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Loophole
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 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 verti ... 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, ...
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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 ...
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Loophole (firearm)
A loophole is a protected small opening, which allows a firearm to be aimed and discharged, while providing cover and concealment for the rifleman. To prevent detection, the rifle's muzzle should not protrude through the loophole, particularly at night to hide the muzzle flash. Arrowslit The precursor to the loophole for firearms was the arrowslit, which is a narrow aperture in a fortification for an archer to launch arrows or an arbalist to launch crossbow bolts. The earliest use of the arrowslit was alleged to have been by Archimedes during the siege of Syracuse in 214–212 BC. Arrowslits were used in ancient Greek warfare and by the military of ancient Rome. There was a reintroduction of arrowslits during the medieval warfare period at Dover Castle and Framlingham Castle in England and by Richard the Lionheart at Château Gaillard in France. First World War During the First World War, the static movement of trench warfare and a need for protection from snipers ...
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Arrowslit
An arrowslit (often also referred to as an arrow loop, loophole or loop hole, and sometimes a balistraria) is a narrow vertical aperture in a fortification through which an archer can launch arrows or a crossbowman can launch bolts. The interior walls behind an arrow loop are often cut away at an oblique angle so that the archer has a wide field of view and field of fire. Arrow slits come in a variety of forms. A common one is the cross, accommodating the use of both the longbow and the crossbow. The narrow vertical aperture permits the archer large degrees of freedom to vary the elevation and direction of their bowshot, but makes it difficult for attackers to harm the archer since there is only a small target at which to aim. Balistraria, plural balistrariae, from balister, crossbowman can often be found in the curtain walls of medieval battlements beneath the crenellations. History The invention of the arrowslit is attributed to Archimedes during the siege of Syracuse in 2 ...
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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 ...
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Non Liquet
In law, a ''non liquet'' (commonly known as "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, but can be circ ...
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Non Liquet
In law, a ''non liquet'' (commonly known as "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, but can be circ ...
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Evasion (law)
Evasion in law, is a fundamental public policy doctrine, which exists also in the conflict of laws. Definition Although one may legitimately plan affairs to avoid the incidence of obligations or liabilities imposed by the law, but no one may evade the operation of otherwise-mandatory provisions if duties and liabilities have been properly imposed or incurred. It is a standard doctrine in most jurisdictions: in France, it is termed, ''fraude à la loi'', in Spain, ''fraude de ley'', in Italy, ''violazione di norme di legge'', in Germany, ''Rechtswidrige Umgehung eines Gesetzes''. It reflects the need for governments to prevent their citizens from intentionally and improperly manipulating their behaviour to prevent mandatory provisions in the law from applying to them. As the translated names necessarily imply, the key is an intention to displace the normal operation of the legal system. Sometimes, that intention is obvious. On other occasions, it is for the courts to decide whet ...
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Security
" \n\n\nsecurity.txt is a proposed standard for websites' security information that is meant to allow security researchers to easily report security vulnerabilities. The standard prescribes a text file called \"security.txt\" in the well known location, similar in syntax to robots.txt but intended to be machine- and human-readable, for those wishing to contact a website's owner about security issues. security.txt files have been adopted by Google, GitHub, LinkedIn, and Facebook.\n History \n\nThe Internet Draft was first submitted by Edwin Foudil in September 2017. At that time it covered four directives, \"Contact\", \"Encryption\", \"Disclosure\" and \"Acknowledgement\". Foudil expected to add further directives based on feedback. In addition, web security expert Scott Helme said he had seen positive feedback from the security community while use among the top 1 million websites was \"as low as expected right now\".\n\nIn 2019, the Cybersecurity and Infrastructure Security Agency ( ...
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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 leg ...
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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 i ...
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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 ...
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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 ...
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