The term legal technicality is a casual or

colloquial Colloquialism (), also called colloquial language, everyday language or general parlance, is the linguistic style used for casual (informal) communication. It is the most common functional style of speech, the idiom normally employed in conver ...

phrase referring to a technical aspect of law. The phrase is not a

term of art Jargon is the specialized terminology associated with a particular field or area of activity. Jargon is normally employed in a particular communicative context and may not be well understood outside that context. The context is usually a particu ...

in the law; it has no exact meaning, nor does it have a legal definition. It implies 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 it is often simply used to denote any portion of the law that interferes with the outcome desired by the user of the term. 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 Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, ...

, that is, aspects of the law that 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 is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...

s or civil laws.In the U.S., for example, the Supreme Court has used the informal phrase "legal technicality" in its decisions 13 times in the last century. In every case the use of the words refers to merely "technicalities of the law". The three most recent uses are illustrative: *(1) “The function of counsel as a guide through complex legal technicalities long has been recognized by this Court.” (U.S. v. Ash, 1973) *(2) ”Furthermore, during the federal habeas corpus hearing Davis showed his awareness of legal technicalities.”(used in a footnote, Davis v. North Carolina, 1966) *(3) ”If recovery were denied in this case, the railroads, by the simple expedient of doing each other's work, could tie their employees up in legal technicalities..." (Shenker v. Baltimore and Ohio R.Co., 1963)

References

{{DEFAULTSORT:Legal Technicality Informal legal terminology Legal procedure Abuse of the legal system

See also

References