Warning
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Warning
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Simple English definitions for legal terms
fair warning
Read a random definition: gestu et fama
A quick definition of fair warning:
Term: Fair Warning
Definition: Fair warning means that when a law is made, it should be clear enough for people to understand what they are not allowed to do. This way, everyone knows what is right and wrong, and nobody can be punished for doing something they didn't know was against the law. It's like when your parents tell you not to touch the hot stove because it will burn you. They are giving you fair warning so that you don't get hurt.
A more thorough explanation:
Definition: Fair warning is a legal requirement that a criminal law must clearly define an offense so that a reasonable person can understand what conduct is prohibited. It also means that a skilled lawyer should be able to predict what conduct falls within the scope of the law.
Example: Let's say there is a law that prohibits "reckless driving." This law is not clear enough because it does not define what "reckless driving" means. A person may not know what actions are considered reckless driving, and a lawyer may not be able to predict what conduct falls within the scope of the law. Therefore, this law does not provide fair warning.
Another example: A law that prohibits "theft" is clear enough because it defines the offense. A reasonable person can understand that taking someone else's property without permission is theft, and a lawyer can predict what conduct falls within the scope of the law. Therefore, this law provides fair warning.
The examples illustrate the definition of fair warning by showing how a law can be too vague or too broad. A law that is too vague does not provide fair warning because people may not know what actions are prohibited. A law that is too broad does not provide fair warning because it may cover too many actions, making it difficult for people to know what conduct is prohibited.