Legal Definitions - illegitimate

The term "illegitimate" carries several distinct meanings within a legal context, often referring to something that is not recognized as lawful, proper, or correctly derived.

• 1. (Of a child) Born outside of a lawful marriage and not subsequently recognized as legitimate by law.

  Historically, this term referred to a child whose parents were not legally married to each other at the time of the child's birth. While many modern legal systems have abolished distinctions between children born within or outside of marriage, the term reflects a historical legal status.

  • Example 1: Sarah gives birth to a child, but she and the child's father, Mark, have never been legally married to each other.

    Explanation: In jurisdictions where this distinction still holds, the child would historically be considered "illegitimate" because Sarah and Mark were not in a lawful marital union when the child was born.

  • Example 2: A man is legally married to one woman, but has a child with another woman outside of that marriage.

    Explanation: The child born to the man and the woman he is not married to would be considered "illegitimate" in the historical legal sense, as they were not in a lawful marriage with each other.

• 2. Against the law; unlawful.

  This meaning describes actions, agreements, or entities that violate established legal statutes or principles.

  • Example 1: A group of individuals forms an agreement to fix prices for a particular product, which is prohibited by antitrust laws.

    Explanation: This price-fixing agreement would be considered an "illegitimate" contract because it is unlawful and violates competition regulations.

  • Example 2: A business operates a gambling establishment without obtaining the necessary licenses and permits from the state.

    Explanation: The operation of this business is "illegitimate" because it is being conducted in violation of state licensing laws.

• 3. Improper or unauthorized.

  This refers to actions or uses that deviate from what is considered appropriate, authorized, or within established boundaries, even if not strictly illegal in every instance.

  • Example 1: A corporate executive uses company funds to pay for personal vacations and luxury items, which is not permitted under company policy or their employment contract.

    Explanation: The executive's use of company funds for personal expenses is an "illegitimate" use of resources because it is improper and unauthorized by the company.

  • Example 2: During a court proceeding, a lawyer attempts to introduce evidence that was obtained through illegal means, such as an unauthorized wiretap.

    Explanation: The introduction of such evidence would be deemed "illegitimate" because it was acquired improperly and in violation of legal procedures, making it inadmissible.

• 4. Incorrectly inferred or concluded.

  This meaning applies to conclusions or deductions that do not logically follow from the evidence or premises presented.

  • Example 1: A jury concludes that a defendant is guilty solely because they refused to testify, without any other supporting evidence.

    Explanation: This would be an "illegitimate conclusion" because a defendant's refusal to testify cannot, by itself, be used as evidence of guilt; it is an incorrect inference that violates legal principles.

  • Example 2: A legal argument asserts that because two events happened sequentially, the first event must have caused the second, despite no actual causal link being proven.

    Explanation: Drawing a conclusion of causation based solely on sequence without further evidence is an "illegitimate conclusion" because it is an incorrect inference or logical fallacy.