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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).
In law, individual capacity is a term of art referring to one's status as a natural person, distinct from any other role. [1]For example, an officer, employee or agent of a corporation, acting "in their individual capacity" is acting as an individual, rather than as an agent of the corporation.
In the United States, qualified immunity is a judicial doctrine that protects government actors from personal liability for violating statutory laws or constitutional rights while acting in their official capacity unless the violated law or right is "clearly established of which a reasonable person would have known". [1]
The appeals court panel ruled on December 1, 2023, that the district trial court was correct in dismissing the broad presidential immunity claims made by Trump, but implied that the former president might argue that he was acting in an official capacity when he addressed the protest crowd. [18]
Although the U.S. president is frequently sued in his governmental capacity, he normally is not sued in his personal capacity as being personally liable. [11] In 1982, the Supreme Court held in Nixon v. Fitzgerald that the president enjoys absolute immunity from civil litigation for official acts undertaken while in office. [11]
[a] Many countries have embodied the immunities in domestic law. [b] States regularly assert that every official acting in an official capacity is immune from prosecution by foreign authorities (for non-international crimes) under the doctrine of ratione materiae.
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In December 2020, the Law Commission issued a report recommending the common law offence of misconduct in public office be abolished, and replaced with two new statutory offences; one of 'corruption in public office' and another of 'breach of duty in public office'. [13] As of 2024, the government has not issued a response to the report. [14]