BookwormBroker
16:10
Warning
Info
Warning
Info
LSDefine
Simple English definitions for legal terms
ex post facto law
Read a random definition: enclosure (inclosure)
A quick definition of ex post facto law:
An ex post facto law is a law that is applied retroactively, meaning it affects actions that were legal when they were committed. This type of law is not allowed in criminal cases according to the U.S. Constitution. However, it may be allowed in civil cases. A retroactive law is a legislative act that looks back at the past and affects acts or facts that existed before the law came into effect. It is only unconstitutional if it impairs the obligation of contracts, divests vested rights, or is constitutionally forbidden.
A more thorough explanation:
An ex post facto law is a law that retroactively applies to an action that was legal when it was committed, especially if it negatively affects a person's rights. For example, if a law is passed today that makes it illegal to drive a red car, and someone who drove a red car yesterday is punished for it, that would be an ex post facto law.
Ex post facto criminal laws are prohibited by the U.S. Constitution, but retrospective civil laws may be allowed. A retrospective law is a legislative act that looks backward or contemplates the past, affecting acts or facts that existed before the act came into effect. A retroactive law is not unconstitutional unless it (1) is in the nature of an ex post facto law or a bill of attainder, (2) impairs the obligation of contracts, (3) divests vested rights, or (4) is constitutionally forbidden.
For example, if a law is passed that changes the tax rate for the previous year, that would be a retrospective law, but it would not be an ex post facto law because it does not criminalize an action that was legal when it was committed.