51
votes
Accepted
Is it a real legal principle that any ambiguity in a contract is interpreted to the benefit of the side that did not write the contract?
Contra proferentem
However, it's a principle that is rarely applied in practice since it's at the end of a long line of judicial reasoning that gets applied first.
Ambiguity in contract provisions are ...
- 197k
46
votes
Accepted
ASKED: Why do many "No Trespassing" signs say "POSTED"?
"Posted" is a Term of Art
"Posted" is a term of art in trespass law, specifically meaning that signs forbidding entry have been placed at the borders of a parcel. The page "...
- 113k
45
votes
How to prove I live in a specific address?
Mail from financial institutions; including checking, savings, credit card statements or investment account statements
Pay a bank or credit card company $2 or some other nominal fee to have them send ...
- 2,424
43
votes
In a state with the common law definition of theft, can you force a store to take cash by "pretending" to steal?
This is a good example of the life of the law being experience and not reason.
While there is a logical argument that this isn't theft, in reality, this conduct would universally be considered an open ...
- 194k
36
votes
Accepted
Can I trick an innocent third party into doing something that would be illegal if the third party had mens rea without either of us being guilty?
It depends on the jurisdiction, but generally speaking, this will not permit you to evade criminal responsibility.
In Ohio, for instance, the complicity statute treats the conduct you're describing as ...
- 57.1k
33
votes
Accepted
Do various common law sovereign citizen movement theories have any kernels of basis in fact?
Does this theory have any basis in current or historical fact?
Not really.
The sovereign citizen movement uses legal terms, but not correctly, and often confounded with Biblical doctrine, and hones ...
- 194k
33
votes
How to "withdraw consent" without implying consent was ever given?
You could say something like "I do not consent to [XYZ], and I revoke any consent I may have given in the past." That makes it clear that you intend to revoke consent, without acknowledging ...
- 396
31
votes
When does silence imply consent?
Silence itself does not generally imply consent, but in the context of a history of transacting, silence in the face of continued actions by the other side can indicate consent. Here's a fun little ...
- 42.9k
29
votes
How to prove I live in a specific address?
Request a Social Security statement. Get a library card. Write a letter to your senator or representative or a local government office that requires a response. Order something online. Register to ...
- 35.1k
29
votes
Accepted
How is anti discrimination legislation reconciled with freedom of contract?
Freedom of contract has always been subject to current law. A contract to hire a hitman has never been legal. Neither was a contract to invade one of the royal monopolies that the English kings used ...
- 113k
26
votes
ASKED: Why do many "No Trespassing" signs say "POSTED"?
The Vermont Fish and Wildlife Department has a web page about this. If you read the current law you will see the exact wording of the signs is not specified. But in the past, the exact wording of the ...
- 4,237
24
votes
Is natural law a type of common law?
No, Natural law is not a type or subset of Common Law
Natural Law is derived from what some person thinks is a logical and obvious rule, or what some person thinks is God's Law. There are many ...
- 113k
24
votes
What is the origin and basis of stare decisis?
I assume you are asking about horizontal stare decisis: a court following its own previous holdings or those of courts of coordinate jurisdiction (e.g. courts at the same "level" in the ...
- 42.9k
23
votes
How to prove I live in a specific address?
Personal mail that does not list the recipient as “occupant”. Example: Magazines, journals, etc.
Get some friends to write to you.
- 197k
21
votes
How willing is the US Supreme Court to declare itself wrong?
As for SCOTUS being willing to overrule itself, here is a table of such cases, starting with Hudson v. Guestier 10 U.S. (6 Cr.) 281 (1810) which overturned Rose v. Himely,
8 U.S. (4 Cr.) 241 (1808) up ...
- 210k
21
votes
Law about adult video websites retaining actors' PII
united-states
Are there laws in the United States which obligate adult video
websites to retain personal information (such as first and second
names) of the actors/actresses in the videos uploaded on ...
- 194k
20
votes
Can a previously binding precedent be overturned based on its rationale being outdated?
An "outdated rationale" is one factor to be considered when overruling precedent.
Yes. Precedent relies on respect for the principle of stare decisis, the idea that courts should stand by ...
- 57.1k
18
votes
How to "withdraw consent" without implying consent was ever given?
If you have previously given consent, the most honest and correct response is “I withdraw consent.”
If you state “I have not given consent” that could be proven false, and undermine your credibility.
...
- 3,591
18
votes
What is the origin and basis of stare decisis?
The underlying idea has been implicit in law for over a millenium in England. The term dates back at least to Sir Matthew Hale who cites his doctrine of stare decisis in Hanslap v. Cater (1673). ...
- 210k
17
votes
Accepted
What is a contract and what is required for them to be valid?
The following answer is based on general common law jurisdictions; many jurisdictions have statutes that will change some of these. In particular, consumer contracts, real estate contracts and ...
17
votes
Accepted
Notice of uncontroverted facts in criminal trials
This is known as Judicial notice and is used in many jurisdictions. It is normally supposed to be used only for facts about which there could be no possible controversy. The Wikipedia article linked ...
- 113k
17
votes
Accepted
Why are jurors still asked to apply the law if their primary role is to find facts?
Sometimes, juries are asked to make pure findings of fact. These are called special verdicts, and they used to be more common, especially when juries decided civil cases.
For example, Trustees of ...
- 8,607
15
votes
Minimum penalty for extradition makes no sense?
You might be misreading the extradition criterion
The UK–USA extradition treaty has an example of the clause you're asking about:
An offense shall be an extraditable offense if the conduct on which ...
- 42.9k
13
votes
How willing is the US Supreme Court to declare itself wrong?
Less than 1% of the time
From this article:
In my forthcoming book, “Constitutional Precedent in Supreme Court Reasoning,” I point out that from 1789 to 2020 there were 25,544 Supreme Court opinions ...
- 197k
13
votes
Accepted
Is there ever any consultation between judiciary and legislative draftspeople?
For the same reason you can’t ask the parties to a contract what they meant
Legislation, once enacted, stands on its own independent of the people who drafted it, introduced it to Parliament and voted ...
- 197k
13
votes
Accepted
How was the court in Abingdon RDC v O'Gorman (1968 EWCA Civ) aware of Thornton v Cruther & ors (1769)?
The Law Reports at Abingdon Rural District Council v. O'Gorman [1968] 2 QB 811, 820 read as follows:
[T]he judges held that in order to "impound or otherwise secure" the distress on the ...
- 8,607
13
votes
Why are jurors still asked to apply the law if their primary role is to find facts?
It's impossible to fully separate deciding the law from deciding the fact.
Without deciding what the law is, it is impossible to say what question of fact is relevant. No one can decide all possible ...
- 852
12
votes
Can I trick an innocent third party into doing something that would be illegal if the third party had mens rea without either of us being guilty?
canada
General intent is usually enough
I believe you are largely conflating motive and intent (see generally R. v. Hibbert, [1995] 2 S.C.R. 973, para. 24; The Queen v. George, [1960] S.C.R. 871, p. ...
- 42.9k
Only top scored, non community-wiki answers of a minimum length are eligible