Also known as: legal rights
Written by attorneys · grounded in primary & secondary sources — see below
An enforceable claim secured by law that another party must perform or refrain from performing a specified act. The claim arises from a recognized and protected interest whose violation constitutes a wrong. Enforcement may occur through judicial remedies or other legal processes when the duty is breached.
Layla Lane, a solo practitioner, represents a client suing a former employer. During discovery she sends a subpoena to a nonparty witness demanding personal medical records unrelated to the case. The witness objects that the request serves no legitimate purpose and invades protected privacy interests. The court quashes the subpoena because the method of obtaining evidence violates the witness's legal rights.
Luna Lang holds the benefit of a recorded covenant requiring all buildings in a trade park to use a specific façade system. She no longer owns land in the park but continues to license the designs. When WarehouseDev LLC begins construction without the required façade, Luna sues to enforce the covenant. The court recognizes her legal right to enforce the servitude even without current ownership of benefited land.
Select any source to read its text and confirm it supports the definition.
President Adams signs and seals a commission appointing William Marbury as a justice of the peace. The Secretary of State refuses to deliver the commission after the new administration takes office. Marbury petitions the Supreme Court for a writ of mandamus. The Court holds that the completed appointment vests legal rights in Marbury that cannot be revoked at the Executive's discretion.
Liam Larson, a shareholder of J. I. Case Co., alleges that misleading proxy statements violated federal securities law. He brings a derivative suit seeking damages for the corporation. The Supreme Court recognizes that the statute creates a legal right in shareholders to sue for violations and authorizes federal courts to fashion appropriate remedies. Larson's claim proceeds because the invasion of this federally secured right supports a private action.
Lucia Lopez, a Pennsylvania resident, sues Erie Railroad in federal court for injuries sustained in Pennsylvania. The railroad argues that federal general common law should determine whether the plaintiff can recover. The Supreme Court holds that in diversity cases the legal rights of the parties are governed by the law of the state where the events occurred. Lopez's claim is therefore measured by Pennsylvania tort rules.
Jane Roe, a Texas resident, challenges a state criminal statute that prohibits abortions except to save the mother's life. She argues the law infringes a fundamental liberty interest protected by the Due Process Clause. The Supreme Court holds that the Constitution creates a legal right to terminate a pregnancy before viability. Roe prevails because the statute unduly burdens that right.
A legal right is an enforceable claim that the law will protect through remedies when violated. A privilege or expectation lacks that enforceable character and may be withdrawn without legal consequence. The distinction turns on whether the interest is recognized and protected by positive law.
Supporting sources
Yes. The holder of the servitude benefit possesses a legal right to enforce it even without owning land that the servitude benefits. The holder of a covenant in gross must still show a legitimate interest in enforcement.
Yes. Once the President signs and seals a commission for an office not removable at will, the appointment vests legal rights in the appointee that the Executive cannot revoke.
Supporting sources
…is of no concern; but when the officer is not removable at the will of the Executive the appointment is not revocable and vests legal rights which cannot be resumed. The discretion of the Executive is to be exercised until appointment is made; once made his power over the office is terminated where by law the officer is not…