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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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HopefullyInLawSchool
12:28
is BAH like YM?
BulbasaurNoLikeCardio
12:28
Basic Allowed Housing, it is a monthly stipend the GI Bill pays you to go to school full time and help with living.
12:28
The GI bill gives you a monthly housing allowance in addition to paying tuition lol
BulbasaurNoLikeCardio
12:29
and for books, can even request laptops, pens, paper and all that as well.
12:30
I've heard lots of good things about W&L, alumni network, low cost of attendance when factoring in GI Bill, etc. Honestly I'm not sure if i have a fully informed opinion. It is in rural VA...
info-man
12:30
the weather isn't all it's cracked up to be here in miami
info-man
12:30
climate change is making it more unpleasant than it already was
[] starfishies
12:30
yeah my bf recently drove through and was not impressed with the area lol its more rural than I think we're imagining
[] starfishies
12:30
not that that's a deal breaker for me
BulbasaurNoLikeCardio
12:31
I lived in two different parts of Virginia, I loved it for partying and going out but the cost of living was ridiculious
I lived in virginia and it was heinous
HopefullyInLawSchool
12:32
SoCal where its at
[] starfishies
12:32
rent in charlottesville is way crazier than I thought
[] starfishies
12:32
like its genuinely hard to find housing
i lived for 1 year close to W&L actually... miserable experience lol
12:33
I liked living in CA. The only school so far I've got into is UC Law SF...which I've seen mixed opinions about. I'm really hoping to get into UC Davis though.
nice!
12:33
I am SUPER concerned about finding housing. 2x girl dad here
im on LSD bc the library at my law school is way too loud to get any work done. feels bad
HopefullyInLawSchool
12:34
Hoping i get into davis or UCI, ive only gotten into UCSF also
I got into UCD two cycles ago but the scholarship was garbage. RIP
BulbasaurNoLikeCardio
12:34
@FormerLN: Cost of living for my family and the veteran benefits for the state were big points of research for me
HopefullyInLawSchool
12:35
Also if i got into Pepperdine I could commute
i would highly recommend going somewhere with a reasonable COL. Loans + interest can hit 100k+ just for living expense lol
[] starfishies
12:35
On the fence about W&L still but they can always reject me and then I don't have to worry about it!
i picked my school bc i live with family so no loans but i really hope i can find a job in AZ
12:36
no loans sounds amazing
HopefullyInLawSchool
12:36
Kansas is my low cost option if schollys dont pull through
im a 1L now on lunch before next class. if any question lmk!
LSDFan
12:37
I have a question
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