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Questions tagged [interpretation]

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6 votes
2 answers
459 views

How widely is "where failure could result in death, injury, or damage" interpreted?

Crowdstrike, whose Falcon Platform is responsible for significant disruption, has in their Terms and conditions: The offerings and CrowdStrike tools are not fault-tolerant and are not designed or ...
User65535's user avatar
  • 7,700
1 vote
1 answer
60 views

How are federal regulations interpreted by agencies and courts?

I see lots of published literature on statutory interpretation but very little to no material on interpreting federal regulations. How do agencies, courts, lawyers interpret the regulations in the ...
physio's user avatar
  • 59
2 votes
1 answer
139 views

What happens when a ballot measure is incorrectly drafted, but passes anyway?

Many jurisdictions allow for legislation by referendum, where laws can be created or amended by public vote. In such cases, the text of the proposed legislation is usually printed on the ballot, so ...
Nate Eldredge's user avatar
-1 votes
1 answer
111 views

Fischer v. United States defense arguments based on literal reading of "Obstructing an official proceeding" vs "What they actually meant was..."?

Oral arguments for Fischer v. United States (Docket No. 23-5572) were recently heard at the US Supreme court, and there have been written filings as well. Wikipedia's Obstructing an official ...
uhoh's user avatar
  • 834
2 votes
2 answers
303 views

Does the legal definition of prostitution exclude gifts as a type of “fee”?

This is a really interesting and great question: Hypothetically walking the line between pornography and prostitution I wanted to add one question to the general one of where the conceptual “boundary” ...
Julius Hamilton's user avatar
11 votes
1 answer
5k views

Will courts interpret words to mean the opposite of what they actually mean if that is clearly the author's intent?

Suppose that a law uses a somewhat uncommon word in an incorrect way, and it is clear from the context that the author's intended meaning is the opposite of what the word actually means. In this ...
Someone's user avatar
  • 17.1k
1 vote
2 answers
125 views

Is a party to a contract who writes it using an LLM considered the author?

Bob is selling a vehicle to Alice. He asks ChatGPT to write a contract, and it does, for some reason, write it. (It has filters in place to prevent users from writing legal documents, but these ...
Someone's user avatar
  • 17.1k
2 votes
1 answer
73 views

What is the difference between “by” and “under” an act?

E.g. s149(1)(a), Equality Act 2010 says: A public authority must, in the exercise of its functions, have due regard to the need to— (a)eliminate discrimination, harassment, victimisation and any ...
TylerDurden's user avatar
4 votes
1 answer
1k views

Why are "sex" and "place of birth" omitted in some of the clauses of the Indian constitution?

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, ...
Sreeraj Chundayil's user avatar
45 votes
13 answers
10k views

Is "legalese" a thing in languages other than English?

The idea of legalese needs little introduction. An archaic professional jargon that has developed in the English-speaking world over hundreds of years, it has been largely preserved and sustained by ...
Robert Columbia's user avatar
-2 votes
1 answer
68 views

What is the disposal of premises?

Part 4 Equality Act 2010 makes extensive references to the disposal of premises. What specifically does this concern?
TylerDurden's user avatar
-3 votes
2 answers
334 views

What is the judicial rationale for introducing the grainger test to qualify beliefs?

Section 10 Equality Act 2010 seems very clear that “belief means any religious or philosophical belief”. (Emphasis added) Yet, the employment tribunal in Grainger set down a five limb test which ...
TylerDurden's user avatar
0 votes
1 answer
135 views

What are non-physiological aspects of sex?

Section 7(1) equality act 2010 refers to “physiological or other aspects of sex.” What are these other aspects of sex? In other words, what does this “or other” clause refer to?
TylerDurden's user avatar
7 votes
3 answers
3k views

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 ...
Greendrake's user avatar
  • 27.8k
0 votes
1 answer
63 views

What does in between them mean?

An applicant seeking registration to act as a trustee shall have in its employment a minimum of two persons who, between them, have atleast five years experience in activities related to ...
UNKNOWN's user avatar
  • 11

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