Equivalent of “illegal” for violating civil lawHow are the interests of civil and criminal justice served...
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Equivalent of “illegal” for violating civil law
How are the interests of civil and criminal justice served when in conflict?Major difference between criminal and civil law being that there has to be no specific victim in former?Why a civil court can order damages for killing a person?Why are there distinct burdens of proof in civil and criminal cases?What is the difference between Common Law and Civil Law in the U.S.?Term for Criminal Investigation + LawCanadian Equivalent to 18 USC 1831/1832/1837?Why haven't jurists corrected the ambiguity of 'civil law'?To what extent would a civil court defer to a criminal court (jury) decision?Can a real-life example be used to describe the difference between common and civil law?
If "illegal" is typically used for criminal law, what adjective or adjectives are generally used for breaking civil law?
civil-law terminology
New contributor
|
show 5 more comments
If "illegal" is typically used for criminal law, what adjective or adjectives are generally used for breaking civil law?
civil-law terminology
New contributor
1
As the accurate answers given indicate, the premise of your question is incorrect, although it is a common misconception.
– ohwilleke
17 hours ago
5
Possibly tortious.
– Tim Lymington
16 hours ago
1
@ohwilleke: I was basing this on Google's definition of "contrary to or forbidden by law, especially criminal law." (at google.com/search?client=firefox-b-d&q=define%3Aillegal ) and did note I was speaking of "typically", but if it is regularly used, I stand corrected. I was also thrown by english.stackexchange.com/questions/373704/… and in any case interested in alternatives which were civil only.
– Brett Zamir
14 hours ago
3
@CJDennis Nope. Offensive means contrary to standards of propriety and could be civil, criminal or not illegal but contrary to informal cultural norms.
– ohwilleke
14 hours ago
1
Helpful, @TimLymington, but are there no adjectives which would refer to breaking civil law only (including non-tort civil law), such as an alternative for "illegal immigrant" which avoided the ambiguity of suggesting a violation of criminal law?
– Brett Zamir
13 hours ago
|
show 5 more comments
If "illegal" is typically used for criminal law, what adjective or adjectives are generally used for breaking civil law?
civil-law terminology
New contributor
If "illegal" is typically used for criminal law, what adjective or adjectives are generally used for breaking civil law?
civil-law terminology
civil-law terminology
New contributor
New contributor
edited 21 hours ago
David Siegel
10.9k2045
10.9k2045
New contributor
asked 23 hours ago
Brett ZamirBrett Zamir
1266
1266
New contributor
New contributor
1
As the accurate answers given indicate, the premise of your question is incorrect, although it is a common misconception.
– ohwilleke
17 hours ago
5
Possibly tortious.
– Tim Lymington
16 hours ago
1
@ohwilleke: I was basing this on Google's definition of "contrary to or forbidden by law, especially criminal law." (at google.com/search?client=firefox-b-d&q=define%3Aillegal ) and did note I was speaking of "typically", but if it is regularly used, I stand corrected. I was also thrown by english.stackexchange.com/questions/373704/… and in any case interested in alternatives which were civil only.
– Brett Zamir
14 hours ago
3
@CJDennis Nope. Offensive means contrary to standards of propriety and could be civil, criminal or not illegal but contrary to informal cultural norms.
– ohwilleke
14 hours ago
1
Helpful, @TimLymington, but are there no adjectives which would refer to breaking civil law only (including non-tort civil law), such as an alternative for "illegal immigrant" which avoided the ambiguity of suggesting a violation of criminal law?
– Brett Zamir
13 hours ago
|
show 5 more comments
1
As the accurate answers given indicate, the premise of your question is incorrect, although it is a common misconception.
– ohwilleke
17 hours ago
5
Possibly tortious.
– Tim Lymington
16 hours ago
1
@ohwilleke: I was basing this on Google's definition of "contrary to or forbidden by law, especially criminal law." (at google.com/search?client=firefox-b-d&q=define%3Aillegal ) and did note I was speaking of "typically", but if it is regularly used, I stand corrected. I was also thrown by english.stackexchange.com/questions/373704/… and in any case interested in alternatives which were civil only.
