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Loophole (law)
A loophole is an ambiguity or inadequacy in a system, such as a law or security, which can be used to circumvent or otherwise avoid the purpose, implied or explicitly stated, of the system. Originally, the word meant an arrowslit, a narrow vertical window in a wall through which an archer (or, later, gunman) could shoot. Loopholes were commonly used in U.S. forts built during the 1800s. Located in the sally port, a loophole was considered a last ditch defense, where guards could close off the inner and outer doors trapping enemy soldiers and using small arms fire through the slits. Loopholes are distinct from lacunae, although the two terms are often used interchangeably. In a loophole, a law addressing a certain issue exists, but can be legally circumvented due to a technical defect in the law, such as a situation where the details are under-specified. A lacuna, on the other hand, is a situation in which no law exists in the first place to address that particular issue. Use a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security
Security is protection from, or resilience against, potential harm (or other unwanted coercive change) caused by others, by restraining the freedom of others to act. Beneficiaries (technically referents) of security may be of persons and social groups, objects and institutions, ecosystems or any other entity or phenomenon vulnerable to unwanted change. Security mostly refers to protection from hostile forces, but it has a wide range of other senses: for example, as the absence of harm (e.g. freedom from want); as the presence of an essential good (e.g. food security); as resilience against potential damage or harm (e.g. secure foundations); as secrecy (e.g. a secure telephone line); as containment (e.g. a secure room or cell); and as a state of mind (e.g. emotional security). The term is also used to refer to acts and systems whose purpose may be to provide security (security companies, security forces, security guard, cyber security systems, security cameras, remote guard ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grandfather Clause
A grandfather clause, also known as grandfather policy, grandfathering, or grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in. Frequently, the exemption is limited, as it may extend for a set time, or it may be lost under certain circumstances; for example, a grandfathered power plant might be exempt from new, more restrictive pollution laws, but the exception may be revoked and the new rules would apply if the plant were expanded. Often, such a provision is used as a compromise or out of practicality, to allow new rules to be enacted without upsetting a well-established logistical or political situation. This extends the idea of a rule not being retroactively applied. Origin Southern United States The term originated in late nineteenth-century legislation and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Circumvention
Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow. The requirement for anti-circumvention laws was globalized in 1996 with the creation of the World Intellectual Property Organization's Copyright Treaty. Background Article 11 of WIPO Copyright Treaty "Obligations concerning Technological Measures" requires contracting parties to "...provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law." Article 12 of WIPO Copyright Treaty "Obligations concerning Rights Management Information" requires contracting parties to "...provide adequate and effective lega ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Non Liquet
In law, a ''non liquet'' (commonly known as "wikt:lacuna, lacuna in the law") is any situation where there is no applicable law. ''Non liquet'' translates into English from Latin as "it is not clear". According to Cicero, the term was applied during the Roman Republic to a verdict of "not proven" where the guilt or innocence of the accused was "not clear". Strictly, a finding of non liquet could result in a decision that the matter will always remain non-justiciable, whereas a lacuna denotes within that concept a lacking hence that the matter should in future be governed by law. Loopholes are a subset of lacunae. A lacuna describes every specific matter about which no law exists, but a body of public, judicial or academic opinion believes it should, to address a particular issue (often described as "unregulated" or "wholly inadequately regulated" activities or areas). A loophole, where properly defined by contrast, denotes that a set of laws addressing a certain issue exists, bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quibble (plot Device)
In terms of fiction, a quibble is a plot device, used to fulfill the exact verbal conditions of an agreement in order to avoid the intended meaning. Typically quibbles are used in legal bargains and, in fantasy, magically enforced ones.John Grant and John Clute, ''The Encyclopedia of Fantasy'',Quibbles p 796 Examples William Shakespeare used a quibble in ''The Merchant of Venice''. Portia saves Antonio in a court of law by pointing out that the agreement called for a pound of flesh, but no blood, and therefore Shylock can collect only if he sheds no blood, which is not physically possible. He also uses one in ''Macbeth'' where Macbeth is killed by Macduff, despite it being prophesied by the Three Witches that "none of woman born" shall vanquish him, as the latter character was born by Caesarean section. In a second prophecy, Macbeth is told that he has nothing to fear until Great Birnam Wood comes to Dunsinane Hill. He feels safe since he knows that forests cannot move, but ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Piggybacking (security)
