Malum Prohibitum

Definition

Latin for 'prohibited wrong'—conduct that's only illegal because a law says so, not because it's inherently evil (like driving on the left side of the road in the U.S.).

Example Usage

Violating the parking ordinance is malum prohibitum; it's only wrong because the city prohibited it, not due to moral turpitude.

Origin

From Latin 'malum prohibitum,' literally 'wrong by prohibition'

Fun Fact

Some jurisdictions don't require proof of intent for malum prohibitum crimes, making them strict liability in nature

Source: Criminal law and legal theory terminology

Related Terms

Beginner

Litigation

The process of resolving disputes by spending more money on lawyers than the dispute was ever worth in the first place. The legal equivalent of burning down your house to kill a spider.

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Beginner

ordinance

A local law passed by a city or county government, typically dealing with things like zoning, noise, or where you can't park. Think of it as legislation's smaller, more specific cousin that only applies within municipal boundaries. Breaking one usually results in fines rather than jail time, unless you really commit to the violation.

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Intermediate

waived

The legal術 of voluntarily giving up a right you probably should have kept, often while signing documents you didn't fully read. It's what happens when you click 'I Agree' without scrolling through the terms and conditions, except with actual legal consequences. Lawyers love this word because it means someone else screwed themselves over without any help.

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Advanced

appurtenance

Legal and formal jargon for 'stuff that comes with the main thing,' most commonly spotted in property deeds and real estate contracts describing everything attached to or associated with land or buildings. Those garage doors, fences, and maybe that weird shed the previous owner built? All appurtenances. The term makes lawyers feel important while describing what normal humans would simply call 'accessories' or 'the things that belong with it.'

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Advanced

Amicus Curiae

Latin for "friend of the court," which is the legal system's way of letting random people butt into a case they were not invited to. Think of it as showing up to someone else's argument at a restaurant and loudly offering your opinion.

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Intermediate

complainant

The official legal term for the person doing the complaining—specifically, the party bringing a civil lawsuit or the alleged victim in a criminal case. This formal designation transforms regular griping into courtroom-appropriate terminology, distinguishing legitimate legal complaints from your uncle's Thanksgiving rants. In criminal cases, they're the victim; in civil cases, they're also called the plaintiff, because legal English loves having three terms for everything.

⚖️ Legal

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