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Simple English definitions for legal terms
executive immunity
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A quick definition of executive immunity:
Executive immunity is a type of protection given to public officials, like the U.S. President or state governors, from being sued for actions they take while doing their job. This means they can't be held responsible for any harm caused by their official duties. Lesser executive officials also have some protection, but only if they don't violate established rights. This type of immunity is different from other types of immunity, like diplomatic immunity or parental immunity, which protect individuals from being sued for different reasons.
A more thorough explanation:
Definition: Executive immunity refers to the protection granted to public officials from being held liable for their actions while performing official duties. This can be absolute or qualified depending on the level of the official.
Examples:
- Absolute immunity: The U.S. President or a state governor is granted absolute immunity from civil damages for actions that are within the scope of their official responsibilities.
- Qualified immunity: Lesser executive officials are granted qualified immunity from civil claims, meaning they are only liable if their conduct violates clearly established constitutional or statutory rights.
These examples illustrate how executive immunity protects public officials from being held personally responsible for their actions while carrying out their official duties. This protection is granted to ensure that officials can perform their duties without fear of being sued for every decision they make, but it is not absolute and can be challenged if their actions violate established rights.