Legal Definitions - legality

Legality refers to the quality or state of being in accordance with the law. It means that an action, agreement, or situation is permissible and conforms to established legal rules, regulations, or principles. For something to have legality, it must not be forbidden by law and must comply with all applicable statutes and judicial precedents. In contract law, for instance, a contract's purpose must possess legality for it to be considered valid and enforceable; it cannot involve activities that are prohibited by law.

• Example 1 (Contract Law): Imagine two individuals sign an agreement where one promises to pay the other a large sum of money to vandalize a public monument.

  Explanation: This agreement lacks legality because its purpose involves a criminal act (vandalism). Even if both parties agree, a court would not enforce such a contract because its objective is illegal.

• Example 2 (Business Operations): A restaurant owner decides to expand their outdoor seating area onto the public sidewalk without obtaining the necessary permits from the city planning department.

  Explanation: The expansion of the seating area, in this case, lacks legality. While expanding a business is generally permissible, doing so without adhering to local zoning laws and permit requirements means the action does not conform to established legal procedures and regulations.

• Example 3 (Governmental Action): A state legislature passes a new law that prohibits individuals from criticizing elected officials, imposing fines and jail time for such speech.

  Explanation: The legality of this new law would immediately be challenged. It would likely be found to lack legality because it violates fundamental constitutional rights, specifically the First Amendment's protection of free speech, which is a higher legal principle that all state laws must adhere to.