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单词 privilege
释义 priv·i·lege n [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law]
1: a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as
a: an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office; also: the affirmative defense that an action is privileged compare excuse
absolute privilege: a privilege that exempts a person from liability esp. for defamation regardless of intent or motive; specif: a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice
qualified privilege: a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice – called also conditional privilege;
b: an exemption from a requirement to disclose information (as for trial) that is granted because of a relationship or position that demands confidentiality
the attorney-client ~
the doctor-patient ~
the marital ~
the priest-penitent ~ see also confidential communication
deliberative process privilege: a privilege exempting the government from disclosure (as in discovery) of government agency materials containing opinions, recommendations, and other communications that are part of the decision-making process within the agency
executive privilege: a privilege exempting the executive branch of government from disclosing communications if such disclosure would adversely affect the functions and decision-making process of that branch see also united states v. nixon in the important cases section
◇ Executive privilege is based on the separation of powers doctrine. In United States v. Nixon, the Supreme Court held that this privilege is not absolute and that without a claim of a need to protect military, diplomatic, or national security secrets, the need for evidence in a criminal trial will outweigh a general assertion of executive privilege.
informant's privilege: the privilege of the government to withhold the identity of an informant who has provided evidence for a criminal trial – called also informer's privilege;
jour·nal·ist's privilege: reporter's privilege in this entry
privilege against self–incrimination: a privilege under the Fifth Amendment to the U.S. Constitution protecting a person from compulsion to make self-incriminating statements
re·port·er's privilege: a privilege protecting a reporter from compulsion to reveal information acquired in the course of gathering news – called also journalist's privilege;
c: something specially permitted or granted as a matter of discretion that may be limited or taken away
right to...mooring permit is not necessarily created because discretionary state ~ was generously granted in [the] pastNational Law Journal compare right
d in the civil law of Louisiana: a right of a creditor conferred by the nature of a debt to have priority over the debtor's other creditors
2: any of various fundamental or specially sacred rights considered as particularly guaranteed to all persons by a constitution and esp. by the privileges and immunities clause of the U.S. Constitution
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更新时间:2025/5/26 11:07:32