Also known as: prohibit by law · prohibiting by law · illegal · unlawful · forbidden by statute
Written by attorneys · grounded in primary & secondary sources — see below
A condition or course of conduct that a statute, regulation, or common-law rule forbids. The phrase marks conduct outside the bounds of lawful activity and triggers restrictions or invalidity in the surrounding rule.
Patricia Patel disabled a factory safety gate to speed up an embezzlement scheme. When a coworker was pulled into the machinery and killed, the prosecution relied on the fact that Patricia's underlying conduct was prohibited by law to establish the unlawful-act theory of involuntary manslaughter.
Judge Pablo Perez accepted a paid position advising a company under federal investigation. Because that role was prohibited by law, the judicial conduct commission concluded he could not claim the protection of the extrajudicial-activity rule.
Select any source to read its text and confirm it supports the definition.
After leaving government service, Piper Patel agreed to represent a private client adverse to a company about which she held confidential regulatory data. The representation was prohibited by law, so her new firm could proceed only after screening her and providing the required notice.
Pinnacle Holdings refused to finance a home purchase because the buyer was of a particular national origin. The refusal was prohibited by law, exposing the company to liability under the federal fair-housing statute.
Peak Performance created a trust to operate an unlicensed gambling operation. Once state authorities declared the activity prohibited by law, the trust terminated because its purpose had become impossible to achieve.
Pioneer Energy and Pamela Phillips signed an agreement containing an ambiguous exclusivity clause. The court adopted the reading that gave the clause a reasonable, lawful, and effective meaning rather than one that would render part of the contract prohibited by law.
A representation is prohibited by law when a statute or other positive law forbids the lawyer from proceeding even with client consent. Rule 1.7(b)(2) removes such conflicts from the consent option entirely.
Yes. Under Uniform Trust Code § 410(a), a trust ends to the extent its purposes have become unlawful, contrary to public policy, or impossible to achieve.
A judge may engage in extrajudicial activities only when they are not prohibited by law or the Code. Conduct that violates another statute therefore falls outside the permitted category.
Courts prefer an interpretation that gives every term a reasonable, lawful, and effective meaning over one that would leave part of the agreement unlawful or without effect.