adj. referring to a court's decision or a statute enacted by a legislative body
which would result in application to past transactions and legal actions. In criminal
law, statutes which would increase penalties or make criminal activities which had
been previously legal are prohibited by the constitutional ban on ex post facto
laws (Article I, Section 9). Most court decisions which change the elements necessary
to prove a crime or the introduction of evidence such as confessions are usually
made non-retroactive to prevent a flood of petitions of people convicted under prior
rules. Nor can statutes or court decisions take away "vested" property rights or
change contract rights. However, some decisions are so fundamental to justice they
may have a retroactive effect, depending on the balance between stability of the
law and the public good. Retroactive is also called "retrospective. "
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