Q: Using a single example, please define the difference between "legal" and "lawful"

A: In California, the terms "legal" and "lawful" are often used interchangeably, but there is a subtle difference between the two. Let's use the example of a police officer pulling someone over to illustrate the distinction:

1. If a police officer pulls you over and asks to see your ID, this is considered both legal and lawful. It is legal because the law explicitly allows police officers to request identification during a traffic stop. It is also lawful because the officer is acting within the scope of their authority and following the correct procedures.

2. If a police officer pulls you over and orders you to climb on the hood of your car and dance the Tarantella, this would be considered both illegal and unlawful. It is illegal because there is no law that grants police officers the authority to make such a request. It is also unlawful because the officer is acting outside the scope of their authority and not following proper procedures.

3. If a judge later determines that the police officer did not have probable cause to pull you over in the first place, the stop would be considered unlawful, but not necessarily illegal. The officer may have believed they had probable cause at the time, but the court ultimately found that the stop was not justified under the law. However, since the officer was acting in their official capacity and not violating any specific laws, their actions would not be considered illegal.

In summary, "legal" refers to actions that are explicitly permitted or prohibited by law, while "lawful" refers to actions that are consistent with the spirit and intent of the law, as well as the proper exercise of authority. An action can be illegal but lawful if it violates a specific law but is consistent with the officer's authority and proper procedures. Conversely, an action can be unlawful but not illegal if it is not justified under the law but does not violate any specific legal statutes.