Lawful & Unlawful VS LEGAL & ILLEGAL

Blacks 1st
Lawful Warranted or authorized by the law; having the qualifications prescribed by law; not contrary to nor forbidden by the law. The principal distinction between the terms "lawful" and "legal" is that the former contemplates the substance of law, the latter the form of law. To say of an act that it is "lawful implies that it is authorized, sanctioned, or at any rate not forbidden, by law. To say that it is "legal" implies that it is done or performed in accordance with the forms and usages of law, or in a technical manner. In this sense "illegal" approaches the meaning of ''invalid. For example, a contract or will, executed without the required formalities, might be said to be invalid or illegal, but could not be described as unlawful. Further, the word "lawful" more clearly implies an ethical content than does legal. The latter goes no further than to denote compliance with positive, technical, or formal rules; while the former usually imports a moral substance or ethical permissibility. A further distinction is that the word "legal is used as the synonym of "constructive", which "lawful'' is n ot. Thus "legal fraud is fraud implied or inferred by law, or made out by construction. Lawful fraud would be a contradiction of terms. Again, "legal" is used as the antithesis of equitable. Thus, we speak of "legal assets, legal estate, etc., but not of "lawful assets or "lawful estate. But there are some connections in which the two words are used as exact equivalents. Thus, a "lawful" writ, warrant, or process is the same as a "legal writ, warrant, or process. Unlawful That which is contrary to law. "Unlawful" and "illegal" are frequently used as synonymous terms, but, in the proper sense of the word, unlawful, as applied to promises, agreements, considerations, and the like, denotes that they are ineffectual in law because they involve acts which, although not illegal, i.e., positively forbidden, are disapproved of by the law, and are therefore not recognized as the ground of legal rights, either because they are immoral or because they are against public policy. It is on this ground that contracts in restraint of marriage or of trade are generally void. Sweet. LEGAL 1. Conforming to the law; according to law; required or permitted by law; not forbidden or discountenanced by law; good and effectual in law. 2. Proper or sufficient to be recognized by the law; cognizable in the courts; competent or adequate to fulfill the requirements of the law. 3. Cognizable in courts of law, as distinguished from courts of equity; construed or governed by the rules and principles of law, in contradistinction to rules of equity. 4. Posited by the courts as the inference or imputation of the law, as a matter of construction, rather than established by actual proof; e.g., legal malice. ILLEGAL Not authorized by law; illicit; unlawful; contrary to law. Sometimes this term means merely that which lacks authority of or support from law; but more frequently it imports a violation. Etymologically, the word seems to convey the negative meaning only. But in ordinary use it has a severer, stronger signification; the idea of censure or condemnation for breaking law is usually presented. But the law implied in illegal is not necessarily an express statute. Things are called "illegal" for a violation of common-law principles. And the term does not imply that the act spoken of is immoral or wicked; it implies only a breach of the law. 1 Abb. Pro (N. S.) 432; 4S N. H. 196; Id. 211; 3 Sneed, 64.

