Questions tagged [legal-concepts]
For questions where you are comparing two related legal concepts. Consider using a more specific tag, or [definition].
94 questions
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What is an aggravating factor and why is kinship considered one?
I am reading the Wikipedia article on the Guardia Urbana crime, where the following is mentioned:
Although the crime was the same for both, Peral received five additional years due to the aggravating ...
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Compliance for the use of my Software [closed]
I have a software as a product/service. In order to use that software licenses must be bought.
I need to regulate the usage to serious companies in some kind of Compliance.
The regulations are:
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What's the difference between a law being unconstitutionally vague and unconstitutionally overbroad?
I'm a 1L at Northwestern, and in my Criminal Law class we were recently discussing the legality doctrine. In the course of this discussion, another student asked roughly the following question ...
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Is hate crime an ascertainable crime? [duplicate]
According to the OSCE's HATE CRIME LAWS: A PRACTICAL GUIDE:
In line with Ministerial Council Decision No. 9/09,12 hate crimes are
criminal acts committed with a bias motive. It is the motive that
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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. ...
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Is it legal to profit from explaining a book's content?
I was wondering if explaining a book's contents on a potentially monetized Youtube channel is similar to simply being a tutor or teacher if the book is freely available online via "pressbooks&...
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What are some exceptions to the principle of "lex specialis" that aren't "lex superior" and "lex posterior"?
The legal principle of lex specialis is that the special law derogates the general law in case of inconsistency. The primary alternatives to it are:
Lex superior - the effect originating from the ...
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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 ...
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Why are religious figures given the status of "legal person" in India?
In India, religious figures have been given the status of legal person, and from the case law, I've read there doesn't seem to be a clear rationale for this. Corporations and organizations are also ...
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Is it illegal to threaten to present criminal charges in a civil lawsuit?
New Jersey Rule of Professional Conduct 3.4(g) provides that an attorney “shall not … present, participate in presenting, or threaten to present criminal charges to obtain an improper advantage in a ...
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What is the "fringe on the flag" argument?
Another answer on this question refers to the "fringe on the flag" category of arguments. What is the "fringe on the flag" argument?
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Can academic writings be a source of unwritten law?
This might be a weird question but can academic writings be a source of unwritten law like customary law ? And do things like customary law and something like this require a judiciary to interpret or ...
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Does the ADA require society to refer individuals suffering from addiction to mental healthcare?
I had a question cross my mind, and I asked Google to help me out. "Hey Google, is addiction legally a disability?"
The answer met my ears in seconds: "Addiction is generally considered ...
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If I dispute a debt, and the creditor agrees to waive it, do I implicitly acknowledge the debt by accepting the waiver?
A debt collection agency engaged a law firm to send me a letter of demand. The debt is 5 years old and I am not aware of it until I received the demand letter. From my perspective, I don't owe the ...
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How to address a Conclusory Statement
I understand that a conclusory statement consists of, or relates to, a conclusion or assertion for which no supporting evidence is offered.
UPDATE: Assume that Bob worked in the US in 2021 and had a ...