The phrase "actus me invite factus non est meus actus" translates to "the act done by me against my will is not my act." This legal maxim emphasizes that actions taken under duress or coercion do not reflect the true intent or voluntary participation of the person involved. In other words, if someone is forced to act against their will, they may not be held responsible for that action.
This principle is often applied in criminal law, particularly in cases involving coercion or duress. It serves as a defense for individuals who commit acts under threats or extreme pressure. Understanding this maxim is crucial for those navigating legal situations where consent and voluntary action are in question. Users can benefit from legal templates provided by US Legal Forms to help manage situations where this principle may apply.
Here are a couple of examples of abatement:
For instance, if a person is threatened with physical harm unless they commit a robbery, they may argue that their actions were not voluntary and thus not their own. This is a hypothetical example.
Examples of state differences (not exhaustive):
| State | Legal Interpretation |
|---|---|
| California | Recognizes duress as a defense in both criminal and civil cases. |
| New York | Similar recognition, but with specific criteria for what constitutes duress. |
| Texas | Allows for duress as a defense, but the burden of proof lies with the defendant. |
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Duress | Coercion that forces someone to act against their will. | Duress is the broader concept under which this maxim falls. |
| Consent | Voluntary agreement to an act. | This maxim negates the validity of consent obtained under duress. |
If you find yourself in a situation where you acted under duress, it is important to gather evidence of the coercion and consult with a legal professional. You may also explore legal forms available through US Legal Forms to assist with your case. If your situation is complex, seeking professional legal advice is highly recommended.
Browse our library of 85,000+ state-specific legal templates.
Duress refers to a situation where someone is forced to act against their will due to threats or coercion.