Dictionary Search: "Immunity" - Pakistan Law Portal

Immunity

1. Any exemption from a duty, liability, or service of process; esp., such an exemption granted to a public official. "An immunity is a defense to tort liability which is conferred upon an entire group or class of persons or entities under circumstances where considerations of public policy are thought to require special protection for the person, activity or entity in question at the expense of those injured by its tortious act. Historically, tort litigation against units of government, public officers, and charities, and between spouses, parents and children, has been limited or prohibited on this basis." Edward J. Kionka, Torts in a Nutshell 341 (2d ed. 1992).

absolute immunity

See IMMUNITY (I). absolute interest. See INTEREST (2).

absolute immunity.

A complete exemption from civil liability, usu. afforded to officials while performing particularly important functions, such as a representative enacting legislation and a judge presiding over a lawsuit. Cf. qualified immunity.

charitable immunity

See IMMUNITY (2).

congressional immunity

Either of two special immunities given to members of Congress: (1) the exemption from arrest while attending a session of the body to which the member belongs, excluding an arrest for treason, breach of the peace, or a felony, or (2) the exemption from arrest or questioning for any speech or debate entered into during a legislative session. U.S. Const. art. I, § 6, cl. 1. See SPEECH AND DEBATE CLAUSE.

constitutional immunity

Immunity created by a constitution.

corporate immunity

A corporate officer's immunity from personal liability for a tortious act committed while acting in good faith and within the course of corporate duties.

derivative-use immunity.

See use immunity under IMMUNITY (3).

diplomatic immunity

The general exemption of diplomatic ministers from the operation of local law, the exception being that a minister who is plotting against the security of the nation to which he or she is accredited may be arrested and sent out of the country. ( A minister's family shares in diplomatic immunity to a great, though ill-defined, degree.

discovery immunity

A (usu. statutory) prohibition that excludes certain documents or information from discovery.

discretionary immunity

A qualified immunity for a public official's acts, granted when the act in question required the exercise of judgment in carrying out official duties (such as planning and policy-making). 28 USCA § 2680(a)."Probably no one test will control the decision on discretionary immunity. Although the fact that the government has omitted to act is not in itself a defense, the discretionary immunity is frequently emphasized in nonfeasance cases. On the other hand, where the government's activity is affirmative, specific, and in violation of a statute, regulation, or constitutional provision imposing a duty upon government, courts are often willing to say there is no room for discretion." Prosser and Keeton on the Law of Torts § 131, at 1041-42 (W. Page Keeton ed., 5th ad. 1984).

executive immunity

1. The absolute immunity of the U.S. President or a state governor from civil damages for actions that are within the scope of official responsibilities. 2. The qualified immunity from civil claims against lesser executive officials, who are liable only if their conduct violates clearly established constitutional or statutory rights. ( Executive immunity generally protects an official while carrying out clearly established responsibilities about which a reasonable person would know. Cf. executive privilege under PRIVILEGE (1).

foreign immunity

See IMMUNITY

government immunity

See sovereign immunity.

governmental immunity.

See sovereign immunity under IMMUNITY (1).

husband-wife immunity.

The immunity of one spouse from a tort action by the other spouse for personal injury.( This immunity has been abolished in most states. - Also termed interspousal immunity; marital immunity.

informal immunity.

See pocket immunity under IMMUNITY (3).

intergovernmental immunity

The immunity between the federal and state governments based on their independent sovereignty. See INTERGOVERNMENTAL-IMMUNITY DOCTRINE.

intergovernmental-immunity doctrine

Constitutional law. The principle that both the federal government and the states are independent sovereigns, and that neither sovereign may intrude on the other in certain political spheres. Cf, PREEMPTION.

interspousal immunity

See husband-wife immunity under IMMUNITY (2).

judgmental immunity

See ERROR-OF-JUDGMENT RULE.

judicial immunity

The immunity of a judge from civil liability arising from the performance of judicial duties.

legislative immunity

The immunity of a legislator from civil liability arising from the performance of legislative duties. See congressional immunity.

marital immunity

See husband-wife immunity.

parent-child immunity

See parental immunity under IMMUNITY (2).

parental immunity

1. The principle that an unemancipated minor child is prohibited from suing a parent for damages allegedly caused by parental negligence. ( This immunity has been retained by most states but is not applied in intentional-tort cases or in auto-accident cases covered by insurance. -Also termed parent-child immunity. 2. The principle that parents are not liable for damages caused by the ordinary negligence of their minor child. 3. Criminal law. Freedom from prosecution granted by the government in exchange for the person's testimony. ( By granting immunity, the government can compel testimony - despite the Fifth Amendment right against selfincrimination - because that testimony can no longer incriminate the witness.

pocket immunity

Immunity that results from the prosecutor's decision not to prosecute, instead of from a formal grant of immunity. - Also termed informal immunity.

qualified immunity

Immunity from civil liability for a public official who is performing a discretionary function, as long as the conduct does not violate clearly established constitutional or statutory rights. - Also termed prima facie privilege. Cf. absolute immunity.

qualified immunity.

See IMMUNITY (i),

restrictive principle of sovereign immunity

The doctrine by which a foreign nation's immunity does not apply to claims arising from the nation's private or commercial acts, but protects the nation only from claims arising from its public functions. See COMMERCIAL-ACTIVITY EXCEPTION; JURE GESTIONIS; JURE IMPERIL

sovereign immunity

1. A government's immunity from being sued in its own courts without its consent. ( Congress has waived most of the federal government's sovereign immunity. See FEDERAL TORT CLAIMS ACT. 2. A state's immunity from being sued in federal court by the state's own citizens. - Also termed governmental immunity. work product immunity. See WORK-PRODUCT RULE. 2. Torts. A doctrine providing a complete defense to a tort action. ( Unlike a privilege, immunity does not negate the tort, and it must be raised affirmatively or it will be waived. Cf. PRIVILEGE (2).

testimonial immunity

Immunity from the use of the compelled testimony against the witness. ( Any information derived from that testimony, however, is generally admissible against the witness.

transactional immunity

Immunity from prosecution for any event or transaction described in the compelled testimony. ( This is the broadest form of immunity.

use immunity

Immunity from the use of the compelled testimony (or any information derived from that testimony) in a future prosecution against the witness. 0 After granting use immunity, the government can still prosecute if it shows that its evidence comes from a legitimate independent source. - Also termed uselderiuatiue-use immunity

use/derivative-use immunity