34

This is called solicitation. A person is guilty of solicitation to commit a crime if with the purpose of promoting or facilitating its commission he commands, encourages or requests another person to engage in specific conduct which would constitute such crime. Model Penal Code § 5.02.


11

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 meant to write therefor. Therefor means "for that", just as thereof means "of that". If so, then sentence could be rephrased: If the Grantor ...


11

While less specific than the term mentioned by @DavidSiegel (i.e. an "Antinomy"), "impossibility", "impossibility of performance", and "impracticability" are more frequently used. If the obligation is imposed by contract rather than by a statute or regulation, the term "frustration of purpose" is also ...


10

Issue in this sense means a person's children or other lineal descendants such as grandchildren and great-grandchildren. It does not mean all heirs, but only the direct bloodline.


10

In england-and-wales the offence is encouraging an offence contrary to s.44 of the Serious Crime Act 2007. Here, we make no distinction between the level or type of offence being encouraged. Previously, the offence was inciting the commission of another offence contrary to Common Law which was abolished by s.59 of the 2007 Act.


9

That's probably not a violation of that rule...but that's not your biggest problem. The most reasonable interpretation of that line in the terms is that you can't use a bot or do anything that looks kind of like using a bot. So if you and all your friends used a script to enter your picks for you, that wouldn't be allowed. Manually entering picks based on ...


9

It first depends on what state you are dealing with. This expression shows up in standard forms in Georgia, where it is not defined. You can read the associated statutes (Georgia Code, Title 53) especially the definitions, and it won't tell you. The probate court rules also don't tell you. So in Georgia, it would be "what a reasonable person would ...


8

(US) "I know is it illegal for authorities to question a suspect when their lawyer isn’t present" This is not really true, at least in the US. The suspect must explicitly ask for a lawyer. Even saying "Maybe I should talk to a lawyer" (ie Davis v. U.S. (512 U.S. 453 (1994)) isn't enough, they have to say "I want a lawyer". ...


8

This is not legal advice, It is not even primarily a legal opinion. It is a legal position. The lawyer, acting on behalf of the agency from which you requested information, is giving the reasons why that agency is declining your request. The lawyer is presumably either an employee of the agency, or has the agency as a client. In any case, this is notice of ...


7

A subpoena is a kind of court order. Specifically it is an order to a particular person to appear and testify at a particular time and place. In many but not all cases, the order also requires that person to bring specified records or documents along. That is known as a subpoena duces tecum. In some cases this is used to, order the production of documents ...


7

Such a situation is known as an "Antinomy". That is, "a real or apparent mutual incompatibility of two laws". The Free Dictionary says this means: An expression in law and logic to indicate that two authorities, laws, or propositions are inconsistent with each other.


6

It means that the scholar (presumably you) and the guarantor/surety should each write their initials in that space, i.e. the first letters of their first and last names. John Smith would write "JS". This is a common way of acknowledging that you have read and understood the text on the page.


6

It’s what a reasonable person in the position of the parties would consider “significant” The reasonable person test is well established in common law and under it, an item will be of significant value if a reasonable person would consider it to be such. This would include considerations of its value: in absolute terms relative to the size of the estate ...


5

You are absolutely allowed to discuss or describe or criticizes software (or books or other copyrighted or trademarked things) without any permission from the copyright holder or trademark holder. This includes teaching people how to use those things. You may not, however, copy protected software without permission. For example you could not include a CD ...


5

Black's Law Dictionary (5th edition 1979) states that "Liquidated" means Ascertained; determined; fixed; settled; made clear or manifest. This is the sense of the term in which damages are "liquidated" by a liquidated damages term in a contract or statute. The damages are settled by a contractual determine rather than being "...


5

"Acceptee" Is Often Ambiguous The Offeror and Offeree construction, like Lessor and Lessee, always comes in a pair. An act and a response to the act. But, following that logic, the "Acceptor" should be the person who accepts an offer to enter into a contract, and an acceptee should be the person who made the offer, since they receive the ...


5

You didn't tag your question with some country. So here is my answer for germany: In Germany, §26 StGB states: Anstiftung Als Anstifter wird gleich einem Täter bestraft, wer vorsätzlich einen anderen zu dessen vorsätzlich begangener rechtswidriger Tat bestimmt hat. The word "Anstiftung" translates to "incitement" or "instigation&...


5

You’ve presented a number of different scenarios, without a lot of specifics, so I’ll start from the top, and from a US perspective. A very generic term that would come up in this situation is material misstatement. one might say that an account or line item is overstated or understated, or a misstatement could arise from the omission of a necessary note, ...


5

This doesn't seem to be a standard phrase; all relevant Google hits lead back to Breyer's quote. So we just have to infer the meaning from the definitions of the words and the context. You might be confused by the use of "merit" since it is often used to refer to the good qualities of someone or something. But more generally it can refer to ...


4

Note that this depends on the jurisdiction. In england-and-wales, it is not illegal to give legal advice other than in specific cases. Reserved and non-reserved legal activities Section 14(1) of the Legal Services Act 2007 provides that you need to be entitled to carry out "reserved legal activities". Entitled here means that are either authorised ...


4

A subpoena is a kind of court order, specifically one requiring the recipient to provide information to the court. A subpoena can be an appropriate order for a company to provide information to the court about one of its users. For example, Watchtower Bible and Tract Society filed a subpoena to compel Reddit to turn over information related to one of its ...


4

Generally an affirmative defense raises some ground other than an element of the offense or civil claim, such as justification (e.g. self-defense), privilege (I'm a soldier acting under lawful orders so I'm immune from liability), the invalidity of a law, statute of limitations, insanity, a pardon, bankruptcy, a settlement agreement, or payment of the amount ...


4

I've seen prohibito used in a few places, but never by any source that I'd use as a model for my writing. As I understand it, the Latin names for the other writs were adopted in medieval times, when Latin was much more heavily used in the English courts, while the writ of prohibition developed centuries later. In that case, I think it would have been natural ...


3

In this context, the meaning of "the necessity therefore" and "the necessity thereof" would be identical. Both constructions are less than ideal forms of legal drafting and a bit archaic.


3

The primary legal division is that you can lawfully talk about intellectual property (such talking becomes your intellectual property), and you can only redistribute intellectual property with the permission of the owner. (A contractual non-disclosure agreement is irrelevant, because you aren't an Apple employee obligae=ted to not talk about the new system ...


3

This is just saying that if they can’t host your event then the only remedy you get is your money back that your paid them (your deposit, advance payments, and of course your don’t owe final payments). It is there to make it clear that they are not responsible of any other money. What else might the client want them to refund? Other lost expenses. Non ...


3

I believe that you will find something similar to this idea in the philosophy of John Locke. Locke was an early advocate of the governmental separation of powers, and his political works significantly influenced several of the framers of the US Constitution. (See Gary Willis, Explaining America for more on this.) There was also a maxim, several times quoted ...


3

In the UK this is just called "an appeal for the suspect to come forward." The UK police are not allowed to lie or mislead as suggested in the OP, and any reduction in punishment is in the hands of the courts when passing sentence (unlike some other jurisdictions, I believe).


3

Damages are an award to one party when a (legally recognized and approved) loss or detriment is caused by the action or inactions of another party, by requiring some further action by the second party to compensate the first party. Liquidation and related words refer to the process of turning assets (usually property of some kind) into their equivalent value ...


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