Questions tagged [terminology]

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

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16
votes
6answers
6k 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
824 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
643 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 ...
10
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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?
6
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1answer
219 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
438 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 ...
4
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1answer
2k 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
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2answers
148 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
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3answers
615 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
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 ...
3
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1answer
140 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
870 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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1answer
31 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
votes
1answer
63 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
61 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
235 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
67 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
votes
1answer
339 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
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 ...
2
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0answers
61 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
30 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
92 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
385 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
201 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
57 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
76 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?
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3answers
93 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
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 ...
1
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1answer
30 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
43 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
303 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
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. ...
1
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1answer
48 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 ...
1
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2answers
676 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 ...
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2answers
89 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
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 ...
1
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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 ...
1
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1answer
69 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
vote
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 ...
1
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1answer
34 views

How to construe terms of a license agreement?

I read a license agreement and it seems the following part is vague: Without prejudice to any statutory rights so to do, you must not reproduce or alter any of the software or any associated ...
1
vote
1answer
171 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 ...
0
votes
2answers
1k views

Irreconcilable differences between attorney and client?

What type of irreconcilable differences might exist between an attorney and client to cause the attorney to withdraw from a divorce case? Is this code language for not paying attorney fees or is it ...
0
votes
1answer
796 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 ...
0
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5answers
58 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 ...
0
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2answers
97 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. ...
0
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2answers
34 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 ...
0
votes
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 ...
0
votes
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 ...