 ...
2
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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
99 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
37 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
77 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
314 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?
2
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1answer
106 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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1answer
53 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 ...
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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
407 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-...
3
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2answers
901 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
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1answer
35 views

Term for Criminal Investigation + Law

As I understand it, criminal investigation is an applied science that focuses on solving crimes. Once a suspect is identified, he or she may be prosecuted by a judge and jury under the law. So we're ...
0
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1answer
157 views

What is the term for the contentious/non-contentious property of a lawyer?

If I were to summarize a given lawyer based on their work, what would be the name of the property that describes whether their work is contentious or non-contentious? For example, if Susan works in ...
3
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1answer
141 views

What is it called when a practice has been made illegal but people continue to “honor” it anyway?

My question was inspired by this article about racially restrictive covenants. They have been illegal since 1968, and unenforceable since 1948. Yet people still try to "enforce" them, with some ...
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1answer
38 views

What happens if governing law clause specifies a state but not country?

A common clause is "this contract is made in accordance and to be construed by the laws of the state of California". What if something in the the contract applies to federal regulation and law but not ...
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1answer
142 views

What classes of positions does the term “Law enforcement officer” include?

The term "Law enforcement officer" (LEO) is often used to refer to police officers, which are often the first to come to mind when prompted for example of law enforcement. As I understand it this ...
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1answer
58 views

How is parental authority, as opposed to physical custody or visitation, enforced under the Hague Convention (28)?

Under the Hague Convention (28), can parents request assistance securing Rights of Custody under Article 21's provision for assistance securing Rights of Access? It seems "non-sequitor" that parents ...
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1answer
40 views

What does “carte” mean in this context?

Neither position carried the day. On the one hand, this Court rejected the view that the IDEA gives “courts carte various judgments indicate should be imposed.” Rowley, 458 U. S., at 190, n. 11. ...
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1answer
58 views

Can the judiciary “legalize” something?

The headline for an article in today's New York Times reads: "Court Ruling Could Make Taiwan First Place in Asia to Legalize Gay Marriage" My question is whether this can truly be considered "...
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8answers
5k views

Is there a common name for lawyers and judges?

Lawyers and Judges, for as different as their roles may be, still work in the same system, and share many skills, even if their jobs involve vary different application of said skills. Thus, I'm ...
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3answers
72 views

Terminology: mens rea analogy

Consider the relationship: mens rea:crime as is: ?????:a line of questioning In other words, is there a term that captures the intent \ mental state of a line of questioning?
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1answer
50 views

How is 'adverse possession' 'adverse'?

[ Source for English law : ] Adverse Possession means someone occupying land belonging to someone else, without permission. If someone does this continuously for a number of years (normally 10 or 12 ...
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2answers
734 views

What do we call the rules written in an Act, laws?

From CHAPTER III of Wildlife protection act,1972 (India) Prohibition of Hunting: No person shall hunt any wild animal specified in Schedule, I, II, III and IV except as provided under section ...