FINDLAW LEGAL DICTIONARY
immunity
immunity 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 defendant may not take the
stand in his own behalf and then claim from cross-examination "W. R. LaFave and
A. W. Scott, Jr."]
;also
: the affirmative defense of having such an exemption
absolute immunity
: immunity from all personal civil liability without limits or
conditions (as a requirement of good faith) compare
qualified immunity in this
entry
charitable immunity
: immunity from civil liability esp. for negligent torts that
is granted to a charitable or nonprofit organization (as a hospital)
constitutional immunity
: immunity (as from a tax) that is granted or created by a
constitution (as the U.S. Constitution)
corporate immunity
: immunity from personal liability for tortious acts that is
granted to an officer of a corporation who acted in good faith and within the
course of his or her duties see also
business judgment rule
compare pierce
dip·lo·mat·ic immunity
: immunity (as from taxes or prosecution) granted to a diplomat
discovery immunity
: immunity
discretionary immunity
: qualified immunity from civil liability for tortious acts or
omissions that arise from a government employee's discretionary acts performed
as part of the employee's duties see also the Federal Tort Claims Act
in the Important Laws section NOTE: The Federal Tort Claims Act includes an
additional requirement of acting in good faith for the discretionary immunity
granted to the federal government.
executive immunity
: immunity granted to officers of the executive branch of
government from personal liability for tortious acts or omissions done in the
course of carrying out their duties NOTE: While the president's executive
immunity is absolute, the immunity of other federal executive officials is
qualified.
governmental immunity
: discretionary immunity granted to a governmental unit (as an
agency) or its employees
;broadly
: sovereign
immunity in this entry
judicial immunity
: absolute immunity from civil liability that is granted to
judges and other court officers (as prosecutors and grand juries) and
quasi-judicial officials for tortious acts or omissions done within the scope of
their jurisdiction or authority
legislative immunity
: absolute immunity from civil liability that is granted to
legislators for tortious acts or omissions done in the course of legislative
activities see also speech or
debate clause
official immunity
: discretionary immunity from personal liability that is
granted to public officers for tortious acts and omissions compare
governmental immunity in
this entry
qualified immunity
: immunity from civil liability that is conditioned or limited
(as by a requirement of good faith or due care)
;specif
: official immunity from damages for acts that violate
another's civil rights that is granted if it can be shown that the acts do not
violate clearly established statutory or constitutional rights of which a
reasonable person would be aware see also Civil Rights Act in the
Important Laws section
sovereign immunity
: the absolute immunity of a sovereign government (as a state)
from being sued see also Federal Tort Claims Act in the Important Laws
section amendment xi to the
Constitution in the back matter
NOTE: For an action to be brought against a state or the federal government,
sovereign immunity must be waived by the government.
trans·ac·tion·al immunity
[tran-zak-shə-nəl-, -sak-]
: immunity from criminal prosecution granted to a witness for
an offense related to his or her compelled testimony — see also
use immunity in this entry
use immunity
: immunity granted to a witness in a criminal case that
prevents the use of the witness's compelled testimony against that witness in a
criminal prosecution NOTE: Transactional and use immunity are granted to
preserve the constitutional protection against self-incrimination. The states
grant either form of this immunity, while the federal government grants only use
immunity. A witness with use immunity may still be prosecuted, but only based on
evidence not gathered from the protected testimony.
2 : a usually statutory prohibition that
excludes specific documents or information from discovery called also
discovery immunity
Source: Merriam-Webster's Dictionary of Law ©1996. Merriam-Webster, Incorporated. Published under license with Merriam-Webster, Incorporated.
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