Law Stack Exchange
Law Stack Exchange

Questions tagged [legal-concepts]

For questions where you are comparing two related legal concepts. Consider using a more specific tag, or [definition].

For questions where you are comparing two related legal concepts. Consider using a more specific tag, or .

91 questions
128
votes
5 answers

Who is supposed to teach the law to the citizens?

As I understand, in general, not knowing the law does not excuse violating it. That should apply to most if not all jurisdictions in most cases with very few exceptions. From personal experience, never in my life has school, family or anyone ever…
user7393973
  • 973
  • 2
  • 7
  • 9
40
votes
12 answers

Why are there no laws rewarding people

It might sound like a stupid question, but I am not a legal expert. The positive laws prohibit certain acts and punish those who perform the acts. However, do the laws always prohibit and punish? And why there are no laws about rewarding people who…
user30303
  • 507
  • 1
  • 4
  • 5
38
votes
3 answers

Is it a real legal principle that any ambiguity in a contract is interpreted to the benefit of the side that did not write the contract?

I have heard that there is a legal principle where any ambiguity in the contract is interpreted to the benefit of the side that did not draw up or suggest the contract text. This was presented to me somewhat anecdotally, but sounded reasonable - so…
i_prob_should_know_this
  • 557
  • 4
  • 5
30
votes
4 answers

When is ignorance a legal defense?

In the United States, under what circumstances is ignorance of a law or legal principle a defense against legal action?
Kevin Li
  • 2,320
  • 19
  • 34
24
votes
2 answers

Self incrimination during medical examination

If, during a medical examination, an alleged accused says anything that might incriminate himself, it should be neither recorded nor reported.[emphasis mine] source: Synopsis of forensic medicine and Toxicology by K.S. Narayan Reddy Country:…
JM97
  • 351
  • 2
  • 6
18
votes
3 answers

Everything which is not forbidden is allowed

I've read that "Everything which is not forbidden is allowed." I don't know if this is strictly true in the USA. I also saw in another question that the following Colorado law exists for tampering with evidence. A person commits tampering with…
James
  • 275
  • 3
  • 13
17
votes
3 answers

Is there any merit in continuing to fight a trial despite an overwhelming chance of losing and there being no plea deal?

For example, if the evidence is overwhelmingly against them and the defendant knows they are guilty and there is no chance for a lesser sentence or a plea deal (happens in certain jurisdictions), is there still any merit to continuing with a trial?
user49663
17
votes
11 answers

Why can't the current legal system handle liability for harm caused by artificial intelligence?

I'm confused about why people claim that current legal system cannot handle any wrongdoings of algorithms that involve artificial intelligence. The claim is that it is impossible to find who is liable for the wrongdoing. This claim seems strange:…
Qwerty
  • 195
  • 1
  • 3
12
votes
12 answers

Neither guilty or not guilty

This is an entirely theoretical question, but I am not sure how it is explained. Consider someone committed a crime, but due to lack of evidence the charges are dropped. A lot of people would say they are innocent, but that is not the case as they…
Craig
  • 229
  • 2
  • 4
12
votes
2 answers

What are the differences between "Malum In Se" and "Malum Prohibitum" Laws

"Malum In Se" and "Malum Prohibitum" are Latin phrases, but beyond their translations what differences do they carry with them in describing laws? Malum In Se meaning "That which is wrong in itself" Malum Prohibitum meaning "That which is wrong…
Jason Aller
  • 1,648
  • 3
  • 21
  • 34
10
votes
4 answers

Are there any legal systems where "guilty until proven innocent" is actually a thing?

Related: What different legal-systems are there? The idea of "innocent until proven guilty" is sometimes thrown around as an example of American exceptionalism, but it turns out that this is in fact the standard used in most of the world. There seem…
Robert Columbia
  • 3,899
  • 4
  • 24
  • 48
9
votes
3 answers

Faulty legal advice

Perhaps because I usually don't consult lawyers, I don't have a sense about how they provide legal information. I have this imaginary scenario in my mind. Here is one of many possible examples. Imagine I ask a lawyer this question: I'm in a bar.…
Tim Davis
  • 101
  • 1
  • 4
9
votes
1 answer

How can Not Guilty by Reason of Insanity and Guilty but Mentally Ill exist in the same legal system?

I was reading about the two types on insanity pleas, known as 'NGRI' (Not Guilty by Reason of Insanity) and 'GBMI' (Guilty But Mentally Ill). For example, a good excerpt is here on Google Books. However, something very obvious is bothering me: How…
CodyBugstein
  • 508
  • 2
  • 13
8
votes
2 answers

Is natural law a type of common law?

Is natural law a type of common law?
Geremia
  • 1,015
  • 7
  • 21
8
votes
1 answer

Is there "evidence-based" practice in law?

"Evidence-based practice" (sometimes colloquially called "what works") is a buzzword floating around many professions nowadays, especially medicine and education. The idea is to use scientific research to inform and continuously improve day-to-day…
Robert Columbia
  • 3,899
  • 4
  • 24
  • 48
1
2 3 4 5 6 7