Unlawful means which of the following?

• A. Criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege.
• B. A civil matter only.
• C. Always lawful.
• D. Only crimes against property.

Answer: (A)

Unlawful means covers the methods used to obtain a result that are illegal or wrongful. It includes both criminal acts and tortious acts, and even actions that would be criminal or tortious but for a defense that does not amount to justification or privilege. In practice, this means using illegal, deceitful, or otherwise improper tactics to interfere with someone’s rights or business is counted as unlawful means, regardless of the ultimate goal. This broad scope explains why the best answer is the one that recognizes both criminal and tortious acts, and also acknowledges that some defenses can affect whether a particular act is considered unlawful (without turning the act into justification or privilege). It isn’t limited to civil matters only, nor to crimes against property, and it isn’t described as always lawful.