13
votes
Is privilege often misused to mean confidential?
The terms confidential and privileged are not interchangeable, but they have closely related meanings that pertain to secrets. Both terms are, indeed, often misused when the other term would be the ...
- 195k
13
votes
Accepted
Difference between "dismissed with prejudice" vs. "res judicata"?
Res judicata (also called "claim preclusion") prevents relitigation of a dispute that was previously litigated or could have been been litigated in a case that was actually filed that was ...
- 195k
6
votes
What's it called when a law is created that just confirms a lesser known law that already exists?
There's errors on so many levels - let's try to clear some up!
The 28 Day Shuffle - What is the law? An exercise in legal research!
Consider this scenario. In California hotel tenants are arguing ...
- 33.8k
5
votes
Is drunk driving a malum prohibitum or malum in se?
Drunk driving considered malum prohibitum. The place that the line is drawn for the offense is arbitrary and it doesn't inherently harm another person.
In contrast, the closely related driving offense ...
- 195k
4
votes
Accepted
What is the term for the idea that a law should never "cover all the possibilities" for being guilty?
canada
There is nothing contradictory or improper per se in the legislature enacting a set of criminal prohibitions that together would criminalize a large swath of conduct. Some laws do just that ...
- 44k
4
votes
Accepted
Where does the idiomatic term “caution+3” come from?
See https://www.hja.net/expert-comments/blog/general-crime/what-to-do-if-contacted-by-the-police-for-an-interview-under-caution/
The reason it is called a caution plus 3 interview is because at the ...
- 44k
3
votes
Accepted
What is it called when a public body that does not primarily exist to prosecute crimes brings a prosecution?
I would say that these are public prosecutions.
There are not that many differences in principle between public and private prosecutions. Among those differences are that there are some variations in ...
- 4,881
2
votes
Is privilege often misused to mean confidential?
Confidentiality is one part of the privilege. Other parts include that the law practitioner must act in your best interest and that there should be no conflict of interest and that your lawayer must ...
- 4,757
2
votes
What's it called when a law is created that just confirms a lesser known law that already exists?
codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming a legal code
https://en.m.wikipedia.org/wiki/Codification_(law)
- 4,467
1
vote
Accepted
What's it called when a law is created that just confirms a lesser known law that already exists?
In germany, law enforcement works under the Legalitätsprinzip and the Opportunitätsprinzip.
The Legalitätsprinzip (principle of legal force) requires the police to enforce all laws on the book. They ...
- 14.5k
Only top scored, non community-wiki answers of a minimum length are eligible