Skip to main content
54 votes
Accepted

Does a politician’s promise to "overthrow" the current system and replace it with a “Socialist World” rise to treason?

TL; DNR: No. Charging the Councilwoman under §2383 for making a speech would violate the First Amendment, and "levying war" in the §2381 means actually fighting, not conspiring to fight. 18 ...
Just a guy's user avatar
  • 8,418
48 votes

Is "legalese" a thing in languages other than English?

Germany definitely has a legal jargon that is sufficiently distinct from standard German that a foreigner with decent skill in standard German will have trouble understanding what a legal text ...
quarague's user avatar
  • 3,485
45 votes

What happens if a law contains an error of fact?

Nix v. Hedden, 149 U.S. 304 (1893) is a famous "error of fact" case in the US. The situation was that there was an import tariff imposed on "vegetables in their natural state" ...
user6726's user avatar
  • 215k
43 votes

Does a politician’s promise to "overthrow" the current system and replace it with a “Socialist World” rise to treason?

No. Setting aside hyperbole, it is perfectly legal to "overthrow" the US government (and arguably even the Constitution), provided it is done in a legal manner. Overthrowing the government ...
sharur's user avatar
  • 8,801
43 votes
Accepted

Is the typo in the 25th amendment significant?

Prologue, a magazine published by the National Archives, had an article about the missing S back in 2012. In short, the problem was due to a scrivener's error. Congress recognized the error at roughly ...
bdb484's user avatar
  • 60.3k
32 votes

Is "legalese" a thing in languages other than English?

In france, legal texts are written in "everyday" French, although the legal vocabulary may not be known to non-specialists. However, for some reason (tradition, I guess), court judgements ...
breversa's user avatar
  • 445
25 votes
Accepted

How to interpret or parse this confusing 'NOT' and 'AND' legal clause

It says They shall not confer the right [[to attend any meeting of members] and [to exercise one vote for every share held]]. The elements joined by a conjunction such as "and" should be ...
phoog's user avatar
  • 37.5k
24 votes

Is "legalese" a thing in languages other than English?

The Islamic legal system, Shari`ah, is similar to common law in having special legal terms. For instance, a legal duty may be farīḍah, mustaḥabb, mubāḥ, makrūh or ḥarām. Legal authorities ...
user6726's user avatar
  • 215k
23 votes

Will courts interpret words to mean the opposite of what they actually mean if that is clearly the author's intent?

canada Will courts interpret words to mean the opposite of what they actually mean if that is clearly the author's intent? A lot of work is being done by the word "actually" in your ...
Jen's user avatar
  • 57.3k
22 votes

What happens if a law contains an error of fact?

When a statute presents a general category and says that category "includes" some specific examples, those specific examples are deemed to belong to that category for the purpose of the ...
Jen's user avatar
  • 57.3k
17 votes

What happens if a law contains an error of fact?

Does that make the capybara legally a "fish" for the purpose of that particular law? Yes. How would that affect courts trying to make determinations about what other things not ...
ohwilleke's user avatar
  • 218k
17 votes

Is "legalese" a thing in languages other than English?

A single data point, Bulgarian: Like in English, but more diverse. In addition to the normal Bulgarian lexical content and grammar, legal text also contain: Archaic Bulgarian words in places where a ...
fraxinus's user avatar
  • 1,299
16 votes

Is "legalese" a thing in languages other than English?

Sweden has its own version of it, called myndighetssvenska (approx. "authority Swedish"), but in recent years, the government has been actively encouraging more ordinary Swedish in ...
Tengil's user avatar
  • 161
14 votes

Is "legalese" a thing in languages other than English?

Speaking for all countries/languages: yes. What you call "legalese" is just the - as professionals in Computer Science would call it - domain-specific language of law professionals. Many, ...
AnoE's user avatar
  • 666
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 ...
Dale M's user avatar
  • 211k
13 votes
Accepted

Is there a definition/test for "lack of merit" (legal arguments)?

In england-and-wales, an illuminating judgement of the Court of Appeal explores the relationship between such terms as "bound to fail", "not arguable", "no rational basis"...
alexg's user avatar
  • 6,745
12 votes

Is "legalese" a thing in languages other than English?

In Italy, the concept is described by an Italian word with the exact same spelling: https://www.treccani.it/enciclopedia/tag/legalese/ The word is pronounced according italian orthographic rule, and ...
pinpon's user avatar
  • 221
11 votes
Accepted

"the necessity therefore"

This might be better on English.SE since it is really just about the meaning of English words, and there are several related questions on that site. I think therefore is a spelling error and they ...
Nate Eldredge's user avatar
9 votes

Is there ever any consultation between judiciary and legislative draftspeople?

A judge could not ask a legislator to get a clearer idea of the legislative because the latter is the product of a majority consensus among the former. A single legislator can speak for their own ...
Michael's user avatar
  • 2,170
9 votes
Accepted

Do not pass or assist another vehicle to pass you by using this lane

Yes, that's exactly what it means. Using it to pass means passing on the right at high speed in a narrow lane full of debris, which is crazy. But they're also saying don't use any arbitrary point on ...
Harper - Reinstate Monica's user avatar
9 votes

Is "legalese" a thing in languages other than English?

As a student in China, I once read one of China's law codes in the original Chinese. I wouldn't call the language used in that document "legalese"; it was standard, modern Mandarin, but ...
Alex D's user avatar
  • 191
8 votes
Accepted

Meaning of the new German energy saving ordinance

Employers – whether public or private – have a duty of care. They must provide a safe working environment that does not endanger the health of employees, which includes appropriate heating/cooling. ...
amon's user avatar
  • 24k
8 votes

Is "legalese" a thing in languages other than English?

In denmark we have the term "kancellisprog" which means something like Verbose language with long sentences and intricate sentence structure known especially from legal and administrative ...
JoSSte's user avatar
  • 271
8 votes

Is "legalese" a thing in languages other than English?

In brazil we have juridiquês, marked by the usage of excessive legal jargon, Latin, older words that nobody uses in everyday conversation and long sentences. But it's pretty much a thing for older ...
Renan's user avatar
  • 201
7 votes

Contradictory laws and bench nullification?

None of the above! What you describe almost never happens. That's not because statutes never contradict each other. Statutes contradict (or appear to contradict) each other all the time – lawyers take ...
Just a guy's user avatar
  • 8,418
7 votes

Is there a definition/test for "lack of merit" (legal arguments)?

canada Saying that a case had a "lack of merit" does not have an unambiguously clear meaning. It can be used in different contexts with different meanings: Colloquially, it could just mean ...
Jen's user avatar
  • 57.3k
7 votes

Does the legal definition of prostitution exclude gifts as a type of “fee”?

Does the legal definition of prostitution exclude gifts as a type of “fee”? No. The term "fee" is defined at Texas Penal Code § 43.01 which states: (1-b) “Fee” means the payment or offer ...
ohwilleke's user avatar
  • 218k
6 votes
Accepted

Official dictionary of the U.S. judiciary system?

I don't believe there is a single "standard" dictionary that judges use. Presumably any well regarded and common one will do as long as it can be cited. You can see from Justice Alito's opinion in ...
pboss3010's user avatar
  • 820

Only top scored, non community-wiki answers of a minimum length are eligible