Legal in United Kingdom

Concept of Legal

The following is an old definition of Legal [1], a term which has several meanings:1. Pertaining to the understanding, the exposition, the administration, the science and the practice of law: as, the legal profession, legal advice; legal blanks, newspaper, qsee, in this resource, the term 2. Allowed or authorized by law; as, legal – discretion, holiday, interest, tender, trade, qsee, in this resource, the term 3. Implied or imputed in law; opposed to actual: as, legal malice, see, in this resource, the term 4. Sufficient to meet the requirements of law: as, legal – charity, condition, consideration, contract, covenant, cruelty, notice, obligation, qsee, in this resource, the term 5. Appointed or designated by law: as, a legal representative, see, in this resource, the term 6. Cognizable in a court of law; as opposed to equitable, cognizable in chancery: as, legal – assets, defense, estate, interest, owner, proceedings, remedy, right, wrong, waste, qsee, in this resource, the term ” Legal ” looks more to the letter, and “lawful ” to the spirit, of the law. ” Legal ” is more appropriate for conformity to positive rules of law; ” lawful ” for accord with ethical principle. “Legal” imports rather that the forms of law are observed, that the proceeding is correct in method, that rules prescribed have been obeyed; ” lawful ” that the act is rightful in substance, that mo”al quality is secured. ” Legal ” is, moreover, the antithesis of “equitable,” and the equivalent of ” constructive.” Compare Valid. Illegal. Contrary to law. 1. Without authority or support of law, either common or statute

Alternative Meaning

In violation of law; in contravention of the direction, requirement, or prohibition of a law considered with reference to its letter or policy. Compare Error, 2 (2), Erroneous; Void. “Illegal ” and ” unlawful ” are synonyms.” Legality. The quality of conforming to law. Illegality. The quality of being in conflict with law; also, an act or thing contrary to some law. A contract may be “illegal” because contrary to a constitution or a statute, or inconsistent with sound policy and good morals as to the consideration or the thing to be done. Illegality is of two sorts: it exists at common law, or is created by some statute. A contract illegal at common law is so because it violates morality, is opposed to public policy, or is tainted with fraud. Some authorities hold that, though an illegal contract will not be executed, yet, when it has been executed by the parties themselves, and its illegal object has been accomplished, the money or thing which was the price of it may be a legal consideration between the parties for a promise, express or implied, and a court will not unravel the transaction to discover its origin. A party to a contract, the making of which, although prohibited by law, is not malum in se, may, while it remains executory, rescind it and recover money advanced to the other party who had per- formed no part of the contract. There is a distinction between a contract made in excess of power and a contract prohibited by statute or public policy; as there is between suing for the breach of an executoiy contract and suing to recover the value of property received and retained under a contract executed on the part of the plaintiff. If in any case it appears from the evidence that the claim of the complaining or moving party is against public policy or the law, so that in no event could he recover a final judgment, whatever be the nature or extent of the testimony upon the point at issue, the tribunal should not hesitate to dismiss the proceeding. Within the condemned category are: agreements to pay – for supporting a candidate for a public office, orfor not being a candidate: for procuring an office; for procuring a government contract; for lobby services on a claim against the government; for not bidding on a contract to carry the mail; for procuring signatures for a pardon; for suppressing evidence; for a conveyance of what may come from an ancestor; for promoting a marriage; for influence in making a will; for part of the fee one may get as special counsel for the government, designated by the plaintiff; for a percentage on arms sold to a foreign government through the influence of a consul of that government. See Delictum, In pari, etc.; Estoppel; Fraud; Mandatory; Prohibition,1; Ratification; Usus, Utile. Legalize. To give the authority of law to that which lacks such authority: as, to legalize a nuisance; length of time will not legalize a nyisance; slavery was a legalized ‘ social relation. To conflrra or make valid what has been already done.

Resources

Notes and References

1. Meaning of Legal provided by the Anderson Dictionary of Law (1889) (Dictionary of Law consisting of Judicial Definitions and Explanations of Words, Phrases and Maxims and an Exposition of the Principles of Law: Comprising a Dictionary and Compendium of American and English Jurisprudence; William C. Anderson; T. H. Flood and Company, Law Publishers, Chicago, United States)