The term legal technicality is a casual or

colloquial Colloquialism (also called ''colloquial language'', ''colloquial speech'', ''everyday language'', or ''general parlance'') is the linguistic style used for casual and informal communication. It is the most common form of speech in conversation amo ...

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

term of art Jargon, or technical language, 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 conte ...

in the

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

; it has no exact meaning, nor does it have a legal definition. In public perception, it typically refers to "procedural rules that can dictate the outcome of a case without having anything to do with the merits of that case." 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 Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil procedure, civil, lawsuit, criminal procedure, criminal or admini ...

. 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 proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

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) In some cases, people may regard legal protections such as the

exclusionary rule In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be conside ...

as legal technicalities. In the introduction to ''A Dictionary of Human Rights'', David Robertson states (emphasis in original): In 1928, William W. Brewton wrote that the law is inevitably technical because a relatively small number of laws have to account for a much larger number of possible situations. Since the rules and principles of law are expected to apply to many different cases, they cannot always account for the exact circumstances, which can result in failures of justice in individual cases even when the greatest possible overall justice is being achieved. He said that people mistakenly criticize the technicalities, which are both "necessary and inevitable", when they should focus instead on preventing the original causes of litigation and crime. Brewton wrote that the rules of procedure are complex because there is no simplified approach that would be sufficient. Furthermore, allowing the rules to be broken (such as abrogating a constitutional right) to better fit a single case would mean that the same rules could be broken in other cases:

References

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

See also

References