We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Extra Legem Positus: A Comprehensive Guide to Its Legal Meaning
Definition & Meaning
Extra legem positus is a legal term that refers to a person who is considered to be outside the law, often due to a legal status known as civil death. This status typically occurs as a result of being attainted for crimes such as treason or felony, which disqualifies the individual from participating in legal actions, such as serving as a witness or plaintiff. Essentially, a person who is extra legem positus is viewed as legally incapacitated.
Table of content
Legal Use & context
This term is primarily used in criminal law, particularly in cases involving serious crimes like treason or felony. When a person is attainted, they lose their legal rights and are unable to engage in any legal actions. This concept is important in understanding the implications of criminal convictions and the associated loss of legal status. Users may encounter this term when reviewing legal documents or forms related to criminal law, and they can find templates on US Legal Forms to assist in navigating these situations.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
For instance, if an individual is convicted of high treason, they may be declared extra legem positus, meaning they cannot file a lawsuit or testify in court. This legal status effectively renders them unable to participate in the legal system.
(Hypothetical example) A person convicted of felony theft may also be considered extra legem positus, losing their rights to bring any legal action against others.
State-by-state differences
Examples of state differences (not exhaustive):
State
Legal Implications
California
Extra legem positus status may affect civil rights restoration after a felony conviction.
Texas
Individuals may retain some legal rights depending on the nature of the felony.
New York
Automatic disqualification from legal actions occurs upon conviction of certain felonies.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Civil death
The status of a person who has lost all civil rights.
Extra legem positus is a specific instance of civil death due to criminal conviction.
Attainder
The legal consequence of being convicted of a serious crime.
Attainder leads to extra legem positus status, but not all cases of civil death involve attainder.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where you are considered extra legem positus, it is crucial to understand your legal rights and options. You may want to consult with a legal professional to explore the possibility of restoring your rights. Additionally, you can use US Legal Forms to access templates and resources that may help you navigate the legal processes involved.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.