45

The clause you highlighted has an "or" in front of it: "..., or in such pretended character...". It's only one alternative. Demanding or obtaining money, etc, is sufficient to violate the statute but not necessary. Looking at the previous clause, it is still a violation if the pretender merely "acts as such", which I suppose ...


16

Normally, the term "benefit of the doubt", if it was used, would mean that ambiguities should be resolved in favor of the person entitled to it. This could be applied to contract interpretation or to statutory interpretation. Here is an example: When dealing with restrictions on campaign spending and speech, a court's construction must “give the ...


10

A severability clause means that any clause in the contract which is itself illegal, or which would make the contract illegal, or otherwise cannot be enforced according to the relevant law, is instead excluded from the contract as if it didn't exist. This is an extremely common clause, especially where the contract is used in the same form across multiple ...


8

From the initial version of the post: Would tricking an employee into thinking that they can be personally sued for asking a customer to wear a mask be a "thing of value" such that the law could be applied? Regardless of actionability under the statute you point out, there are other penal statutes --be it from state or federal law-- which do not ...


6

I love Wikipedia to bits, but it's sometimes worth reading the "talk" pages as well as the article, and trying a few other sources. I think this one comes closer : Damages attempt to measure in financial terms the extent of harm a plaintiff has suffered because of a defendant's actions. In the paragraph you're translating, "damages" is ...


6

"The benefit of the doubt" describes who gets the benefit in the case where there is doubt. It does not describe in any way what qualifies as "doubt". In some cases, a preponderance of evidence is all that's needed for there to be "no" doubt, while in others, it requires a conclusion to be reached "beyond a reasonable doubt&...


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 ...


6

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 ...


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 ...


4

The Different Senses Of The Word "Record" As Used In Court Cases The "record" in the sense used in the phrase "strike from the record" is the sum total of testimony, exhibits and court documents that are properly considered in support of legal arguments on the merits by an appellate court. The actual record on appeal consists of ...


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 ...


3

In most countries, there is a standard format for citations. The guiding principle behind these is to make it easy to verify the law says what you claim it says. So you only need to give information needed to find the law you are citing. Usually, citations go the opposite of your example -- they start with the most general reference, and get more specific. ...


3

"Damages" seems like an apt translation. This is what an English language clause of the same type would usually say. The virtue of "damages" is that the meaning is broad, and it seems that this is the intent of the clause. For example, "damages" could include compensation for the destruction of physical property that might not ...


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

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&...


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

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.


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 ...


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 ...


1

There isn't a legal term The legally recognised doctrine of respondeat superior simply requires that an agent is acting within the scope of their obligations to their principal. If they are then the principal is liable for their actions. In a criminal rather than a legal sense, the relevant crime is conspiricy - where two or more people plan a joint criminal ...


1

I think you would be better off looking up some indemnity clauses written in English originally and using language from those rather than attempting a translation of the Russian text into English. For example, here is a bunch of clauses you could use as reference. Your original Russian text does communicate the signer's liability to the companies for both (...


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

"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 ...


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