– Brett Zamir
14 hours ago
3
@CJDennis Nope. Offensive means contrary to standards of propriety and could be civil, criminal or not illegal but contrary to informal cultural norms.
– ohwilleke
14 hours ago
1
Helpful, @TimLymington, but are there no adjectives which would refer to breaking civil law only (including non-tort civil law), such as an alternative for "illegal immigrant" which avoided the ambiguity of suggesting a violation of criminal law?
– Brett Zamir
13 hours ago
1
1
As the accurate answers given indicate, the premise of your question is incorrect, although it is a common misconception.
– ohwilleke
17 hours ago
As the accurate answers given indicate, the premise of your question is incorrect, although it is a common misconception.
– ohwilleke
17 hours ago
5
5
Possibly tortious.
– Tim Lymington
16 hours ago
Possibly tortious.
– Tim Lymington
16 hours ago
1
1
@ohwilleke: I was basing this on Google's definition of "contrary to or forbidden by law, especially criminal law." (at google.com/search?client=firefox-b-d&q=define%3Aillegal ) and did note I was speaking of "typically", but if it is regularly used, I stand corrected. I was also thrown by english.stackexchange.com/questions/373704/… and in any case interested in alternatives which were civil only.
– Brett Zamir
14 hours ago
@ohwilleke: I was basing this on Google's definition of "contrary to or forbidden by law, especially criminal law." (at google.com/search?client=firefox-b-d&q=define%3Aillegal ) and did note I was speaking of "typically", but if it is regularly used, I stand corrected. I was also thrown by english.stackexchange.com/questions/373704/… and in any case interested in alternatives which were civil only.
– Brett Zamir
14 hours ago
3
3
@CJDennis Nope. Offensive means contrary to standards of propriety and could be civil, criminal or not illegal but contrary to informal cultural norms.
– ohwilleke
14 hours ago
@CJDennis Nope. Offensive means contrary to standards of propriety and could be civil, criminal or not illegal but contrary to informal cultural norms.
– ohwilleke
14 hours ago
1
1
Helpful, @TimLymington, but are there no adjectives which would refer to breaking civil law only (including non-tort civil law), such as an alternative for "illegal immigrant" which avoided the ambiguity of suggesting a violation of criminal law?
– Brett Zamir
13 hours ago
Helpful, @TimLymington, but are there no adjectives which would refer to breaking civil law only (including non-tort civil law), such as an alternative for "illegal immigrant" which avoided the ambiguity of suggesting a violation of criminal law?
– Brett Zamir
13 hours ago
|
show 5 more comments
2 Answers
2
active
oldest
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The term "illegal" is also often used for actions that the law prohibits, but that give rise to civil liability, rather than criminal prosecution. We see such use a lot in questions on Law.SE. One also says that a person "is liable" when there are grounds for a civil suit against that person. One might also say that such a person "has commited a tort" or "has civil liability" or "could be held liable". In the specific cases of copyright, trademark, and patent law, one says that a violator "his infringed" or has committed infringement" and that an act contrary to those laws "is an infringement".
add a comment |
“Illegal” is not limited to criminal matters
Illegal and unlawful are synonymous and refer to any conduct which is in breach of any law. So:
- Murder is illegal and a crime
- Stopping in a No Stopping zone is illegal and a civil offence
- Breaking a contract is illegal and exposes the breacher to civil damages
Thank you for the answer. Re: illegal and unlawful, it may be helpful to point out that, (yes, as with other synonyms), there may be slight differences. See english.stackexchange.com/questions/14436/… including its excerpt from the Oxford English Dictionary. (However, I think we also do use "illegal" for an act that "merely contravenes the rules that apply in a particular context" such as "an illegal serve".)
– Brett Zamir
14 hours ago
I have rarely if ever heard legal professionals refer to breach of contract as "illegal", at least not in ordinary US commercial law. What is the law that you see being broken?
– Hasse1987
14 hours ago
3
@Hasse1987 Contract law - the one that obliges you to fulfill your contracts.
– Dale M
13 hours ago
@DaleM A common view is it doesn't oblige you, it allows you to choose between fulfilling it and paying some money. You can try to analogize this to the criminal law, but I don't believe that agrees with common usage. Are you arguing from a dictionary definition? If so you should state so in your answer.