In security, piggybacking, similar to tailgating, refers to when a person tags along with another person who is authorized to gain entry into a restricted area, or pass a certain checkpoint. It can be either electronic or physical. The act may be legal or illegal, authorized or unauthorized, depending on the circumstances. However, the term more often has the connotation of being an illegal or unauthorized act. To describe the act of an unauthorized person who follows someone to a restricted area ''without'' the consent of the authorized person, the term tailgating is also used. "Tailgating" implies no consent (similar to a car tailgating another vehicle on a road), while "piggybacking" usually implies consent of the authorized person. Piggybacking came to the public's attention particularly in 1999, when a series of weaknesses were exposed in airport security. A study showed that the majority of undercover agents attempting to pass through checkpoints, bring banned items on plane ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letter And Spirit Of The Law
The letter of the law and the spirit of the law are two possible ways to regard rules, or laws. To obey the letter of the law is to follow the literal reading of the words of the law, whereas following the spirit of the law means enacting the intent behind the law. Although it is usual to follow both the letter and the spirit, the two are commonly referenced when they are in opposition. "Law" originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language. Rules as written (RAW) versus rules as intended (RAI) is a similar expression originating from the tabletop role-playing game community. Legal research Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Technicality
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law; it has no exact meaning, nor does it have a legal definition. It implies that strict adherence to the letter of the law has prevented the spirit of the law from being enforced. However, as a vague term, the definition of a technicality varies from person to person, and it is often simply used to denote any portion of the law that interferes with the outcome desired by the user of the term. Some legal technicalities govern legal procedure, enable or restrict access to courts, and/or enable or limit the discretion of a court in handing down judgment. These are aspects of procedural law. Other legal technicalities deal with aspects of substantive law, that is, aspects of the law that articulate specific criteria that a court uses to assess a party's compliance with or violation of, for example, one or more criminal laws or civil laws.In th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Abuse
{{Commonscat Articles that pertain, directly or indirectly, to improper use of the legal system, or to abuse ''by'' the legal system, or to allegations thereof. Law by issue Legal ethics Practice of law Sociology of law Lawsuits Abuse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gun Show Loophole
Gun show loophole is a political term in the United States referring to the sale of firearms by private sellers, including those done at gun shows, that do not require the seller to conduct a federal background check of the buyer. This is also called the private sale exemption. Under federal law, any person may sell a firearm to a federally unlicensed resident of the state where they reside, as long as they do not know or have reasonable cause to believe that the person is prohibited from receiving or possessing firearms. Under federal law, for sales of firearms by holders of a Federal Firearms License (FFL), such as gun stores, pawn shops, outdoors stores and other licensees, the seller must perform a background check of the buyer, and record the sale, regardless of whether the sale takes place at the seller's regular place of business or at a gun show. Firearm sales between private individuals who reside in the same state – that is, sales in the "secondary market" – are ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grey Market
A grey market or dark market (sometimes confused with the similar term " parallel market") is the trade of a commodity through distribution channels that are not authorized by the original manufacturer or trade mark proprietor. Grey market products (grey goods) are products traded outside the authorized manufacturer's channel. Etymology Manufacturers of computers, telecom, and technology equipment often sell these products through distributors. Most distribution agreements require the distributor to resell the products strictly to end users. However, some distributors choose to resell products to other resellers. In the late 1980s, manufacturers labelled the resold products as the "grey market". The legality of selling "grey market" products depends on a number of factors. Courts in the United States and in the EU make a number of assessments, including an examination of the physical and non-physical differences between the "grey market" and authorized products to determin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gerrymandering
In representative democracies, gerrymandering (, originally ) is the political manipulation of electoral district boundaries with the intent to create undue advantage for a party, group, or socioeconomic class within the constituency. The manipulation may involve "cracking" (diluting the voting power of the opposing party's supporters across many districts) or "packing" (concentrating the opposing party's voting power in one district to reduce their voting power in other districts). Gerrymandering can also be used to protect incumbents. Wayne Dawkins describes it as politicians picking their voters instead of voters picking their politicians. The term ''gerrymandering'' is named after American politician Elbridge Gerry, Vice President of the United States at the time of his death, who, as governor of Massachusetts in 1812, signed a bill that created a partisan district in the Boston area that was compared to the shape of a mythological salamander. The term has negative con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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