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immunity

 (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 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 

diplomatic immunity

:immunity (as from taxes or prosecution) granted to a diplomat

discovery immunity

:immunity 2

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

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 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

For an action to be brought against a state or the federal government, sovereign immunity must be waived by the government.

transactional 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 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 usu. statutory prohibition that excludes specific documents or information from discovery called also discovery immunity

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