Black's 1st, 6th, 8th, 9th

Lawful & Unlawful VS LEGAL & ILLEGAL

Blacks 6th
Lawful Warranted or authorized by the law; having the qualifications prescribed by law; not contrary to nor forbidden by the law; not illegal. The principal distinction between the terms "lawful" and "legal" is that the former contemplates the substance of law, the latter the form of law. To say of an act that it is "lawful" implies that it is authorized, sanctioned, or at any rate not forbidden, by law. To say that it is "legal" implies that it is done or performed in accordance with the forms and usages of law, or in a technical manner. In this sense "illegal" approaches the meaning of "invalid." For example, a contract or will, executed without the required formalities, might be said to be invalid or illegal, but could not be described as unlawful. Further, the word "lawful" more clearly implies an ethical content than does "legal." The latter goes no further than to denote compliance, with positive, technical, or formal rules; while the former usually imports a moral substance or ethical permissibility. A further distinction is that the word "legal" is used as the synonym of "constructive," which "lawful" is not. Thus "legal fraud" is fraud implied or inferred by law, or made out by construction. "Lawful fraud" would be a contradiction of terms. Again, "legal" is used as the antithesis of "equitable." Thus, we speak of "legal assets," "legal estate," etc., but not of "lawful assets," or "lawful estate." But there are some connections in which the two words are used as exact equivalents. Thus, a "lawful" writ, warrant, or process is the same as a "legal" writ, warrant, or process. Unlawful That which is contrary to, prohibited, or unauthorized by law. That which is not lawful. The acting contrary to, or in defiance of the law; disobeying or disregarding the law. Term is equivalent to "without excuse or justification." State v. Noble, 90 N.M. 360, 563 P.2d 1153, 1157. While necessarily not implying the element of criminality, it is broad enough to include it. Term as applied to agreements and the like, denotes they are ineffectual in law, for they involve acts which, though not positively forbidden, are disapproved by law and are therefore not recognized as ground of legal rights because they are against public policy. Conine v. Leikam, Okl., 570 P.2d 1156, 1159. LEGAL 1. Conforming to the law; according to law; required or permitted by law; not forbidden or discountenanced by law; good and effectual in law; of or pertaining to the law; lawful. Freeman v. Fowler Packing Co., 135 Kan. 378, 1 1 P.2d 276, 277. See Lawful; Valid. 2. Proper or sufficient to be recognized by the law; cognizable in the courts; competent or adequate to fulfill the requirements of the law. 3. Cognizable in courts of law, as distinguished from courts of equity; construed or governed by the rules and principles of law, in contradistinction to rules of equity. With the merger in most states of law and equity courts, this distinction generally no longer exists. Fed.R.Civil Proc. 2. 4. Posited by the courts as the inference or imputation of the law, as a matter of construction, rather than established by actual proof; e.g., legal malice. 5. Created by law. As to legal Consideration; Damages; Day; Debt; Defense; Demand; Disability; Discretion; Estate; Incapacity; Irregularity; Memory; Mortgage; Process; Relevancy; Remedy; Reversion, and Tender, see those titles. ILLEGAL Against or not authorized by law.

Black's 1st, 6th, 8th, 9th

Lawful & Unlawful VS LEGAL & ILLEGAL Blacks 8th

Lawful Not contrary to law; permitted by law <the police officer conducted a lawful search of the premises>. Unlawful 1. Not authorized by law; illegal <in some cities, jaywalking is unlawful>. 2. Criminally punishable <unlawful entry>.3. Involving moral turpitude <the preacher spoke to the congregation about the unlawful activities of gambling and drinking>. LEGAL 1. Of or relating to law; falling within the province of law <pro bono legal services>. 2. Established, required, or permitted by law; LAWFUL < it is legal to carry a concealed handgun in some states>. 3. Of or relating to law as opposed to equity. [Cases: Action 21. C.J.S. Actions 124.] ILLEGAL Forbidden by law; unlawful <illegal dumping> <an illegal drug>.

Black's 1st, 6th, 8th, 9th

Lawful & Unlawful VS LEGAL & ILLEGAL

Blacks 9th
Lawful 1. Not contrary to law; permitted by law. Unlawful 1. Not authorized by law; illegal <in some cities, jaywalking is unlawful>. 2. Criminally punishable <unlawful entry>. 3. Involving moral turpitude <the preacher spoke to the congregation about the unlawful activities of gambling and drinking>. LEGAL 1. Of or relating to law; falling within the province of law <pro bono legal services>. 2. Established, required, or permitted by law; LAWFUL <it is legal to carry a concealed handgun in some states>. 3. Of or relating to law as opposed to equity. ILLEGAL Forbidden by law; unlawful <illegal dumping> <an illegal drug>.

Black's 1st, 6th, 8th, 9th