Immunity Flashcards
(12 cards)
Not in constitution, draws from..
English legal traditions
It’s a public policy principle
aimed at…
Protecting judges from personal liabilities for
decisions made in their judicial capacity
Miller v. Seare
Superior courts- universal
Inferior courts- within jurisdiction
Taafee v. Downed
To ensure the free and impartial administration of Justice
Fray v. Blackburn
Even if they act corruptly or maliciously, they cannot be sued
Anderson v. Gorrie
The proper remedy is appeal or judicial review but not a lawsuit against the judge
Sirros v. Moore
Immunity extends to all judges including those in inferior courts as long as they honestly believe they are acting within their jurisdiction.
Fred Egbe v. Adefarasin (facts)
Legal practitioner sued judge for granting prosecutorial consent in bad faith
Fred Egbe v. Adefarasin
High court laws protect judges from being sued
Public policy to protect him from vindictive lawsuits
Remedy is appeal, not personal lawsuits
Denning
Exists to preserve judicial immunity
Limitation
You could be prosecuted criminally if you act corruptly
Don’t act without jurisdiction and still have knowledge…