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Simple English definitions for legal terms

Retroactive

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A quick definition of Retroactive:

Retroactive: When a law or rule is applied to actions that happened in the past. This is generally not allowed because it's not fair to punish someone for breaking a law that didn't exist when they did the thing they're being punished for. However, sometimes it is allowed if it's necessary to correct a mistake or if it's the first time a new rule is being applied. This is because it's important to balance the harm caused by applying the rule retroactively with the harm caused by not applying it at all.

A more thorough explanation:

Definition: Retroactive refers to a law, rule, or decision that holds people responsible for things they did in the past. This means that someone can be punished for something that was legal when they did it, but is now illegal. However, most of the time, retroactive laws are not allowed because they are unfair. The idea is that people should only be punished for breaking laws that existed when they did the thing they are accused of. This is called the "presumption against retroactive application of statutes." It comes from the Fifth Amendment of the U.S. Constitution, which says that people have a right to due process of law. This means that people should be treated fairly by the legal system.

For example, let's say that a person did something that was legal at the time, but later became illegal. If they are charged with breaking the law after it became illegal, they might argue that they should not be punished because they did not know it was illegal when they did it. This is an example of the presumption against retroactive application of statutes.

However, there are some situations where retroactive laws are allowed. For example, if a court or government agency creates a new rule or standard, they might apply it retroactively if they think it is necessary to do so. This is called "retroactive application of statutes." But even in these cases, the court or agency has to be careful to make sure that it is fair to apply the new rule or standard retroactively.

One example of retroactive application of statutes is in tax law. Sometimes, Congress will change the tax laws and make them apply retroactively. This means that people might have to pay more taxes than they thought they would, even for things they did in the past. However, the courts have generally allowed this because they think it is important to make sure that people pay the right amount of taxes.

Another example of retroactive application of statutes is in a court case called SEC v. Chenery II. In this case, the Securities and Exchange Commission (SEC) created a new rule about how companies should behave. The rule was created after a company had already done something that might have violated the rule. The court decided that it was fair to apply the new rule retroactively because it was important to make sure that companies followed the new rule.

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shaquilleoatmeal
12:27
yoo lets dawg what happened, you good?
12:28
breakup
12:28
happens to the best of us
12:28
@UnsuitableMaliciousHedgehog: that’s so fucking sick
rough night and morning with ex :/. we broke up but we live together
shaquilleoatmeal
12:29
damn ;/ it is break up season dawg, i'm sorry you're going through that
12:29
it really is breakup season
shaquilleoatmeal
12:29
i lived with my ex for 3 months after we broke up and it was brutal. If you can move out quicker rather than later
thanks shaq! i just needed some input from people who are looking from the outside in
im gonna pack up my stuff and leave for a few days when i get off work
12:31
sometimes I think about things my ex said and did to me and a year later it still makes me so sad that I ever let myself be treated that way
shaquilleoatmeal
12:32
yee bud clear your head how you need, shit sometimes even just driving with no destination and some sad ass music can get you through this
shaquilleoatmeal
12:32
you grow through what you go through bunny, you know for the next relationship what you deserve
I want to run you guys through a scenario to see what yall think. Go to off topic for the one time lol
12:34
gotchu
hello friends
13:09
Yo
lawguy we're nearly stats twins :D
13:13
I saw that, and I saw you got the Georgetown interview invite yesterday too! Goodluck!
you too haha, i was super surprised to have received one so early not gonna lie
i heard the group interview is really chill and I'm kinda excited to do it
seems cool
13:14
Yeah, 7sage has a page that talks about the questions for each schools interview, GULC's seems unique
13:15
Idk how much of an effect it has on admissions chances but should be cool either way
ive heard the conversion rate for gulc group interview is pretty high even moreso if you have the stats
it's hard to say but i've also heard that the group interview is harder to get than the alumni interview. but who really knows tbh
im p sure they don't interview everyone and getting one this early should be a great sign!
13:16
Yeah I've heard the same ab the group interview
13:17
So maybe I'll see you in D.C. a year from now lmao
initiallaw
13:32
Speaking of stat twins kazuyamishima were exact stat twins lol
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