Legal technicality
Encyclopedia
The term legal technicality is a casual or colloquial phrase referring to a technical aspect of law. The phrase is not a term of art in the law
; it has no exact meaning, nor does it have a legal definition. It implies that that strict adherence to the letter of the law has prevented the spirit of the law from being enforced. However, as a vague term, the definition of a technicality varies from person to person, and often is simply used to denote any portion of the law which interferes with the user of the term's desired outcome.
Some legal technicalities govern legal procedure, enable or restrict access to courts, and/or enable or limit the discretion of a court in handing down judgment. These are aspects of procedural law
. Other legal technicalities deal with aspects of substantive law
, that is, aspects of the law which articulate specific criteria that a court uses to assess a party's compliance with or violation of, for example, one or more criminal law
s or civil laws
.
, Constitutional
guarantees such as those included in the Fourth
and Fifth
amendments to protect an accused from unreasonable search and seizure or from self-incrimination have been referred to as "technicalities" by critics of court decisions based on them, even though they are foundations of the American legal system rather than obscure fine points. A commonly cited example would be attempted prosecution of a crime that was discovered by illegally obtained evidence. Such cases may be dismissed based on lack of evidence as the illegally obtained evidence would not be allowed to be the basis of the prosecution's case (called the "fruit of the poisonous tree
" doctrine). Other procedural "technicalities" arise from common law
as well, for example, the standard procedural defenses of laches
and estoppel
applicable within civil law.
Some examples of technical aspects of legal procedure are:
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
; it has no exact meaning, nor does it have a legal definition. It implies that that strict adherence to the letter of the law has prevented the spirit of the law from being enforced. However, as a vague term, the definition of a technicality varies from person to person, and often is simply used to denote any portion of the law which interferes with the user of the term's desired outcome.
Some legal technicalities govern legal procedure, enable or restrict access to courts, and/or enable or limit the discretion of a court in handing down judgment. These are aspects of procedural law
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process or fundamental justice to all cases that come before...
. Other legal technicalities deal with aspects of substantive law
Substantive law
Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments , civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.Substantive law stands in contrast to procedural...
, that is, aspects of the law which articulate specific criteria that a court uses to assess a party's compliance with or violation of, for example, one or more criminal law
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
s or civil laws
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
.
United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Constitutional
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
guarantees such as those included in the Fourth
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
and Fifth
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
amendments to protect an accused from unreasonable search and seizure or from self-incrimination have been referred to as "technicalities" by critics of court decisions based on them, even though they are foundations of the American legal system rather than obscure fine points. A commonly cited example would be attempted prosecution of a crime that was discovered by illegally obtained evidence. Such cases may be dismissed based on lack of evidence as the illegally obtained evidence would not be allowed to be the basis of the prosecution's case (called the "fruit of the poisonous tree
Fruit of the poisonous tree
Fruit of the poisonous tree is a legal metaphor in the United States used to describe evidence that is obtained illegally. The logic of the terminology is that if the source of the evidence is tainted, then anything gained from it is as well.Such evidence is not generally admissible in court...
" doctrine). Other procedural "technicalities" arise from common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
as well, for example, the standard procedural defenses of laches
Laches (equity)
Laches is an "unreasonable delay pursuing a right or claim...in a way that prejudices the [opposing] party" When asserted in litigation, it is an equitable defense, or doctrine...
and estoppel
Estoppel
Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative...
applicable within civil law.
Some examples of technical aspects of legal procedure are:
- Time constraints, including Statutes of limitationsStatute of limitationsA statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
- Statute of fraudsStatute of fraudsThe statute of frauds refers to the requirement that certain kinds of contracts be memorialized in a signed writing with sufficient content to evidence the contract....
- Various immunities, such as Sovereign immunitySovereign immunitySovereign immunity, or crown immunity, is a legal doctrine by which the sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution....
, Diplomatic immunityDiplomatic immunityDiplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws... - Rules of appellate procedureRules of appellate procedureAppellate procedure is the body of law that sets out the rules and standards that courts follow when adjudicating a request to change an official decision of a trial or administrative court...