Legal Definitions - abnormal law

Abnormal law refers to specific legal rules and principles that apply differently to individuals who possess certain legal disabilities or statuses, preventing them from fully exercising all the rights and responsibilities typically afforded to an adult of sound mind. These distinctions are made because the law recognizes that such individuals may lack the full capacity, understanding, or societal standing to be treated identically to others in all legal matters. Historically, this concept also applied to married women (under "coverture"), but that specific application has largely been abolished.

• Minors and Contracts:

  Scenario: A 16-year-old attempts to sign a legally binding contract to purchase a car from a dealership.

  Explanation: Under "abnormal law" related to infancy (being a minor), most contracts entered into by a minor are "voidable" at the minor's discretion. This means the law treats the 16-year-old differently from an adult, recognizing that minors may not have the maturity or experience to fully understand the implications of such significant agreements. An adult signing the same contract would be fully and irrevocably bound by its terms, but the minor has a legal pathway to cancel it, demonstrating a different application of contract law.

• Mental Incapacity and Legal Decisions:

  Scenario: An elderly person suffering from severe Alzheimer's disease needs to make critical decisions about their medical care and financial assets, but they are no longer able to understand the consequences of their choices.

  Explanation: If a court determines this individual lacks the mental capacity to make sound decisions, "abnormal law" dictates that a guardian or conservator may be appointed to make these decisions on their behalf. This is a departure from the standard legal principle that competent adults have the right to self-determination, acknowledging the individual's legal disability due to mental incapacitation. The law applies differently to protect the interests of someone deemed legally incompetent.

• Convicted Felons and Civil Rights:

  Scenario: A person convicted of a felony offense completes their prison sentence and wishes to vote in an upcoming election or purchase a firearm.

  Explanation: In many jurisdictions, "abnormal law" applies to individuals with a criminal record. Depending on the specific laws, a convicted felon may temporarily or permanently lose certain civil rights, such as the right to vote or the right to own a firearm, even after serving their time. This illustrates how the law applies differently to individuals based on their past criminal status, distinguishing them from citizens without such a record who retain these rights.