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In the United States, qualified immunity is a judicial doctrine created by the Supreme Court that protects government actors for actions taken while acting in their official capacity unless they violate "clearly established" statutory laws or constitutional rights. [1]
Legal capacity is a quality denoting either the legal aptitude of a person to have rights and liabilities (in this sense also called transaction capacity), or altogether the personhood itself in regard to an entity other than a natural person (in this sense also called legal personality).
Presidential immunity is the concept that a sitting president of the United States has both civil and criminal immunity for their official acts. [a] Neither civil nor criminal immunity is explicitly granted in the Constitution or any federal statute. [1] [2] The Supreme Court of the United States found in Nixon v.
Law enforcement officers, except when on duty or acting in an official capacity, have the right to engage in political activity or run for elective office. Law enforcement officers shall, if disciplinary action is expected, be notified of the investigation, the nature of the alleged violation, and be notified of the outcome of the investigation ...
Judicial immunity also extends to non-judges when they act in a judicial or quasi-judicial capacity, such as a court-appointed referee in an equitable distribution case. [22] Determining whether someone is acting in a judicial capacity and thus deserves absolute immunity requires using a functional test; that is, one must determine whether the ...
In law, a person is acting in a position if they are not serving in the position on a permanent basis. This may be the case if the position has not yet been formally created, the person is only occupying the position on an interim basis, the person does not have a mandate, or if the person meant to execute the role is incompetent or incapacitated.
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Judicial immunity is a form of sovereign immunity, which protects judges and others employed by the judiciary from liability resulting from their judicial actions. [1] It is intended to ensure that judges can make decisions free from improper influence exercised on them, contributing to the impartiality of the judiciary and the rule of law. [2]