Questions tagged [legal-concepts]

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

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89 questions
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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. Imagine I ask a lawyer this question: I'm in a bar.…
Tim Davis
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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 highest priority legal source (e.g. constitutions)…
user49663
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1 answer

Explain the concept of "filing a claim on behalf of the government"

An article on Wall Street Journal stated that for false patent marking and whistle-blower laws: ...Anyone can file a claim on behalf of the government, and plaintiffs must split any fine award evenly with it... How does "filing a claim on behalf…
Pacerier
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How to reconcile opposing legal answers?

A fraud in the terms of use has two opposing answers: one said it was a fraud, while some said it was not. How do I reconcile those answers?
gudako
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Are US laws descriptive, or prescriptive?

Is there some overarching philosophy to the motivation of US laws, especially recent ones? To what extent do laws describe customs already established in society, and to what extent are they implemented to change some behavior of society? What are…
Superbest
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What does it mean that something is enforceable?

What does it mean that a contract (or a sentence) is enforceable? Does it always mean that force can be used to fulfil such contract? Does it always mean that failing to fulfil such contract would result in a jail sentence for whomever has failed to…
lfba
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Is my understanding of the purpose of a License correct?

A license, as it applies to a professional license, drivers license, marriage license, software license is similar to the concept of a certificate, in that the purpose of such a thing is to have a great value placed on a legal concept by the…
leeand00
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Is there a legal difference between using pharmageddon or the implied meaning of the word pharmageddon?

In one documentary's trailer, one doctor says, "Let's be honest, a number of medical schools are run by pharmageddon." Pharmageddon doesn't literally mean anything, but it implies something. Is there any legal difference between a person using…
pizi
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