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Loophole Closeup Keoti Fort Rewa MP Jan24 A7C 08774
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. Legal 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. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security
Security is protection from, or resilience against, potential harm (or other unwanted coercion). Beneficiaries (technically referents) of security may be 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). Security is both a feeling and a state of reality. One might feel secure when one is not actually so; or might feel insecure despite being safe. This distinction is usually not very clear to express in the English language. The term is also used to refer to acts ... [...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 " lacuna in the law") is any situation for which there is no applicable law. ''Non liquet'' translates into English from the Latin as "it is not clear". According to Cicero, the term was applied during the Roman Republic to a verdict of "not proven" if 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, but a lacuna denotes within that concept a lacking and so that the matter should in future be governed by law. Loopholes are a subset of lacunae. A lacuna is any specific matter about which no law exists, but a body of public, judicial or academic opinion believes it should exist 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 ci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Quibble (plot Device)
In 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 such as prophecies.John Grant and John Clute, ''The Encyclopedia of Fantasy'',Quibbles p 796 Examples In Christian tales about witchcraft, a pact with the Devil often contains clauses that allow the devil to quibble over what he grants, and equally commonly, the maker of the pact finds a quibble to escape the bargain. In Norse mythology, Loki, having bet his head with Brokk and lost, forbids Brokk to take any part of his neck, saying he had not bet it; to avenge himself Brokk instead sews Loki's lips shut. When Croesus consulted the Pythia, he was told that going to war with Cyrus the Great would destroy a great empire. Croesus assumed that the seer meant that the Persian Empire would be destroyed and Croesus would triumph. He proceeded to attack the ... [...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, similar to a person giving another person a piggyback on their shoulders. 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 ... [...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" is to follow the intention of why the law was enacted. 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 by exploiting technicalities, loopholes, and ambiguous language. Legal research Violating the perceived intention (spirit) of the law has been found to affect people's judgment of culpability more so than the letter of the law, such that; # a person can violate the letter of the law (but not the spirit) and not incur culpability # a person can violate the spirit of the law and incur culpabili ... [...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. In public perception, it typically refers to "procedural rules that can dictate the outcome of a case without having anything to do with the merits of that case." 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 exa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Abuse
Abuse is the act of improper usage or treatment of a person or thing, often to unfairly or improperly gain benefit. Abuse can come in many forms, such as: physical or verbal maltreatment, injury, assault, violation, rape, unjust practices, crimes, or other types of aggression. To these descriptions, one can also add the Kantian notion of the wrongness of using another human being as means to an end rather than as ends in themselves. Some sources describe abuse as "socially constructed", which means there may be more or less recognition of the suffering of a victim at different times and societies. Types and contexts of abuse Abuse of authority Abuse of authority includes harassment, interference, pressure, and inappropriate requests or favors. Abuse of corpse Necrophilia involves possessing a physical attraction to dead bodies that may led to acting upon sexual urges. As corpses are dead and cannot give consent, any manipulation, removal of parts, mutilation, or sexual ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gun Show Loophole
In the United States, the absence of a federal requirement for background checks for private sales of firearms is sometimes referred to as the gun show loophole or the private sale exemption. Federal law requires that, for commercial sales of firearms – sales conducted by someone "engaged in the business" of selling guns – the seller conduct a background check of the buyer. For firearm sales or transfers by private individuals, federal law does not require background checks, although some states and localities do require them. The term "gun show loophole" primarily refers to "a situation in which many sellers dealing in firearms offer them for sale at gun shows without becoming licensed or subje ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Grey Market
A grey market or dark market (sometimes confused with the similar term "parallel import, parallel market") is the trade of a commodity through distribution channels that are not authorised by the original manufacturer or trademark proprietor. Grey market products (grey goods) are products traded outside the authorised 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". Description Grey market goods are goods sold outside the authorized distribution channels by entities which may have no relationship with the producer of the goods. This form of parallel import frequently occurs when the price of an item is significantly higher in one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gödel's Loophole
Gödel's Loophole is a supposed "inner contradiction" in the Constitution of the United States which Austrian-American logician, mathematician, and analytic philosopher Kurt Gödel postulated in 1947. The loophole would permit America's republican structure to be legally turned into a dictatorship. Gödel told his friend Oskar Morgenstern about the existence of the flaw and Morgenstern told Albert Einstein about it at the time, but Morgenstern, in his recollection of the incident in 1971, never mentioned the exact problem as Gödel saw it. This has led to speculation about the precise nature of what has come to be called "Gödel's Loophole." It has been called "one of the great unsolved problems of constitutional law" by American constitutional law scholar John Nowak. History When Gödel was studying to take his American citizenship test in 1947, he came across what he called an "inner contradiction" in the U.S. Constitution. At the time, he was at the Institute for Advanced ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
