Questions tagged [terminology]

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

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16
votes
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?
15
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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 ...
13
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5answers
959 views

Is “legalese” necessary?

I've noticed large corporations use language in their legal documents that sounds very different than how a normal person would speak. Is there a point to using legalese or is old fashioned plain ...
12
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2answers
791 views

What is it called when a country's laws apply to its citizens outside the country?

Suppose that a European country X (e.g. Germany) has a law against adults sleeping with people under the age of 16. Such a law, in this instance, would apply to anyone in German territory. But ...
11
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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?
6
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1answer
238 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 ...
5
votes
2answers
514 views

Counterfeit vs. pirated goods

What is the difference if any between pirated, contraband and counterfeit goods? "Smugglers usually smuggle contraband into and out of a country for commercial gain" a shipping line can as well be ...
5
votes
1answer
57 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 ...
4
votes
1answer
100 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 ...
4
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1answer
3k views

What is the origin and history of the term “grand theft auto”?

This comes from an English Language Lerner's Stack Exchange question, the current answers to which are lacking in historical/legal analysis of the term. What is the origin of the legal phrase "grand ...
3
votes
2answers
210 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 ...
3
votes
3answers
645 views

What does the term “Probable cause” mean?

I know what probable cause is and how it is used in law/law enforcement. But what does the actual term "probable cause" mean? In a sentence where it is used like "The drug dog's alert gave me ...
3
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1answer
176 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 ...
3
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1answer
148 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 ...
3
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2answers
1k 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 ...
2
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2answers
1k views

Are only citizens “at the time of the adoption of this Constitution” eligible to be President?

While reading this answer, I noticed some odd wording in Article II, Section 1 of the Constitution (emphasis mine): No person except a natural born citizen, or a citizen of the United States, at ...
2
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3answers
111 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
votes
2answers
1k 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
votes
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 ...
2
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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?
2
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1answer
128 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 ...
2
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1answer
63 views

Terminology for contracts in multiple Languages

My company is having contracts drafted in both English and Japanese and we want to have the English version take priority over the Japanese. Is there a specific legal term for this structure?
2
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1answer
289 views

What is a Kangaroo Court? [closed]

What is a Kangaroo Court? A kangaroo court is a judicial tribunal or assembly that blatantly disregards recognized standards of law or justice, and often carries little or no official standing ...
2
votes
1answer
188 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 ...
2
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1answer
358 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 ...
2
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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 ...
2
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0answers
72 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 ...
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 ...
2
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0answers
140 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 ...
1
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2answers
593 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-...
1
vote
2answers
582 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 ...
1
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1answer
71 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 "...
1
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1answer
82 views

What does Mgst mean?

I am reading about special education law. In this article, I see phrases like this: Court adopted Mgst recommendation and ruled that ... What does "Mgst" mean?
1
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3answers
101 views

Equivalent of the Austrian “bedingt” and “unbedingt” in English law

What is the correct English legal translation of the words unbedingt and bedingt when referring to a court sentence? E.g.: Jemand wurde zu vier Monaten bedingt verurteilt. (Roughly: Sombeody was ...
1
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1answer
42 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 ...
1
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1answer
34 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 ...
1
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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 ...
1
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1answer
45 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 ...
1
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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" ...
1
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2answers
411 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?
1
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1answer
42 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. ...
1
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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
1k 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 ...
1
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2answers
110 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 ...
1
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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 ...
1
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1answer
84 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 ...
1
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1answer
146 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 ...
1
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1answer
73 views

Is everything in a contract really a term or warranty?

In another question it was claimed that everything in a contract is a term or warranty. It has got to be more complicated than that. For example is the title of the contract a term? Is the execution ...
1
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1answer
31 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)?
1
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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 ...