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Ex post facto law

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17y ago

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What is it called when a law affects events that took place before the law was enacted?

The law is retroactive.


Define Retroactive criminal law making?

In the US - there is no such thing. They are known as "Ex Post Facto" laws and are forbidden by the Constitution.


Is Ex Post Facto used in criminal court cases?

"Ex Post Facto relates to a change in the law (or the penalties for violation of a law) after a crime has been committed. In most cases, criminal law does not take into consideration what is basically a retroactive change in the law in effect at the time a crime was committed."


What is the New York Montgomery Law?

Is the mongometry law retroaCTIVE


What is the law in Indiana for retroactive pay?

I think


What does Retroactive mean and give me a easy understanding sentence for it?

If something is retroactive, that means it is effective as of a past date. The term retroactive is usually used to describe a law or a pay raise. For example: I was notified of my pay raise in February, but it was retroactive to January 1.


What is a non criminal case called?

A non-criminal violation of law is an infraction or a civil violation depending on what the law is. Traffic offenses are infractions; they are treated as criminal violations but are not crimes. Other violations of law only punishable by fines are called civil offenses.


In Common law is there a difference betweencivil law and criminal law?

So-called "common Law" can contain references to things both criminal and civil. See related link below:


What are laws that do not involve criminal matters called?

Civil Law.


Is retroactive law making alway a bad thing?

The argument FOR retroactive laws: Not always, it may have a common benefit for that society. For example to remove Death Penalty from the law, then it can be retroactive and just give life term to persons already sentenced for death. Usually it can be used to correct old law mistakes, or to adapt the law to a modern society. But still, this is a very discussed subject, and moral, ethics, and the bases of the law are questioned here. The argument AGAINST retroactive laws: A cornerstone of any society is the predictable nature of law, which allows persons acting under the law to understand beforehand what costs, consequences, benefits or privileges their behavior may realize. For example, where person purchases a property hoping to benefit from certain zoning decision by the city council, a retroactive law might remove the benefit, costing the property owner financially--and further discouraging others from trusting the stability of law moving forward. Additionally, in criminal cases, political ambition or personal malice may aim to pass retroactive laws based on the passions of the day rather than long-term planning. Such laws might amend punishments for crimes which predate the retroactive law, resulting again in an inability of the public to trust the stability of law. Generally, as seen with the passage of retroactive sex offender laws during the 1990's, the result is a large number of affected persons who simply stop trusting their government and either fail or refuse to comply with the laws--benefiting neither society nor the individual. Often retroactive laws are seen as necessary when lawmakers fail to properly give full consideration to a problem and determine a long-term solution to some social need. Therefore, any system which might allow retroactive laws would absolve lawmakers from any responsibility to fully research, debate and form laws. There is a considerable amount of history which creates the anti-retroactivity principle of the American constitution. In the United States constitution, so-called 'ex post facto' (or after the fact) laws are prohibited. However, this was applied only to criminal laws by the US Supreme Court in the case of Calder v. Bull (1798). In response, many states in the US later added both "ex post facto" and "anti-retroactivity" clauses to their state constitutions. One state, Texas, has both a prohibition against ex post facto (criminal) and retroactive (civil) legislation.


Can a new supreme court ruling be retroactive?

Generally a new law is not retroactive. The US Constitution specifically prohibits that from happening in criminal laws. Often the term "grand fathered" is used to describe a situation where what would be illegal is legal because it existed prior to the law being passed. And laws that benefit people are often set to apply to something that occurred in the past based on a specific date.


What has the author Gerhard Dannecker written?

Gerhard Dannecker has written: 'Das intertemporale Strafrecht' -- subject(s): Criminal act, Criminal liability, Retroactive laws 'Steuerhinterziehung im internationalen Wirtschaftsverkehr' -- subject(s): International business enterprises, Law and legislation, Tax evasion, Taxation