Jus Ex Injuria Non Oritur: The Principle That Legal Rights Cannot Arise from Wrongdoing

Q: Does this principle apply in civil cases?

Yes, it applies in both civil and criminal contexts.

Q: What should I do if I was injured while committing an unlawful act?

Consult a legal professional to discuss your situation and understand your options.

Definition & Meaning

The phrase "jus ex injuria non oritur" translates to "a right cannot arise from a wrong." This legal principle states that no legal rights or entitlements can be derived from unlawful acts or omissions. In simpler terms, if a situation arises from illegal actions, it cannot be used as a foundation for legal claims or rights. For instance, if someone is injured while committing a burglary, they cannot seek compensation for their injuries due to the illegal nature of their actions.

Table of content

Legal Use & context

This principle is commonly invoked in various areas of law, including civil and criminal law. It serves as a fundamental guideline in tort law, where individuals cannot benefit from their wrongful acts. This principle often influences legal decisions in cases involving personal injury claims, property disputes, and contract law. Users can manage some of these legal situations themselves by utilizing resources like US Legal Forms, which provide templates drafted by experienced attorneys.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A person who breaks into a home and gets injured due to a homeowner's negligence cannot sue the homeowner for damages because their injury resulted from their illegal act.

Example 2: If someone commits fraud to obtain a financial gain, they cannot later claim that the profits from the fraud should be legally recognized as theirs (hypothetical example).

State-by-state differences

Examples of state differences (not exhaustive):

State	Legal Interpretation
California	Strictly applies the principle in tort cases.
New York	Similar application, but may allow exceptions in certain cases.
Texas	Generally follows the principle, with few exceptions.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Definition	Difference
Ex turpi causa	A legal doctrine preventing a claimant from pursuing a cause of action if it arises in connection with their own illegal act.	More specific to claims arising from immoral or illegal conduct.
Illegality	Refers to actions that are against the law.	Illegality is broader and can encompass various legal issues beyond just rights arising from wrongs.

Common misunderstandings

What to do if this term applies to you

If you find yourself in a situation where this principle may apply, consider the following steps:

Assess the legality of your actions and whether they could impact any claims you might have.
Consult legal resources or templates available through US Legal Forms to understand your options.
If your situation is complex, seek advice from a qualified legal professional to navigate your rights and obligations.

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Quick facts

Attribute	Details
Legal Principle	Rights cannot arise from unlawful acts.
Application Areas	Civil law, tort law, criminal law.
Common Misconception	Injuries from illegal acts can lead to compensation.