legality. 1. Strict adherence to law, prescription, or doctrine; the quality of being legal. 2. The principle that a person may not be prosecuted under a criminal law that has not been previously published. — Also termed (in sense 2) principle of legality.
illegality, n. 1. An act that is not authorized by law. 2. The state of not being legally authorized. “A contract made ultra vires is void; but not [strictly speaking] on the ground of illegality. Lord Cairns … takes exception to the use of the term ‘illegality,’ pointing out that it is not the object
illegality of contract 合同的违法性(→illegal contract)
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implied illegality 默示的不合法 虽未明文禁止或许可，但从某一法规可明显推断出的属不合法的行为。
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solemn occasion. In some states, the serious and unusual circumstance in which the supreme court is constitutionally permitted to render advisory opinions to the remaining branches of government, as when the legislature doubts the legality of proposed legislation and a determination must be made to allow the legislature to exercise its functions. • Some factors
Jewell instruction (joo-w[schwa]l).Criminal procedure. A court’s instruction to the jury that the defendant can be found to have the requisite criminal mental state despite being deliberately ignorant of some of the facts surrounding the crime. • If a defendant claims ignorance of some fact essential to the crime, such as not knowing that a particular
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fruit-of-the-poisonous-tree doctrine. Criminal procedure. The rule that evidence derived from an illegal search, arrest, or interrogation is inadmissible because the evidence (the “fruit”) was tainted by the illegality (the “poisonous tree”). • Under this doctrine, for example, a murder weapon is inadmissible if the map showing its location and used to find it was seized
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