unlawful

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
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.
@ 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.
+ 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
- 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.
- 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
@

Black's law dictionary. . 1990.

Synonyms:

Look at other dictionaries:

  • unlawful — un·law·ful adj 1: not lawful: not authorized or justified by law 2: acting contrary to or in defiance of the law an unlawful possessor un·law·ful·ly adv un·law·ful·ness n Merriam Webster’s Dictionary of Law …   Law dictionary

  • unlawful — UK US /ʌnˈlɔːfəl/ adjective LAW ► not allowed by law: »unlawful activity/conduct be unlawful for sb/sth to do sth »It is unlawful for any investment adviser to engage in fraudulent or manipulative practices. unlawfully /ʌnˈlɔːfəli/ US  / ˈlɑː /… …   Financial and business terms

  • unlawful — ► ADJECTIVE ▪ not conforming to or permitted by law or rules. DERIVATIVES unlawfully adverb unlawfulness noun. USAGE The adjectives unlawful and illegal can both mean ‘contrary to or forbidden by law’, but unlawful has a broader meaning ‘not… …   English terms dictionary

  • Unlawful — Un*law ful, a. Not lawful; contrary to law. {Un*law ful*ly}, adv. {Un*law ful*ness}, n. [1913 Webster] {Unlawful assembly}. (Law) See under {Assembly}. [1913 Webster] …   The Collaborative International Dictionary of English

  • unlawful — c.1300, from UN (Cf. un ) (1) not + LAWFUL (Cf. lawful). Unlawful assembly is recorded in statutes from late 15c …   Etymology dictionary

  • unlawful — unlawful, illegal, illegitimate, illicit are comparable when they mean contrary to, prohibited by, or not in accordance with law or the law. Otherwise than this negation in character, the words in general carry the same differences in… …   New Dictionary of Synonyms

  • unlawful — [adj] against the law actionable, banned, bootleg*, criminal, flagitious, forbidden, illegal, illegitimate, illicit, improper, iniquitous, lawless, nefarious, outlawed, prohibited, taboo, unauthorized, under the counter*, unlicensed, wrongful;… …   New thesaurus

  • unlawful — [unlô′fəl] adj. 1. against the law; illegal 2. against moral or ethical standards; immoral unlawfully adv. unlawfulness n …   English World dictionary

  • unlawful — adj. unlawful to + inf. (it s unlawful to drive without a license) * * * [ʌn lɔːf(ə)l] unlawful to + inf. (it s unlawful to drive without a license) …   Combinatory dictionary

  • unlawful — un|law|ful [ ʌn lɔfl ] adjective LEGAL something that is unlawful is illegal, especially something that would be considered legal in a different situation: unlawful imprisonment The jury returned a verdict of unlawful killing. ╾ un|law|ful|ly… …   Usage of the words and phrases in modern English

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