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.

See crime

- criminal.

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

@ unlawful act

Act contrary to law, and presupposes that there must be an existing law. A violation of some prohibitory law and includes all willful, actionable violations of civil rights, and is not confined to criminal acts. State v. Hailey, 350 Mo. 300, 165 S.W.2d 422, 427.

See also unconstitutional

@ unlawful assembly

@ assembly, unlawful

At common law, the meeting together of three or more persons, to the disturbance of the public peace, and with the intention of co-operating in the forcible and violent execution of some unlawful private enterprise. If they take steps towards the performance of their purpose, it becomes a rout; and, if they put their design into actual execution, it is a riot. 4 Bl.Comm. 146.

An unlawful assembly is a meeting of three or more persons with a common plan in mind which, if carried out, will result in a riot. In other words, it is such a meeting with intent to

(a) commit a crime by open force, or

(b) execute a common design lawful or unlawful, in an unauthorized manner likely to cause courageous persons to apprehend a breach of the peace. Unlawful assembly is the meeting or coming together of not less than five (5) persons for the purpose of engaging in conduct constituting either disorderly conduct, or a riot, or when in a lawful assembly of not less than five (5) persons, agreeing to engage in such conduct. Kansas Criminal Code, 21-4102.

See also assembly, right of

- riot

+ assembly, unlawful

unlawful assembly

The congregating of people which results in antisocial behavior of the group, e.g. blocking a sidewalk, obstructing traffic, littering streets; but, a law which makes such congregating a crime because people may be annoyed is violative of the right of free assembly. Coates v. City of Cincinnati, 402 U.S. 611, 91 S.Ct. 1686, 29 L.Ed.2d 214.

See also assembly

@ unlawful belligerents

Enemies passing the boundaries of the United States for purpose of destroying war industries and supplies without a uniform or other emblem signifying their belligerent status or discarding that means of identification after entry. Ex parte Quirin, App.D.C., 317 U.S. 1, 63 S.Ct. 2, 15, 87 L.Ed. 3

@ unlawful detainer

The unjustifiable retention of the possession of real property by one whose original entry was lawful and of right, but whose right to the possession has terminated and who refuses to quit, as in the case of a tenant holding over after the termination of the lease and in spite of a demand for possession by the landlord. Brandley v. Lewis, 97 Utah 217, 92 P.2d 338, 339.

Actions of "unlawful detainer" concern only right of possession of realty, and differ from ejectment in that no ultimate question of title or estate can be determined. McCracken v. Wright, 159 Kan. 615, 157 P.2d 814, 817.

See also detainer

- ejectment

- eviction

- forcible detainer

- forcible entry and detainer

- process (summary process)

@ unlawful detainer proceeding

A statutory procedure by which a landlord can legally evict a tenant in default on his or her rent.

See unlawful detainer

@ unlawful entry

An entry upon lands effected peaceably and without force, but which is without color of title and is accomplished by means of fraud or some other willful wrong

@ unlawfully

Illegally; wrongfully.

See criminal

- unlawful

- unlawful act.

This word is frequently used in indictments in the description of the offence; it was formerly necessary when the crime did not exist at common law, and when a statute, in describing an offence which it created, used the word; but was unnecessary whenever the crime existed at common law and was manifestly illegal

@ unlawful picketing

Picketing which is not honest or truthful. Magill Bros. v. Building Service Employees' International Union, 20 Cal.2d 506, 127 P.2d 542, 543.

Picketing which involves false statements or misrepresentations of facts. Wiest v. Dirks, 215 Ind. 568, 20 N.E.2d 969, 971.

Exists when force or violence is used to persuade or prevent workers from continuing their employment. Ex parte Bell, 37 Cal.App.2d 582,100 P.2d 339, 343.

Examples include secondary picketing in violation of 29 U.S.C.A. No. 158(bX4XiiXB); N.L.R.B. v. Omaha Bldg. and Const. Traders Council, 856 F.2d 47 (8th Cir.); recognitional picketing in violation of 29 U.S.C.A. No. 158(bX7XA) and (C); N.L.R.B. v. Local 3, Intern. Broth, of Elec. Wkrs., C.A.2, 861 F.2d 44.

See also secondary boycott

- picketing

@