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Legal Definitions - standing by

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Definition of standing by

Definition: Standing by means waiting for an opportunity to respond or provide assistance. It can also refer to the silence or inaction of a person who has a duty to speak or act, especially when they possess knowledge that should be revealed.

Example: If a person sees someone drowning in a pool and they have the ability to swim and save them, but they choose to stand by and do nothing, they are guilty of standing by. They have a duty to act and their inaction could result in harm to the drowning person.

Explanation: In this example, the person who is standing by has a duty to act because they have the ability to help. Their failure to act could result in harm to the drowning person, which is why their inaction is considered a breach of duty. Standing by can also refer to situations where a person possesses knowledge that should be revealed, but they choose to remain silent. This can be harmful if the knowledge could prevent harm or injustice.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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Simple Definition

Standing by means waiting for an opportunity to respond or help. It can also mean not speaking or acting when you have a duty to do so, especially if you have important information that you should share. This can lead to a legal concept called estoppel, which is when someone is prevented from making a claim or denying a fact because of their previous actions or statements.

A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.

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The law is a jealous mistress, and requires a long and constant courtship.

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