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Is there a legal difference between unlawful and illegal?
by ceilingcorner 6y ago
Is there a legal difference between unlawful and illegal?
- Mindwipe 6y agoIllegal in particular doesn't really have a proper legal meaning in many juristictions. Generally, in lay terms, unlawful means to act in contrary to the law, so it covers anything where a) the police come after you and charge you with a crime b) a governmental body charges you with an offense or imposes a penalty for a breach of the law or c) you are in a situation where a third party can sue you and win for damages etc due to you acting in contrary to your legal obligations. Generally speaking "illegal" is only used to describe a and b, or just a. But to be honest so many people get them wrong that there's a legitimate argument that the layperson difference is meaningless nowadays.
- LatteLazy 6y agoThe US doesn't really have the distinction legally, it's from English Common law. Something is illegal if it breaks criminal law (aka you can be punished for it). Unlawful just means something is not lawful. If you take something reasonably believing it is yours (pickup the wrong coat), you've acted unlawfully: you can be made to give the coat back or pay recompense. If you take a coat knowing it isn't yours, that's illegal. Everything illegal is unlawful, but not everything unlawful is illegal.