immunity


immunity
Exemption, as from serving in an office, or performing duties which the law generally requires other citizens to perform; e.g. exemption from paying taxes. Freedom or exemption from penalty, burden, or duty. Special privilege.
See also exemption
- sovereign immunity.
@ governmental tort immunity
The federal, and derivatively, the state and local governments are free from liability for torts committed except in cases in which they have consented by statute to be sued; e.g. Federal Tort Claims Act; state tort claims acts. Most states, either by statute or court decision, have abolished or greatly restricted the doctrine of sovereign immunity at both the state and local levels. The Supreme Court has held that local governments can be sued directly under 42 U.S.C.A. No. 1983 for monetary, declaratory, or injunctive relief where "the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body's officers." Monell v. Department of Social Services of N. Y., 429 U.S. 1071, 97 S.Ct. 807, 50 L.Ed.2d 789.
A state law that immunizes government conduct otherwise subject to suit under 42 U.S.C.A. No. 1983 is preempted. Felder v. Casey, 487 U.S. 131, 108 S.Ct. 2302, 101 L.Ed.2d 123.
See also color of law
- official immunity doctrine
- sovereign immunity
@ immunity from prosecution
By state and federal statutes, a witness may be granted immunity from prosecution for his or her testimony (e.g. before grand jury). States either adopt the "use" or the "transactional" immunity approach. The federal government replaced the later with the former approach in 1970. The distinction between the two is as follows:
"Use immunity" prohibits witness' compelled testimony and its fruits from being used in any manner in connection with criminal prosecution of the witness; on the other hand, "transactional immunity" affords immunity to the witness from prosecution for offense to which his compelled testimony relates. People v. Henson, Colo.App., 705 P.2d 996.
See 18 U.S.C.A. No.No. 6001-6005.
Protection from prosecution must be commensurate with privilege against self incrimination, but it need not be any greater and hence a person is entitled only to protection from prosecution based on the use and derivative use of his testimony; he is not constitutionally entitled to protection from prosecution for everything arising from the illegal transaction which his testimony concerns (transactional immunity). Kastigar v. U. S., 406 U.S. 441, 92 S.Ct. 1653, 32 L.Ed.2d 212
@ interspousal immunity
@ qualified immunity
Affirmative defense which shields public officials performing discretionary functions from civil damages if their conduct does not violate clearly established statutory or constitutional rights of which reasonable person would have known. Lowe v. Letsinger, C.A.Ind., 772 F.2d 308.
@
Property law.
A freedom on the part of one person against having a given legal relation altered by a given act or omission to act on the part of another person. Restatement of Property, No. 4

Black's law dictionary. . 1990.

Synonyms:

Look at other dictionaries:

  • immunity — im·mu·ni·ty /i myü nə tē/ n pl ties [Latin immunitas, from immunis exempt from public service, exempt, from in non + munis (from munia services)] 1: exemption from a duty or liability that is granted by law to a person or class of persons a… …   Law dictionary

  • Immunity — • An exemption from a legal obligation (munus), imposed on a person or his property by law, custom, or the order of a superior Catholic Encyclopedia. Kevin Knight. 2006. Immunity     Immunity …   Catholic encyclopedia

  • Immunity — Immunity: Medicine Immunity (medical), resistance of an organism to infection or disease. Immunity (journal), a scientific journal published by Cell Press Law Amnesty law, immunity from past crimes Charitable immunity, immunity from liability… …   Wikipedia

  • immunity — UK US /ɪˈmjuːnəti/ noun [U] ► LAW official protection from legal action, for example, not being judged in a court or punished for a crime: grant/give sb immunity »Taken before a federal judge, he was granted immunity but ordered to testify or… …   Financial and business terms

  • immunity — immunity, impunity In non medical contexts immunity means ‘freedom or exemption from an obligation, penalty, or unfavourable circumstance’ and like immune can be followed by to or from: • Balder was a son of the most senior god, Odin, and one… …   Modern English usage

  • Immunity — Im*mu ni*ty, n.; pl. {Immunities}. [L. immunitas, fr. immunis free from a public service; pref. im not + munis complaisant, obliging, cf. munus service, duty: cf. F. immunit[ e]. See {Common}, and cf. {Mean}, a.] 1. Freedom or exemption from any… …   The Collaborative International Dictionary of English

  • immunity — immunity. См. иммунитет. (Источник: «Англо русский толковый словарь генетических терминов». Арефьев В.А., Лисовенко Л.А., Москва: Изд во ВНИРО, 1995 г.) …   Молекулярная биология и генетика. Толковый словарь.

  • immunity — (n.) late 14c., exempt from service or obligation, from O.Fr. immunité and directly from L. immunitatem (nom. immunitas) exemption from performing public service or charge, from immunis exempt, free, from assimilated form of in not, opposite of… …   Etymology dictionary

  • immunity — *exemption Antonyms: susceptibility …   New Dictionary of Synonyms

  • immunity — [n] privilege, exemption amnesty, charter, exoneration, franchise, freedom, impunity, indemnity, invulnerability, liberty, license, prerogative, protection, release, resistance, right; concepts 316,376,388 Ant. defenselessness, responsibility,… …   New thesaurus

  • immunity — ► NOUN (pl. immunities) 1) the ability of an organism to resist a particular infection. 2) exemption from an obligation or penalty …   English terms dictionary


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