Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

Retroactive

Read a random definition: requisitionist

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.

Retrial | Return of service

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
LSD+ is ad-free, with DMs, discounts, case briefs & more.