36
votes
Accepted
How far can the meanings of commonly used words be redefined by a legislature?
As much as they like
Most pieces of legislation have a “dictionary” detailing, for the purposes of that legislation (or generally) what specific words and phrases mean. This can broaden (or narrow) ...
- 147k
31
votes
Accepted
What does a default judgement mean in the Alex Jones case
A default judgment is a judgment in favor of a party when the opposing party has failed to do something that is required, such as appear before the court. In this instance, defendant's failure was to ...
- 157k
31
votes
What does it mean to "hold and enjoy" an office?
The Constitution was written hundreds of years ago. At the time, "enjoy" more widely had the meaning "To have the use or benefit of, have for one's lot (something which affords pleasure,...
- 157k
29
votes
What does it mean to "hold and enjoy" an office?
The Sixth Amendment begins:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, ...
It does not mean that being tried for crime is fun, it means that ...
- 89.2k
28
votes
How does Australia split its legal profession?
In many Common Law nations, the distinction between solicitor and barrister is that the solicitors traditionally have direct access to clients and do much of the paperwork and discuss the planning ...
- 16.3k
26
votes
Where does outer space legally start?
Where does outer space legally start?
International law does not define the edge of space, or the limit of national airspace according to footnotes 2 and 3 of the Kármán line's Wikipedia entry.
...
- 20.5k
19
votes
Accepted
What is the nature and purpose of the UK highway code?
The Highway Code is a Ministerial Direction that brings together in one place for easy reference legislational requirements (by the the use of "must" and "must not") and general ...
- 20.5k
16
votes
Is there an authoritative definition of what a terrorist is?
There is a definition
Or rather, there are as many definitions as there are jurisdictions who have passed laws about them.
In australia, a terrorist is a person who commits a terrorist act.
A ...
- 147k
16
votes
Accepted
How does Australia split its legal profession?
According to this Australian source the terms have the same meaning as every other jurisdiction I am familiar with:
Barristers are lawyers, but not all lawyers are barristers.
- 20.5k
14
votes
Is there a term for using law as the basis of morality?
You're thinking of legalism. It can have different meanings -- especially in Chinese legal/philosophical history -- but is the best match to the concept you're describing.
- 43.3k
14
votes
Where does outer space legally start?
100km
According to the Fédération Aéronautique Internationale who are generally considered the record-keeping body on such matters, the Kármán line is where space begins and is rounded off to 100km ...
- 147k
14
votes
Accepted
What does it mean to "hold and enjoy" an office?
It is simply redundant for all practical purposes. There may have been a shade of meaning to it back in the 18th century (along the lines of "hold or perform" in contemporary English). But ...
- 129k
13
votes
How does Australia split its legal profession?
Lawyer is perfectly fine
Lawyer is a catch-all term for both barristers and solicitors.
- 147k
12
votes
How far can the meanings of commonly used words be redefined by a legislature?
The effective limit is whatever the courts will put up with. Legislatures can pass laws that will be overturned by the courts, so the real question is whether a redefinition will be upheld by the ...
- 157k
12
votes
How is an animal defined as in rule 286 of the UK highway code?
Is a fly an animal?
Not in the context of the Highway Code Rule 286, as the underlying legislation at section 170 of the Road Traffic Act 1988 states:
(8) In this section “animal” means horse, cattle,...
- 20.5k
10
votes
What is the nature and purpose of the UK highway code?
To add to Rick's great answer:
"what is the purpose of having a separate code?"
There are two main reasons. The first is similar to the reason that we have secondary legislation: it enables ...
- 4,301
8
votes
What's the limitation of sexual consideration?
It depends on the jurisdiction and particular facts. The long history of not counting marriage as prostitution under law because of its social and religious legitimacy makes the transaction-related ...
- 2,334
7
votes
Accepted
Is "legalese" necessary?
Legalese
The purpose of a legal document is to set out the rights and responsibilities so that:
they can understand them,
a third party (e.g. a judge) can rule on them in the event of a dispute.
...
- 147k
7
votes
Is Double Indemnity conduct which can be considered both civil and criminal?
I've never heard the phrase used this way, and it wouldn't make any sense, anyway; "indemnity" is security against a consequence, so the existence of civil and criminal consequences would be ...
- 43.3k
6
votes
Accepted
Are there any restrictions on "Open Access" material?
Is an article licensed under an Open Access license equivalent to a public domain work? No.
Intellectual property practitioners and professors often describe copyright as "a bundle of sticks." This ...
- 5,537
6
votes
Is it really an abduction if the protest or resistance ends before the "victim" is "released"?
Yes.
This is clearly kidnapping. It is probably not a terribly aggravated sub-type of kidnapping, but it is kidnapping nonetheless. It is probably a felony.
The fact that the victim does not press ...
- 129k
6
votes
Accepted
What does "Prima facie case is not to be confused with prima facie title" mean?
Here is the full sentence:
"Prima facie case is not to be confused with prima facie title which has to be established, on evidence at the trial."
As you probably know, prima facie means &...
- 7,967
6
votes
Accepted
Am I person under New Zealand law?
You will note that the quoted definition says that
person includes a corporation sole, a body corporate, and an unincorporated body
What it doesn't say, but almost certainty intends, is that "...
- 89.2k
6
votes
Accepted
Is Double Indemnity conduct which can be considered both civil and criminal?
Apparently in the law of the Philippines the term "Double Indemnity" is used for provisions that impose on an employer who fails to pay the required minimum wage, an obligation to pay to the ...
- 89.2k
6
votes
What does it mean to "hold and enjoy" an office?
A good source for 18th-century definitions is an 18th-century dictionary, the standard one being that of Samuel Johnson. The second definition of Enjoy:
to obtain possession or fruition of
(The ...
- 24.6k
6
votes
What is the difference in England between regulations and an Act?
An Act is what's called Primary Legislation, where as Regulations are Secondary Legislation.
An Act of Parliament is a law that both Houses of Parliament have agreed to and which has received Royal ...
- 20.5k
5
votes
Is "legalese" necessary?
Legalese is unnecessary. My first mortgage was from a bank that prided itself on not using it - the closing documents were about twenty pages, and the seller's attorney was amazed at how plainly ...
- 51
5
votes
Accepted
How is the theft of stolen property handled legally?
In England and Wales, theft is defined by s1 Theft Act 1968:
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the ...
- 2,934
5
votes
Is asking a banker the pros and cons of linking my SSN to my bank account considered requesting legal advice in California?
Financial institutions in the US are subject to regulations that restrict what sorts of things non-licensed employees can talk about with clients and advice they can give about structuring accounts ...
- 271
5
votes
If your friend takes you against your will is it still Kidnapping
First degree kidnapping is abducting with various exploitative intents such as ransom, using as human shield, or messing with government function. Second degree kidnapping is any abduction, with an ...
- 157k
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