– Hasse1987
11 hours ago
1
@Hasse1987 that might be a common view in a figurative sense but a contract is literally a declaration of obligations of the respective parties. It seems very strange to argue that the language of legal obligation is categorically inappropriate where a party voluntarily takes on a new legal obligation and discloses his undertaking to be bound by this obligation.
– Will
3 hours ago
|
show 1 more comment
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2 Answers
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The term "illegal" is also often used for actions that the law prohibits, but that give rise to civil liability, rather than criminal prosecution. We see such use a lot in questions on Law.SE. One also says that a person "is liable" when there are grounds for a civil suit against that person. One might also say that such a person "has commited a tort" or "has civil liability" or "could be held liable". In the specific cases of copyright, trademark, and patent law, one says that a violator "his infringed" or has committed infringement" and that an act contrary to those laws "is an infringement".
add a comment |
The term "illegal" is also often used for actions that the law prohibits, but that give rise to civil liability, rather than criminal prosecution. We see such use a lot in questions on Law.SE. One also says that a person "is liable" when there are grounds for a civil suit against that person. One might also say that such a person "has commited a tort" or "has civil liability" or "could be held liable". In the specific cases of copyright, trademark, and patent law, one says that a violator "his infringed" or has committed infringement" and that an act contrary to those laws "is an infringement".
add a comment |
The term "illegal" is also often used for actions that the law prohibits, but that give rise to civil liability, rather than criminal prosecution. We see such use a lot in questions on Law.SE. One also says that a person "is liable" when there are grounds for a civil suit against that person. One might also say that such a person "has commited a tort" or "has civil liability" or "could be held liable". In the specific cases of copyright, trademark, and patent law, one says that a violator "his infringed" or has committed infringement" and that an act contrary to those laws "is an infringement".
The term "illegal" is also often used for actions that the law prohibits, but that give rise to civil liability, rather than criminal prosecution. We see such use a lot in questions on Law.SE. One also says that a person "is liable" when there are grounds for a civil suit against that person. One might also say that such a person "has commited a tort" or "has civil liability" or "could be held liable". In the specific cases of copyright, trademark, and patent law, one says that a violator "his infringed" or has committed infringement" and that an act contrary to those laws "is an infringement".
edited 16 hours ago
answered 21 hours ago
David SiegelDavid Siegel
10.9k2045
10.9k2045
add a comment |
add a comment |
“Illegal” is not limited to criminal matters
Illegal and unlawful are synonymous and refer to any conduct which is in breach of any law. So:
- Murder is illegal and a crime
- Stopping in a No Stopping zone is illegal and a civil offence
- Breaking a contract is illegal and exposes the breacher to civil damages
Thank you for the answer. Re: illegal and unlawful, it may be helpful to point out that, (yes, as with other synonyms), there may be slight differences. See english.stackexchange.com/questions/14436/… including its excerpt from the Oxford English Dictionary. (However, I think we also do use "illegal" for an act that "merely contravenes the rules that apply in a particular context" such as "an illegal serve".)
– Brett Zamir
14 hours ago
I have rarely if ever heard legal professionals refer to breach of contract as "illegal", at least not in ordinary US commercial law. What is the law that you see being broken?
– Hasse1987
14 hours ago
3
@Hasse1987 Contract law - the one that obliges you to fulfill your contracts.
– Dale M
13 hours ago
@DaleM A common view is it doesn't oblige you, it allows you to choose between fulfilling it and paying some money. You can try to analogize this to the criminal law, but I don't believe that agrees with common usage. Are you arguing from a dictionary definition? If so you should state so in your answer.
– Hasse1987
11 hours ago
1
@Hasse1987 that might be a common view in a figurative sense but a contract is literally a declaration of obligations of the respective parties. It seems very strange to argue that the language of legal obligation is categorically inappropriate where a party voluntarily takes on a new legal obligation and discloses his undertaking to be bound by this obligation.
