Based on refers to the creation of something new that is derived from an earlier work and shares similarities with it. However, it is important to note that excessive copying of the original work is not permissible. For instance, if an individual writes a book that is based on another book, they must avoid copying too much content from the original source. Various types of work exist, such as physically demanding work that involves lifting heavy objects, or sedentary work that requires prolonged sitting. A work refers to something that is created by someone, such as a painting, a song, or a book. Certain works can be protected by copyright, which grants exclusive rights to the creator and prohibits others from copying or using the work without permission.
When a work is derived from and similar to an earlier work, it is considered to be “based on” that earlier work. However, for a work to be classified as based on an earlier work, it must have substantially similar expression rather than just substantially similar ideas. This means that if a work is based on an earlier work, it violates the copyright of the earlier work. An example of a work based on an earlier work is a movie that is based on a book. Although the movie may have different actors and settings, it still tells the same story as the book. Another example is a song that samples a portion of another song. The new song may have different lyrics and melody, but it still incorporates a portion of the original song. These examples demonstrate how a work can be based on an earlier work by utilizing similar expression or ideas.
“Based on” refers to the foundation or underlying reason for a legal decision or action. It indicates that the decision or action was made or taken because of a particular fact or circumstance.
Yes, a legal decision can be overturned if it was based on incorrect information. This is because the decision was not made on a sound foundation and may have resulted in an unjust outcome.
“Based on” refers to the underlying reason for a decision or action, while “in accordance with” refers to following a particular law or regulation.
No, a legal decision cannot be based on personal bias or prejudice. This would be a violation of the principles of fairness and impartiality in the legal system.
You can challenge a legal decision by filing an appeal or petition for review with a higher court. You will need to provide evidence that the decision was based on incorrect information.
Yes, a legal decision can be based on hearsay evidence, but it may be given less weight than other types of evidence. Hearsay evidence is generally considered less reliable because it is based on secondhand information.
Precedent refers to legal decisions that have been made in previous cases. When a legal decision is based on precedent, it means that the court is following the reasoning and outcome of a previous case that is similar to the current case.
No, a legal decision cannot be based on public opinion or political pressure. The legal system is designed to be impartial and independent of outside influences.
A legal decision that is based on fact is one that is made based on the evidence presented in a case, while a decision that is based on law is one that is made based on the interpretation and application of legal principles and statutes.
Yes, a legal decision can be based on a technicality if it is relevant to the case and the law. However, courts generally try to avoid making decisions based solely on technicalities and instead focus on the substance of the case.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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