Questions tagged [terminology]

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

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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
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 ...
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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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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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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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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
73 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
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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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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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2k 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 ...
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1answer
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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1answer
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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 ...
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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 ...
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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 ...
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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?
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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 ...
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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 ...

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