– Will
3 hours ago
|
show 1 more comment
“Illegal” is not limited to criminal matters
Illegal and unlawful are synonymous and refer to any conduct which is in breach of any law. So:
- Murder is illegal and a crime
- Stopping in a No Stopping zone is illegal and a civil offence
- Breaking a contract is illegal and exposes the breacher to civil damages
Thank you for the answer. Re: illegal and unlawful, it may be helpful to point out that, (yes, as with other synonyms), there may be slight differences. See english.stackexchange.com/questions/14436/… including its excerpt from the Oxford English Dictionary. (However, I think we also do use "illegal" for an act that "merely contravenes the rules that apply in a particular context" such as "an illegal serve".)
– Brett Zamir
14 hours ago
I have rarely if ever heard legal professionals refer to breach of contract as "illegal", at least not in ordinary US commercial law. What is the law that you see being broken?
– Hasse1987
14 hours ago
3
@Hasse1987 Contract law - the one that obliges you to fulfill your contracts.
– Dale M
13 hours ago
@DaleM A common view is it doesn't oblige you, it allows you to choose between fulfilling it and paying some money. You can try to analogize this to the criminal law, but I don't believe that agrees with common usage. Are you arguing from a dictionary definition? If so you should state so in your answer.
– Hasse1987
11 hours ago
1
@Hasse1987 that might be a common view in a figurative sense but a contract is literally a declaration of obligations of the respective parties. It seems very strange to argue that the language of legal obligation is categorically inappropriate where a party voluntarily takes on a new legal obligation and discloses his undertaking to be bound by this obligation.
– Will
3 hours ago
|
show 1 more comment
“Illegal” is not limited to criminal matters
Illegal and unlawful are synonymous and refer to any conduct which is in breach of any law. So:
- Murder is illegal and a crime
- Stopping in a No Stopping zone is illegal and a civil offence
- Breaking a contract is illegal and exposes the breacher to civil damages
“Illegal” is not limited to criminal matters
Illegal and unlawful are synonymous and refer to any conduct which is in breach of any law. So:
- Murder is illegal and a crime
- Stopping in a No Stopping zone is illegal and a civil offence
- Breaking a contract is illegal and exposes the breacher to civil damages
answered 17 hours ago
Dale MDale M
53.8k23377
53.8k23377
Thank you for the answer. Re: illegal and unlawful, it may be helpful to point out that, (yes, as with other synonyms), there may be slight differences. See english.stackexchange.com/questions/14436/… including its excerpt from the Oxford English Dictionary. (However, I think we also do use "illegal" for an act that "merely contravenes the rules that apply in a particular context" such as "an illegal serve".)
– Brett Zamir
14 hours ago
I have rarely if ever heard legal professionals refer to breach of contract as "illegal", at least not in ordinary US commercial law. What is the law that you see being broken?
– Hasse1987
14 hours ago
3
@Hasse1987 Contract law - the one that obliges you to fulfill your contracts.
– Dale M
13 hours ago
@DaleM A common view is it doesn't oblige you, it allows you to choose between fulfilling it and paying some money. You can try to analogize this to the criminal law, but I don't believe that agrees with common usage. Are you arguing from a dictionary definition? If so you should state so in your answer.
– Hasse1987
11 hours ago
1
@Hasse1987 that might be a common view in a figurative sense but a contract is literally a declaration of obligations of the respective parties. It seems very strange to argue that the language of legal obligation is categorically inappropriate where a party voluntarily takes on a new legal obligation and discloses his undertaking to be bound by this obligation.
– Will
3 hours ago
|
show 1 more comment
Thank you for the answer. Re: illegal and unlawful, it may be helpful to point out that, (yes, as with other synonyms), there may be slight differences. See english.stackexchange.com/questions/14436/… including its excerpt from the Oxford English Dictionary. (However, I think we also do use "illegal" for an act that "merely contravenes the rules that apply in a particular context" such as "an illegal serve".)
– Brett Zamir
14 hours ago
I have rarely if ever heard legal professionals refer to breach of contract as "illegal", at least not in ordinary US commercial law. What is the law that you see being broken?
– Hasse1987
14 hours ago
3
@Hasse1987 Contract law - the one that obliges you to fulfill your contracts.
– Dale M
13 hours ago
@DaleM A common view is it doesn't oblige you, it allows you to choose between fulfilling it and paying some money. You can try to analogize this to the criminal law, but I don't believe that agrees with common usage. Are you arguing from a dictionary definition? If so you should state so in your answer.
