lawful
Defined in 8 dictionaries — Case Law, Cyclopedic (1922), Ballentine's (1916), Bouvier (1914), Black's (1910), Kinney (1893), Anderson (1889), Stimson (1881)
Definitions from Case Law
From 244 U.S. 459 - Paine Lumber Co. v. Neal · 1917Most cited · 146 citing opinions
and prevents them from being considered, merely because organized, to be illegal combinations or conspiracies in restraint of trade.
The Cyclopedic Law Dictionary
Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
Legal; that which is not contrary to law; that which is sanctioned or permitted by law; that which is in accordance with law. 101 111. 215. The terms stance sanctioned or prohibited by the law. The tetrm "legal" is occasionally used with reference to matters of form alone. Thus, an oral agreement to convey land, though void by law, is not properly to be said to be unlawful, because there is no violation of law In making or in performing such an agreement; but It is said to be not legal, or not in lawful form, because the law will not enforce it, for want of that written evidence required in puch cases.
Ballentine's Law Dictionary
James A. Ballentine · 1916
Bouvier's Law Dictionary and Concise Encyclopedia
John Bouvier; revised by Francis Rawle · 1914
Legal. That which is not contrary to law. That which is sanctioned or permitted by law. That which is in accordance with law. The terms “lawful,” “unlawful,” and “illegal” are used with reference to that which is in its substance sanctioned or prohibited by the law. The term “legal” is occasionally used with reference to matter of form alone: thus, an oral agreement to convey land, though void by law, is not properly to be said to be unlawful, because there is no violation of law in making or in performing such an agreement; but it is said to be not legal, or not in lawful form, because the law will not enforce it, for want of that written evidence required in such casea
Black's Law Dictionary
Henry Campbell Black, M.A. · 1910
Legal; warranted or authorized by the law; having the qualifications prescribed by law; not contrary to nor forbidden by the law. The principni 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 invniid 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 ethicni 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.
— Lawful age. Full age; majority; generally the age of twenty-one years, though sometimes eighteen as to a female. See McKim v. Handy, 4 Md. Ch. 237.
— Lawful authorities. The expression "lawful authorities," used in our treaty with Spain, refers to persons who exercised the power of making grants by authority of the crown. Mitchel v. U. S., 9 Pet. til, 9 L. Ed. 283.
— Lawful discharge. Such a discharge in insolvency as exonerates the debtor from his debts. Mason v. Haile, 12 Wheat. 370, 6 L. Ed. 660.
— Lawful entry. An entry on real estate, by one out of, possession, under claim or color of right and without force or fraud. See Stouffer v. Harlan, 68 Kan. 135, 74 Pac. 613, 64 In R. A. 320, 104 Am. St. Rep.. 396.
— Lawful goods. Whatever is not prohibited to be exported by the positive Law of the country, even though it be contraband of war; for a neutral has a right to carry such goods at his own risk. Seton v. Low, 1 Johns. Cas. (N. Y.) 1; Skidmore v. Desdoity, 2 Johns. Cas. (N. Y.) 77; Juhel v. Rhinelander, 2 Johns. Cas. (N. Y.) 120.
— Lawful heirs. See , Heir.
— Lawful man. A freeman, unattainted, and capable of bearing oath; a. legali homo.
— Lawful mouey. Money which is a legal tender in payment of debts; e. g., gold and silver coined at the mint.
A Law Dictionary and Glossary
George C. Kinney · 1893
Authorized by law; conformable to law; in accordance with law. Lawful man: a man free and capable of bearing oath. Lawful money of the United States: lawful money of any state or territory.
A Dictionary of Law
William C. Anderson · 1889
In accordance with the law of the land; according to the law; permitted, sanctioned, or justified hy law. Unlawful. Implies that an act is done or not done as the law allows or requii-es.i "Lawful," "unlawful," and "illegal," refer to tiiat which in its substance is sanctioned or prohibited by the law. " Legal " occasionally refers to matter of form alone. Thus, an oral agreement to convey land, thougfi void by law, is not "unlawful:" it is " illegal," because not in lawful form." "Lawful" properly implies a thing conformable to or enjoined by law; " legal," a thing in the form or after the manner of law or binding by law.' See further Legal. A "lawful" writ, warrant, or other process does not imply a process legally sufficient, but is the same as "legal" process or process "of law." A writ or warrant issuing from any court, under color of law, is a "legal" process, however defective.* The insertion of "unlawfully" in an indictment may not dispense with the necessity of speoiflcally alleging the elements of the offense.' But the charge of an offense in the precise words of the statute will dispense with the addition of " unlawfully." " "It shall be lawful" may, or may not, impose an imperative duty.' Other expressions are: lawful age;= lawful and vmlawful assembly, g. v.; lawful and unlawful condition or covenant, qq. v.; lawful deed, g. v.; lawful discharge;' lawful goods;'" lawful issue;" lawful juror; >" lawful money,'' q. v.; lawful trade; '* lawful authorities.'^ Ciompare Juridical; Legitimate; Illicit; Valid; Voro.
Glossary of Technical Terms, Phrases, and Maxims of the Common Law
Frederic Jesup Stimson · 1881
Legal, having Lawful man: a man tainted.