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Legal Definitions

The legal process uses highly specialized language and terms. Ask about their definitions in this category.

1,424 Questions

What are the rules of interpretation?

== == They are rules used by the courts to interpret the meaning of an Act.They are necessary because the meanings of an Act can be unclear, and these "rules" are used to make a judge's task of reaching a clear understanding of an Act, much easier.

There are four rules: # The literal rule # The Golden rule # The Mischief rule # The Purposive approach

What is the difference between a formally defined crime and a materially defined crime?

Formally defined crimes:

Definitional elements proscribe a certain type of conduct irrespective of the result, i.e. rape, perjury, possession of drugs, driving negligently

Materially defined crimes: (result crimes/consequence crimes)

Definitional elements do not proscribe a specific conduct, but any conduct which causes a specific condition, i.e. murder, arson, culpable homicide. The act results in a certain condition, such as death of a person. Thus X's act causes the condition of Y, being death etc…

What is intentional tort?

Tort law allows an individual who has been hurt in some way by someone else's negligence, carelessness, or malice. Intentional torts apply to the malice part of that equation. While most tort cases involve negligent act that result in injury, for intentional torts, the punishment can be more severe and you must prove-in addition to the four main elements of tort law-that the defendant caused the injury or financial harm on purpose.

How is obligation extinguished?

Obligation is extinguished by fulfilling the obligation as promised or as required.

What does notarized mean?

A common law notary public is a public officer appointed by law to serve the public by taking acknowledgments of the signers of such legal documents as deeds, mortgages, agreements and Wills. If a document has been notarized that means it carries the acknowledgment of a notary public at the end of the document. Generally, the notary confirms the identity of the signer, witnesses the signing of the document, confirms the signer is acting of their own free will and dates the acknowledgment.

What legal definition was provided by the court case Plessy v Ferguson?

The decision in Plessy v. Ferguson, (1896) affirmed the "separate but equal" doctrine.

What is a amended judgment means?

This is when a court amends (or makes clearer by some change in wording) a judgment when the original judgment has ambiguities or other confusing wording that may cause the actual intent of the judgment to be seen in a different way. It is basically to clear up any confusion or make clear the intent of the original judgment.

What is a crime against the state?

It is generally used to describe a serious offense (e.g.: such as treason) committed against a national government.

However in its 'looser' meaning it can be used to describe ANY offense against the statutes, or any law, passed by a state legislature or the national government.

When you commit a serious offense against an individual - although they are the "victim," "complainant," or "complaining witness" - you have actually committed a crime against the laws of the state and it is "the state" (in the person of the prosecutor) who will prosecute the charge against you.

What is the definition of a corporate sector organization?

The corporate sector organization is a place where the people have to meet the corporate delegates for their business purpose.

What does it mean when a sentence probation is revoked?

The judge reviews the probationer's supervison history and violations and determines if the offender's probation should be revoked or modified. Revoked usually means a period of incarceration.

What is the difference between false oath and perjury?

Under common law a false oath is willfully giving a sworn statement without a sincere belief that it is truthful. For example: giving false statements on an application for marriage license. The laws vary in different jurisdictions. In some jurisdictions it would constitute a common law misdemeanor.

Generally, a false statement would constitute perjury if committed in a judicial proceeding.

The two were generally separate offenses but some jurisdictions have combined them as different degrees of the same offense which is categorized loosely as perjury.

An order that shows that a person is in jail for a good reason?

It's called 'a writ of Habeas corpus.' You can ask a judge for one. He issues it, you take it to the jailer, and the jailer (or district attorney or police representative) appears in the judge's court and justifies the detention of the person in jail. If they can't justify detention to the judge's satisfaction (and the satisfaction of the law), and if there are no other pending charges, the judge may order the detainee to be set free.

Added: The above MAY be the answer that was being sought.

HOWEVER - another order that shows that person is in jail for a good reason, would be the commitment, or sentencing order AFTER they were found guilty and adjudicated by the court.

Does a person have to answer his or her door when a police officer knocks?

No, they may not forcibly enter your home without a warrant.

Let's say your music is too loud and they come over and knock at your door, you do not have to answer the door. It might be a good idea to turn down your music as to quicken their leave, but you are not required to answer regardless.

What does the legal term a reasonable person mean?

Reasonable means that it is Ok but not to good. it is sort of a maybe. 'A reasonable' is a different MATTER. it can work in a sentence like, "the man's penis was a reasonable item to have intercourse with'.

What is the Legal definition of grant leave?

Leave usually refers to a break from work. An employer would grant leave to an employee for holidays or a day off. It is particularly associated with the armed forces

What are the divorce property laws in South Carolina?

Marital property in a South Carolina divorce is divided in an equitable manner. Normally that ends up being a fifty fifty split but in some cases it can be as much as 60 to one and 40 to the other. Click on the link below for a full discussion on the division of marital property in South Carolina.

What does being disbarred mean to a lawyer?

The "bar" is the association of lawyers; to be "dis-barred" is to be thrown out of the group, and no longer allowed to practice law. This penalty is seldom used, and is only applied to lawyers who commit especially serious offenses against the rules of being a lawyer, which is a pretty low threshold.

For example, President Bill Clinton was disbarred not for his affair with Monica Lewinsky, but for lying about it to a grand jury.

What does the word heir mean?

According to Black's Law Dictionary an heir is a person who is entitled to inherit under the laws of intestacy. However, heir is also generally used to describe any person who inherits either by will or intestate succession.

What term describes charges made for the recording registering and transfer of documents such as mortgages and deeds?

Those fees are called Documentary Recordation Fees or simply 'recording fees'. Such fees are used by the land records offices to cover all the associated costs in maintaining the public records. Recording fees are charged for each instrument and tax stamps are required when property is transferred by deed in most jurisdictions. The fees collected for the tax stamps are usually turned over to the state.

The complaining party in a court case is the?

In a civil case they would be the plaintiff.

In a criminal case they would be the prosecution (the Crown).

In an appeal they would be the appellate.

What does continuity of possession mean?

Is the identification and continued safe possession of physical evidence from the moment it has been found to when it is accepted as evidence in court.

What is a sexoffender?

Answer

A Sex Offender is any person of any age, sex, religion, or political party that for any reason has been convicted of any sex related crime; felony or a misdemeanor. These crimes do include rape they also include the following depending on where one lives; urinating in public; streaking; prostitution; oral sex; sex outside marriage; sex between consenting teenage; homosexual acts; anal sex; bestiality (even not involving animals); indecent exposure; self posting ones picture on the internet if one is seventeen years of age; etcetera.

Answer

Webster's New World Law Dictionary offers a simpler definition:

"A person convicted of a sexual offense, such as rape, sexual assault, or lewdness. Some states require sexual offenders to be registered for life. Sexual activity between consenting adults of the same sex is an offense in certain states."

What is emotional turmoil?

emotional turmoil means emotional disturbance.. a sort of imbalance due to any situation.