– Hasse1987
11 hours ago
1
@Hasse1987 that might be a common view in a figurative sense but a contract is literally a declaration of obligations of the respective parties. It seems very strange to argue that the language of legal obligation is categorically inappropriate where a party voluntarily takes on a new legal obligation and discloses his undertaking to be bound by this obligation.
– Will
3 hours ago
Thank you for the answer. Re: illegal and unlawful, it may be helpful to point out that, (yes, as with other synonyms), there may be slight differences. See english.stackexchange.com/questions/14436/… including its excerpt from the Oxford English Dictionary. (However, I think we also do use "illegal" for an act that "merely contravenes the rules that apply in a particular context" such as "an illegal serve".)
– Brett Zamir
14 hours ago
Thank you for the answer. Re: illegal and unlawful, it may be helpful to point out that, (yes, as with other synonyms), there may be slight differences. See english.stackexchange.com/questions/14436/… including its excerpt from the Oxford English Dictionary. (However, I think we also do use "illegal" for an act that "merely contravenes the rules that apply in a particular context" such as "an illegal serve".)
– Brett Zamir
14 hours ago
I have rarely if ever heard legal professionals refer to breach of contract as "illegal", at least not in ordinary US commercial law. What is the law that you see being broken?
– Hasse1987
14 hours ago
I have rarely if ever heard legal professionals refer to breach of contract as "illegal", at least not in ordinary US commercial law. What is the law that you see being broken?
– Hasse1987
14 hours ago
3
3
@Hasse1987 Contract law - the one that obliges you to fulfill your contracts.
– Dale M
13 hours ago
@Hasse1987 Contract law - the one that obliges you to fulfill your contracts.
– Dale M
13 hours ago
@DaleM A common view is it doesn't oblige you, it allows you to choose between fulfilling it and paying some money. You can try to analogize this to the criminal law, but I don't believe that agrees with common usage. Are you arguing from a dictionary definition? If so you should state so in your answer.
– Hasse1987
11 hours ago
@DaleM A common view is it doesn't oblige you, it allows you to choose between fulfilling it and paying some money. You can try to analogize this to the criminal law, but I don't believe that agrees with common usage. Are you arguing from a dictionary definition? If so you should state so in your answer.
– Hasse1987
11 hours ago
1
1
@Hasse1987 that might be a common view in a figurative sense but a contract is literally a declaration of obligations of the respective parties. It seems very strange to argue that the language of legal obligation is categorically inappropriate where a party voluntarily takes on a new legal obligation and discloses his undertaking to be bound by this obligation.
– Will
3 hours ago
@Hasse1987 that might be a common view in a figurative sense but a contract is literally a declaration of obligations of the respective parties. It seems very strange to argue that the language of legal obligation is categorically inappropriate where a party voluntarily takes on a new legal obligation and discloses his undertaking to be bound by this obligation.
– Will
3 hours ago
|
show 1 more comment
Brett Zamir is a new contributor. Be nice, and check out our Code of Conduct.
Brett Zamir is a new contributor. Be nice, and check out our Code of Conduct.
Brett Zamir is a new contributor. Be nice, and check out our Code of Conduct.
Brett Zamir is a new contributor. Be nice, and check out our Code of Conduct.
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1
As the accurate answers given indicate, the premise of your question is incorrect, although it is a common misconception.
– ohwilleke
17 hours ago
5
Possibly tortious.
– Tim Lymington
16 hours ago
1
@ohwilleke: I was basing this on Google's definition of "contrary to or forbidden by law, especially criminal law." (at google.com/search?client=firefox-b-d&q=define%3Aillegal ) and did note I was speaking of "typically", but if it is regularly used, I stand corrected. I was also thrown by english.stackexchange.com/questions/373704/… and in any case interested in alternatives which were civil only.
– Brett Zamir
14 hours ago
3
@CJDennis Nope. Offensive means contrary to standards of propriety and could be civil, criminal or not illegal but contrary to informal cultural norms.
– ohwilleke
14 hours ago
1
Helpful, @TimLymington, but are there no adjectives which would refer to breaking civil law only (including non-tort civil law), such as an alternative for "illegal immigrant" which avoided the ambiguity of suggesting a violation of criminal law?
– Brett Zamir
13 hours ago