Penalty in United States
Penalty Definition
The punishment inflicted by law for an illegal act. The term is used loosely to embrace all the consequences visited by law on those who violate police regulations. 26 Mich. 482. In a narrower sense it is confined to pecuniary penalties. “The terms fine, forfeiture and penalty are often used loosely and even confusedly. But when a discrimination is made, the word ‘penalty’ is found to be generic in its character, including both fine and forfeiture.” 4 Iowa, 300. In its narrowest sense, it includes only pecuniary punishment imposed by statute for such unlawful acts as do not constitute crimes or which are for this purpose regarded in other than their criminal aspect. In Contracts. A clause in an agreement, by which the obligor agrees to pay a certain sum of money if he shall fail to fulfill the contract contained in another clause of the same agreement. A penal obligation differs from an alternative obligation, for this is but one in its essence; while a penalty always Includes two distinct engagements, and when the first is fulfilled the second is void. When a breach has taken place, the obligor has his option to require the fulfillment of the first obligation, or the payment of the penalty, in those cases which cannot be relieved in equity, when the penalty is considered as liquidated damages.
Penalty in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Penalty | Penalty in the World Legal Encyclopedia. |
| Penalty | Penalty in the European Legal Encyclopedia. |
| Penalty | Penalty in the Asian Legal Encyclopedia. |
| Penalty | Penalty in the UK Legal Encyclopedia. |
| Penalty | Penalty in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Penalty
Scan Penalty in the appropriate area of law:
| Link | Description |
|---|---|
| Penalty | Penalty in the Family Law Portal of the American Encyclopedia of Law. |
| Penalty | Penalty in the IP Portal of the American Encyclopedia of Law. |
| Penalty | Penalty in the Commercial Law Portal of the American Encyclopedia of Law. |
| Penalty | Penalty in the Criminal Law Portal of the American Encyclopedia of Law. |
| Penalty | Penalty in the Antritrust Portal of the American Encyclopedia of Law. |
| Penalty | Penalty in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Penalty | Penalty in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Penalty | Penalty in the Tax Law Portal of the American Encyclopedia of Law. |
| Penalty | Penalty in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Penalty | Penalty in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Penalty | Penalty in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Penalty | Penalty in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Penalty in the Dictionaries | Penalty in our legal dictionaries |
| http://lawi.us/penalty | The URI of Penalty (more about URIs) |
| Penalty related entries | Find related entries of Penalty |
Legal Issue for Attorneys
The punishment inflicted by law for an illegal act. The term is used loosely to embrace all the consequences visited by law on those who violate police regulations. 26 Mich. 482. In a narrower sense it is confined to pecuniary penalties. “The terms fine, forfeiture and penalty are often used loosely and even confusedly. But when a discrimination is made, the word ‘penalty’ is found to be generic in its character, including both fine and forfeiture.” 4 Iowa, 300. In its narrowest sense, it includes only pecuniary punishment imposed by statute for such unlawful acts as do not constitute crimes or which are for this purpose regarded in other than their criminal aspect. In Contracts. A clause in an agreement, by which the obligor agrees to pay a certain sum of money if he shall fail to fulfill the contract contained in another clause of the same agreement. A penal obligation differs from an alternative obligation, for this is but one in its essence; while a penalty always Includes two distinct engagements, and when the first is fulfilled the second is void. When a breach has taken place, the obligor has his option to require the fulfillment of the first obligation, or the payment of the penalty, in those cases which cannot be relieved in equity, when the penalty is considered as liquidated damages.
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Notice
This definition of Penalty Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Resources
See Also
Further Reading (Articles)
Confiscatory Penalties Make Life Industry’s Claims That It Encourages Saving Worthless, The Independent on Saturday (South Africa); October 26, 2013
Penalties put Bills on hold ; Rash of preseason flags recalls last season, The Buffalo News (Buffalo, NY); September 7, 2005; Allen Wilson
Penalties to rise for shunning insuranceState to raise penalties for shunning insurance ; State healthcare levy could exceed $900, The Boston Globe (Boston, MA); January 1, 2008; Jeffrey Krasner
Civil Penalties for Illegal Working: How they work and how to protect your business., Mondaq Business Briefing; August 12, 2010; Bashir, Asma
Fundamentally Flawed; Penalties Mainly Are Lack of Focus and Composure, The Washington Times (Washington, DC); November 9, 2012
PENALTIES PROVE INSURMOUNTABLE PACKERS WHISTLED FOR 10 MISCUES.(Sports), The Capital Times; September 4, 2000
Penalty Abatements And The RCA Program: What’s A Taxpayer To Do?, Mondaq Business Briefing; January 11, 2010
Recent penalties in underpayment cases and the lessons for employers., Mondaq Business Briefing; February 7, 2011
Penalty kill unit does job for Maine ; The Black Bears kill off eight penalties and Gustav Nyquist scores twice in a 3-1 win over Providence., Portland Press Herald (Portland, ME); December 5, 2009; RACHEL LENZI By RACHEL LENZI Staff Writer
Penalties Have Hawks Headed in Wrong Direction, Daily Herald (Arlington Heights, IL); October 20, 2005; Sassone, Tim
PENALTY PANDEMIC OFFICIALS HAVE BEEN THROWING AN INCREASING NUMBER OF FLAGS AT THE BRET BIELEMA-LED BADGERS.(SPORTS), The Wisconsin State Journal (Madison, WI); November 4, 2008
Tax penalties harsh, ineffective, says AICPA; Institute and others urge lawmakers to reform civil penalties.(News), Accounting Today; October 5, 2009
IRS Penalty Handbook: information return penalties. (Tax Executive Institute IRS Administrative Affairs Committee and Payroll and Other Taxes Subcommittee), Tax Executive; March 1, 1994
Penalties plague the Skins in disappointing 0-2 start.(Sports), The Virginian-Pilot (Norfolk, VA); September 19, 2006
Penalties a concern for Rodriguez, The Charleston Gazette (Charleston, WV); October 13, 2006; Dave Hickman
Penalty points add up, The Irish Times; March 22, 2011; GAVIN CUMM
ISKEY
PENALTIES CHARGED BY IRS CALLED OUT OF CONTROL, The Buffalo News (Buffalo, NY); March 16, 1998; ROB WELLS – Associated Press
Penalty practice perfect in hindsight ; It is difficult to question the intuition that has served Mick McCarthy so well, but Tom Humphries can’t help wondering what might have been, The Irish Times; June 18, 2002
Penalty Heartbreak? I Know How England Feel, Insists Chelsea Boss, Belfast Telegraph; June 10, 2014; Moore, Glenn
Penalties keep Pack grounded, Telegraph – Herald (Dubuque); September 10, 2008; CHRIS JENKINS AP Sports Writer
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