7

None The contractual chain is you <-> warranty company <-> (potentially others you don’t know about) <-> service provider. Should something go wrong, you would sue your warranty company who might (it is up to them) then sue the service provider. Notwithstanding, it’s likely the service company owes you a duty of care and would be directly liable ...


6

In a deposition, attorneys are supposed to keep their objections short and refrain from making an objection that indicates to the witness how he should answer. A question might be objectionable because it lacks foundation, because it is compound, because it calls for speculation, etc. Example 2, for instance, could be said to assume that Ms. Redacted was ...


5

Everything In the sense that it means every single legal claim that a person could or might have over or in the thing. Specifically, ”right” means a legal right that can arise in all sorts of ways, ”title” means legal ownership and ”interest” means both of the above plus anything else that may be related to the thing no matter how remote or esoteric.


4

The concept of prima facie is common also in civil proceedings (and, impliedly, administrative ones). See the results from this query, most of which are civil cases. For instance, this memorandum opinion begins by acknowledging that the plaintiff-appellees "have met their burden of establishing a prima facie case for defamation". In theory, the purpose of ...


4

There is no definition, and no legal basis for assuming a particular interpretation. Therefore, the term has its "ordinary meaning". A family group is what an ordinary reasonable person would consider to be a family group. The governor could publish an order defining "family group" for the purpose of this order. Otherwise, the judge or ...


3

Suppose a person is found dead, and it's investigated as a possible murder. How would such a case be characterized in criminal law[?] In legal terms, a "case" only exists when an action is brought by someone. In the case of a murder investigation, the legal case exists once the moment the prosecutor files their statement of case with the court and ...


3

One widely-used book on the topic is Brown's Boundary Control and Legal Principles. I have the 4th edition published in 1995, and the relevant chapter is 8, "Locating Easements and Reversions". The law varies from state to state. In New England, it is likely for interstate, US, and state highways, the state will own the roadbed in fee. Smaller roads are ...


3

"May" means "is possible" and not "is necessary". The specific law does not say anything about a person doing A, B or C and it does not say that if you do one of A, B or C then something mandatorily follows. It asserts that certain types of documentation "can" be used as evidence supporting the proposition that the ...


3

How to refer to Supreme Court cases by just one name In general, subsequent references to a decision can be the first name in the caption of that case. As an example, you will notice that in the decision Rucho v. Common Cause, 139 S.Ct. 2484 (2019) the court makes an initial reference to Gill v. Whitford (at 2492), and thereafter most of the references to ...


3

Is there a legal term for this type of situation, and if so, what is it? Unclean hands.


3

My understanding is that "the record" only refers to the official record of the proceeding, e.g. the transcripts that would be kept on file and used as the basis for formal decisions. Such records are usually prepared after the fact by a court reporter based on their shorthand notes or audio recordings, so this indicates that the reporter should ...


3

This is mostly a matter of English. The word injury, in this context, normally refers to injuries to one's body. The word damage can be a more general word referring to damage to health or property, but, in this context and most others, it means damage to property only, so not to a living body. In general, if your body is hurt, you will say "I'm injured&...


2

The use of “may” versus “shall” or “will” indicates that it is NOT mandated to happen. “Shall” and “will” when found in law, is a command that must happen, while “may” may or may not happen. The use of “may” indicates that discretion to act is being granted rather than a command to act. Let’s look at the example above. Section 8 Code of Federal Rules (C.F.R....


2

In this case, "may" indicates possibility. The point of this list is illustrative. Using may clarifies that presenting these documents (and others like them) will not guarantee the success of the application. The reason for the hedging, in this case, is to underscore that the determination in question cannot be made mechanistically based on any ...


2

(This post is only to provide a general definition of the word. I am not telling you how to interpret the contract; you should consult a lawyer for that.) "Gratis" means, as in the link you posted, "without reward or consideration". It's basically a synonym for "free of charge". "On a gratis basis" is just a longer way of saying the same thing. The ...


1

Is either 1) or 2) enforcable? Issue 1) is enforceable. Hence the importance of striking the term "and after [employment]" before signing the contract. There is no reason why a person should agree to continue benefiting (or cooperating with) the employer upon termination of employment, but your (or employee's) acceptance of the clause would certainly make ...


1

A rule of construction is a methodology or procedure for resolving ambiguities in a contract or statute.


1

I wrote this answer before the OP added the U.S. tag. Thus this answer doesn't apply any more. I'll dilate on Dale M's comment that's alluding to the Contracts (Rights of Third Parties) Act 1999. I'll quote England textbooks that present it better than I can. Richard and Damian Taylor. Contract Law Directions (2019 7 ed). p 82. Poole, Shaw-Mellors. ...


1

"Title" means ownership. But ownership can be "encumbered," for example, by a tenant with a lease, which is an "interest," something which is less than full ownership but which is legally enforceable and usually recorded if it has to do with real estate. "Interests" include those established in probated wills and in trusts, those established in mortgages ...


1

The drafters of the Constitution and Bill of Rights did seem to wield commas like blunt instruments to smash into sentences (see the 2nd Amendment). The intention is clear if the comma after 'United States' is taken out: "No person except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be ...


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