Malum prohibitum
An act which is immoral because it is illegal; not necessarily illegal because it is immoral. See, e.g. United States v. Bajakajian, 524 U.S. 321 (1998).
Definition from Nolo’s Plain-English Law Dictionary
(mal-uhm prohibit-uhm) Latin for "wrong due to being prohibited," referring to acts made illegal by statute to benefit public welfare, not because they are inherently evil and obvious violations of society's standards. Generally, they do not involve immediate injury or damage to others. Examples include violations of regulatory acts, insider trading, and tax avoidance. Compare: malum in se
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:19 pm