Definition - What does Legality mean?

The legality of an action is the level by which the action conforms to the law of the jurisdiction where the action occurs.

In criminal law, if the conduct in question is said to have no legality, the conduct is most likely a crime. In civil law generally, and contract law specifically, if an agreement has no legality, it most likely cannot be enforced by a court of law.

Justipedia explains Legality

  • When a judge or jury is asked to determine the legality of behavior, they are being asked to decide if the behavior breaks a criminal law and is subject to punishment.
  • When a party to a contract insists upon the legality of the contract, the party is insisting that all the requirements were met to make the contract legally enforceable.
  • When a legislature asserts the legality of the legislation it passed, the legislature is asserting that the legislation is constitutional.
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