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A LEGAL QUESTION

Fri Nov 19, 2010 8:21 pm

What is the difference between illegal and unlawful.

Re: A LEGAL QUESTION

Fri Nov 19, 2010 8:21 pm

I was told that illegal was a sick bird.

Re: A LEGAL QUESTION

Fri Nov 19, 2010 8:28 pm

BigGwynram wrote:What is the difference between illegal and unlawful.


The short answer is that they are two different things. Illegal means "against or not authorized by law." Unlawful means "contrary to, prohibited, or unauthorized by law...while necessarily not implying the element of criminality, it is broad enough to include it." So, for example, you could stay in your house after your lease is up (unlawful detainer) but that's not a crime against the state, it's a civil wrong (tort) against your landlord. If the landlord then took you to court and had you properly evicted, and you then returned to the premises, you might then be guilty of the crime of trespassing. Trespassing is illegal. See how easy? Simples really

:ayatollah: :ayatollah:

Re: A LEGAL QUESTION

Fri Nov 19, 2010 8:28 pm

:lol: that one tickled me more than usual :lol:

Re: A LEGAL QUESTION

Fri Nov 19, 2010 8:31 pm

castleblue wrote:
BigGwynram wrote:What is the difference between illegal and unlawful.


The short answer is that they are two different things. Illegal means "against or not authorized by law." Unlawful means "contrary to, prohibited, or unauthorized by law...while necessarily not implying the element of criminality, it is broad enough to include it." So, for example, you could stay in your house after your lease is up (unlawful detainer) but that's not a crime against the state, it's a civil wrong (tort) against your landlord. If the landlord then took you to court and had you properly evicted, and you then returned to the premises, you might then be guilty of the crime of trespassing. Trespassing is illegal. See how easy? Simples really

:ayatollah: :ayatollah:

Image

Re: A LEGAL QUESTION

Fri Nov 19, 2010 8:44 pm

Nathan Walker wrote:
castleblue wrote:
BigGwynram wrote:What is the difference between illegal and unlawful.


The short answer is that they are two different things. Illegal means "against or not authorized by law." Unlawful means "contrary to, prohibited, or unauthorized by law...while necessarily not implying the element of criminality, it is broad enough to include it." So, for example, you could stay in your house after your lease is up (unlawful detainer) but that's not a crime against the state, it's a civil wrong (tort) against your landlord. If the landlord then took you to court and had you properly evicted, and you then returned to the premises, you might then be guilty of the crime of trespassing. Trespassing is illegal. See how easy? Simples really

:ayatollah: :ayatollah:

Image


Doh :lol: :lol: :lol:

Re: A LEGAL QUESTION

Fri Nov 19, 2010 8:51 pm

unlawful entry - entering a property with good intention without the owners consent
illegal entry - entering a property without the owners consent and with bad intention
unlawful & illegal entry - anal