What is a Question of Privilege? A Comprehensive Legal Overview

Q: Who can raise a question of privilege?

Any member of the assembly can raise this motion if they believe their rights are violated.

Q: Can a question of privilege be debated?

Generally, no. Debate is not allowed unless the chair defers to the assembly or if the ruling is appealed.

Definition & Meaning

A question of privilege is a motion used in parliamentary procedure to address urgent issues concerning the rights or privileges of members within a meeting. This motion can be raised when a member believes there has been a violation of their rights or when a negative personal remark has been made. The motion is directed to the chair of the meeting, who can interrupt the current speaker if the matter is deemed urgent. The chair is responsible for resolving the question of privilege, and it typically does not involve debate by the entire assembly unless the chair chooses to defer the decision or if their ruling is appealed by a member.

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Legal Use & context

This term is commonly used in various legal and formal settings, particularly in legislative bodies, boards, and organizations that follow parliamentary procedure. It is relevant in contexts such as:

Corporate meetings
Non-profit organization assemblies
Legislative sessions

Understanding how to properly raise a question of privilege can empower users to protect their rights in formal settings. Users can utilize legal templates from US Legal Forms to draft motions or other documents related to parliamentary procedure.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

(hypothetical example) During a board meeting, a member feels that a comment made by another member is defamatory. The affected member raises a question of privilege to seek an immediate ruling from the chair on whether the comment violates their rights. The chair interrupts the current speaker to address the concern.

Comparison with related terms

Term	Definition	Key Differences
Point of Order	A motion to correct a procedural error.	A point of order addresses a breach of rules, while a question of privilege focuses on member rights.
Motion to Reconsider	A motion to revisit a previously made decision.	Motion to reconsider deals with past decisions, whereas a question of privilege addresses current rights.

Common misunderstandings

What to do if this term applies to you

If you believe your rights or privileges have been violated during a meeting, consider raising a question of privilege. Here are steps you can take:

Prepare your statement clearly outlining the issue.
Address the chair respectfully when raising your concern.
Consult US Legal Forms for templates to assist you in drafting your motion.
If the matter is complex, consider seeking professional legal advice.

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Quick facts

Typical setting: Formal meetings (corporate, legislative, etc.)
Authority: Chair of the meeting
Debate: Generally not allowed unless appealed

Key takeaways

Frequently asked questions

What is a question of privilege?

It is a motion used in meetings to address urgent issues regarding the rights of members.