qualified immunity
qualified immunity 有限制的豁免权 指如果公职人员的行为并不明显地触犯既定的宪法或其他法定的权利，其进行的自由裁量职责将得以保护并免除其民事赔偿责任，亦称prima facie privilege。 (→immunity)
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Search Results for: qualified immunity
qualified immunity
Immunity from civil liability for a public official who is performing a discretionary function, as long as the conduct does not violate clearly established constitutional or statutory rights. — Also termed prima facie privilege. Cf. absolute immunity. [Cases: Civil Rights 1376; Officers and Public Employees 114. C.J.S. Civil Rights §§ 143–144, 146, 157, 160; Officers
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absolute immunity
A complete exemption from civil liability, usu. afforded to officials while performing particularly important functions, such as a representative enacting legislation and a judge presiding over a lawsuit. Cf. qualified immunity. [Cases: Officers and Public Employees 114. C.J.S. Officers and Public Employees §§ 247–248, 251–258.]
qualified
qualified, adj. 1. Possessing the necessary qualifications; capable or competent (a qualified medical examiner). 2. Limited; restricted (qualified immunity). — qualify, vb.
discretionary immunity
A qualified immunity for a public official’s acts, granted when the act in question required the exercise of judgment in carrying out official duties (such as planning and policy-making).28 USCA § 2680(a). [Cases: Municipal Corporations 728. C.J.S. Municipal Corporations § 665.]
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work product rule
work-product rule. The rule providing for qualified immunity of an attorney’s work product from discovery or other compelled disclosure. Fed. R. Civ. P. 26(b)(3). • The exemption was primarily established to protect an attorney’s litigation strategy. Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947). — Also termed work-product immunity; work-product privilege; work-product exemption;
malice exception
malice exception. A limitation on a public official’s qualified immunity, by which the official can face civil liability for willfully exercising discretion in a way that violates a known or well-established right. See qualified immunity under IMMUNITY(1). [Cases: Civil Rights 1376. C.J.S. Civil Rights §§ 143–144, 146, 157, 160.]
work product rule
The rule providing for qualified immunity of an attorney’s work product from discovery or other compelled disclosure. Fed. R. Civ. P. 26(b)(3). • The exemption was primarily established to protect an attorney’s litigation strategy. Hickman v. Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947). — Also termed work-product immunity; work-product privilege; work-product exemption; attorney-work-product privilege.