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How Can a Law Be Legal?

How Can a Law Be Legal?

Laws in terms of those instituted by governments are meant to provide for structure in terms as to how people are to function within a society. By legal definition, any particular act that violates these instituted and enforced laws or regulations is considered to be illegal. The legal definition of what constitutes something as illegal can prove to vary depending on various factors. The fact is that there will be different types of government and jurisdictions in which the legal requirements will differ.
 
 
 Furthermore, this can also vary within one particular country where the legal system is divided in terms of a federal government, state government, and local and regional governments. For example, in the United States, there different legal requirements in certain aspects when comparing the federal and state government. Furthermore, the legal requirements will also vary from state to state, thus making the legal definition for what is illegal more complex. 
 
 
Therefore, it can be said that the legal definition for the term "illegal" will differ depending on what part of the world is being discussed. The United States can prove to be an effective example in showing how the legal definition of "illegal" can change within one particular country. 
 
 
For example, each state will have its own regulations and laws in regards to the use, ownership, and possession for firearms. In one state, the carry conceal of weapons may be allowed under certain restrictions, though in another, the carry conceal of weapons may be completely prohibited. Such different legal requirements will thus affect the legal definition as to how a particular action can be considered illegal. 

Unlawful Detainer Situation Defined

Unlawful Detainer Situation Defined

Unlawful detainer refers to a situation involving a person occupying or possessing property with out the legal permission to continue doing so. Such a case will usually be related to issues arising between a landlord and a tenant, where the tenant refuses to leave even though the landlord has actionable reason to evict such person. 
Reasons for eviction can include failure to furnish payments for the possession of the property in accordance to signed agreements or contracts, or failure to adhere to other regulations denoted in the lease agreement. Therefore, unlawful detainer refers to the violation of the contract on part of the tenant. 
Unlawful detainer is often times associated with the actual legal action of eviction rather than any process occurring before the law authorities get involved. Therefore, unlawful detainer will not be considered as the landlord simply asking the tenant to leave. 
In order to remove the tenant from the illegal possession of the property, the landlord must do so by legal means, which entails filing for an unlawful detainer with the proper authorities. Furthermore, the landlord can physically remove the tenant from the unlawful possession of the property, for such action can also be considered to be violation of certain laws in most jurisdictions. 
An unlawful detainer can potentially have several outcomes. In many cases, the tenants will leave once a legal unlawful detainer has been filed. In other cases, the tenants will refuse to vacate the premises, which may lead to physical removal by the law enforcement authorities. Also, is not uncommon for the tenant to be allowed to stay upon the contingency of paying any dues owed to the landlord. 

Illegal Search And Seizure: Must Know Facts

 Illegal Search And Seizure: Must Know Facts

An illegal search and seizure is one that occurs without any proper authorization by the legal authorities or those that are conducted outside of the boundaries instituted by government laws or statutes. In the United States, the United States Constitution strictly provides laws prohibiting an illegal search and seizure to take place. This is found in the Fourth Amendment within the Bill of Rights and was implemented due to illegal search and seizure activities from British soldiers during the American Revolution. 
Any particular violation or deviation from the explicit definitions and guidelines for what constitutes a legal search and seizure in accordance to the Constitution is considered to be an illegal search and seizure. Generally speaking, an arrest warrant must sanctioned by the appropriate courts to conduct a search and seizure, which also applies in the case of property as well. For example, if a police officer enters a home without a warrant for the purpose of a search and seizure, this is considered illegal.
Furthermore, an illegal search and seizure that renders evidence of guilt is not admissible in court, regardless how such evidence prove guilt. Any kind of evidence that is obtained through an illegal search and seizure is not recognized in the eyes of the law. The concept of an illegal search and seizure also is extended to searching a room or person that is not defined within the contents of warrant. An example would be if a person has a warrant to search a house, but also searches a garage and finds evidence. This is considered to be an illegal search and seizure for that area was not sanctioned under the warrant.