Written by attorneys · grounded in primary & secondary sources — see below
A lawful act performed in accordance with legal authority that carries legal effect when executed under that authority.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Dictionaries
How it applies
Common Examples
5
Agent Executes Lawful Property Transfer
Amelia Amari holds a power of attorney for her elderly uncle. She sells his vacant lot to a developer after obtaining all required permits and recording the deed. The transaction qualifies as an actus legitimus because it is a lawful act performed within the scope of her authority over the subject property.
Manufacturer Complies With Disclosure Rule
Apollo Energy ships vehicles with repaired paint defects and discloses the repairs on every invoice. The disclosure satisfies state consumer-protection standards. The company's actions constitute an actus legitimus that limits punitive exposure because the conduct is lawful and fully authorized.
BMW of North America, Inc. v. Gore517 U.S. 559, 575, 580-81 (1996)
Speaker Ends Rally On Police Order
Adam Anderson addresses a crowd on a public sidewalk. When officers determine the gathering risks imminent violence, Anderson voluntarily stops speaking and disperses the listeners. His compliance is an actus legitimus that avoids liability for continuing an unlawful assembly.
Feiner v. New York340 U.S. 315 (1951)
Defendant Possesses Medication Under Prescription
Alexandra Armstrong, previously convicted of methamphetamine possession, obtains pseudoephedrine pursuant to a valid physician prescription and keeps the packaging. The possession is an actus legitimus because it occurs under lawful medical authority rather than as a prohibited act.
State v. Miller783 S.E.2d 512 (N.C. Ct. App. 2016)
President Issues Passport Designation
The Secretary of State, acting on presidential instruction, issues a passport listing Jerusalem as part of Israel. The designation is an actus legitimus because it implements the executive's constitutional authority over foreign affairs and recognition.
Zivotofsky v. Kerry576 U.S. 1 (2015)
Common questions
Frequently Asked
3
What distinguishes an actus legitimus from an unlawful act?+
An actus legitimus is one performed under legal authority or with required formalities, producing valid legal consequences. An unlawful act lacks that authority or violates a prohibition, so it carries no protected legal effect.
Supporting sources
Does the term require solemn rituals in modern law?+
The statute focuses on whether the act is lawful and authorized.
Supporting sources
How does the term apply to an agent's authority under a power of attorney?+
The statute expressly authorizes an agent to do any lawful act concerning the subject property. That grant confirms the agent's conduct qualifies as an actus legitimus when it stays within the statutory bounds.
Supporting sources
576 U.S. 1 (2015)Constitutional Law
…to do that even if it wanted to do so"). Rather, Congress accepted the President's recognition determination as a completed, lawful act; and it proceeded to outline the trade and policy provisions that, in its judgment, were appropriate in light of that decision. This history confirms the Court's conclusion in the instant…