For questions that seek to clarify the meaning of a term
Questions tagged [definition]
162 questions
27
votes
2 answers
How far can the meanings of commonly used words be redefined by a legislature?
Most people understand "operating a motor vehicle" as driving, until they are arrested for DUI while sleeping off in their turned off car.
Most people understand "loaded weapon" as a gun with bullets in it, until they are charged in NYC with…
Michael
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24
votes
5 answers
What does "Have you been drinking?" really mean?
If a police officer asks a driver "Have you been drinking?", then the driver should either plead the fifth (and not answer the question), or answer the question truthfully. Let's assume the driver only answers yes or no for the moment, without…
FlanMan
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15
votes
5 answers
What does it mean to "hold and enjoy" an office?
US Constitution, Article 1, Section 3, Clause 7:
Judgment in Cases of impeachment shall not extend further than to
removal from Office, and disqualification to hold and enjoy any
Office of honor, Trust or Profit under the United States: but…
MCLooyverse
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14
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1 answer
What does a default judgement mean in the Alex Jones case
NPR ran a story about the judgment against Alex Jones by parents of Sandy Hook victims.
Below is an excerpt (emphasis mine)
Judge Maya Guerra Gamble in Austin, home of Infowars, entered default judgments against Jones, Infowars and other defendants…
sevensevens
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13
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5 answers
Is "legalese" necessary?
I've noticed large corporations use language in their legal documents that sounds very different than how a normal person would speak. Is there a point to using legalese or is old fashioned plain English sufficient? For example "Thou shall not kill"…
AlexP
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12
votes
2 answers
Where does outer space legally start?
Recently the Billionaire Space Race culminated with both Jeff Bezos and Richard Branson, doing what I can tell without any dispute, "going up" and "coming down". The claim that either of them actually reached space however is hotly debated, with…
Adil Mohammed
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11
votes
2 answers
What is the nature and purpose of the UK highway code?
What type of instrument is a "code"? There seems to be an underlying statute, the Road Traffic Act, that it implements but what is the purpose of having a separate code?
JosephCorrectEnglishPronouns
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10
votes
4 answers
How does Australia split its legal profession?
I just got an interesting edit suggestion to my recent question by someone who just registered (perhaps for the purpose of this edit suggestion).
It proposes that "lawyer" is replaced with "junior barrister" because:
australia splits its legal…
Greendrake
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10
votes
1 answer
How is the theft of stolen property handled legally?
Many definitions of "theft" include specific text regarding "the rightful owner" or a variant necessitating that the victim of theft owned the property. (emphasis mine)
For example, The Free Dictionary defines theft as:
A criminal act in which…
March Ho
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9
votes
3 answers
Legal definition of a "criminal record"
This news article starts with:
One in three Americans have a criminal record, according to the Bureau
of Justice Statistics. Simply being arrested, even without a
conviction, can lead to lifelong struggles...
which implies that being arrested, but…
Roger
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9
votes
3 answers
Are laws written logically and rigorously?
Are laws written logically and rigorously in law books? For example, do texts of laws specifically use "if and only if" instead of the more frequently used but less logically correct "if"? I am just giving a specific example, but there could be…
user107952
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8
votes
3 answers
Is there a definition/test for "lack of merit" (legal arguments)?
Say in Bob v Rob there is a legal argument about how the law applies to a certain factual situation.
Bob interprets/applies the applicable law one way. Rob — a different way. Both sound reasonably serious and well-thought, not frivolous. Both…
Greendrake
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8
votes
2 answers
What was the significance of the word "ordinary" in "lords of appeal in ordinary"?
The law lords of the House of Lords were formally known as the lords of appeal "in ordinary". Most of that phrase other than the final bit is self explanatory but the use of the word "ordinary" just seems quite odd. What is its intended meaning?
John Jacob Jingle
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8
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How is an animal defined as in rule 286 of the UK highway code?
This came up in the comments thread of this question so it was suggested to ask it.
Is a fly an animal? Perhaps it must be one that is kept and thus keepable as chattel?
JosephCorrectEnglishPronouns
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8
votes
3 answers
Is there a term for using law as the basis of morality?
Legal moralism is when a society creates laws based on the prevailing morality of that society. Stuff like "we think green houses are immoral, so we made a law to ban green houses".
Is there a term for the opposite influence? As in "if Y is legal, I…
Nzall
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