Unlawful, Unlawfully

UNLAWFUL - That which is contrary to law.

There are two kinds of contracts which are unlawful; those which are void, and those which are not. When the law expressly prohibits the transaction in respect of which the agreement is entered into and declares it to be void, it is absolutely so. But when it is merely prohibited, without being made void, although unlawful, it is not void.

UNLAWFULLY - This word is frequently used in indictments in the description of the offence; it is necessary when the crime did not exist at common law, and when a statute, in describing an offence which it creates, uses the word, but it is unnecessary whenever the crime existed at common law, and is manifestly illegal.
   

This entry contains material from Bouvier's Legal Dictionary, a work published in the 1850's.