Maxim 1.7.48
That which is lawful is constituted or authorized by law; rightful; conformable to law; allowed by law; legitimate; competent.
Source: Ohio Auto. Spr. Co. v. Fender, 141 N.E. 269, 275; Weisman, 73j
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) "Lawful" means authorized by law, conformable to law, and legitimate — cite this definition to distinguish lawful authority from mere power exercised without legal sanction.
Where this applies
- A police officer claims the authority to search a car without a warrant, and the motorist demands to know whether the search is 'lawful' — meaning authorized by the constitution and statutes, not merely something the officer has the physical power to do.
- A business is shut down by a city inspector, and the owner asks whether the closure order is 'lawful' — conformable to law and authorized by statute — or just an exercise of raw power without legal backing.
- A parent challenges a school board's decision to exclude her child from class, asking whether the exclusion is 'lawful' in the sense of being authorized by a specific legal provision, not just a policy someone made up.
Legal domains
Cite this maxim
NeCede Max. 1.7.48 — That which is lawful is constituted or authorized by law; rightful; conformable to law; allowed by law; legitimate; competent. — Ohio Auto. Spr. Co. v. Fender, 141 N.E. 269, 275; Weisman, 73j
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