Legal Definitions - actus

Actus is a Latin term that, in legal contexts, generally refers to an act, an action, or something that has been done. It emphasizes the physical, observable component of an event or offense, often contrasted with the mental state or intention behind it.

• Criminal Law Context: Imagine a person who physically picks up a valuable watch from a jewelry store counter and walks out without paying.

  In this scenario, the physical actions of picking up the watch and leaving the store constitute the actus – the observable deed that forms the basis of a potential theft charge. This is distinct from the person's mental state or intention (e.g., whether they intended to steal it or simply forgot to pay).

• Contract Law Context: Consider a situation where two parties shake hands and then one party hands over a signed document agreeing to sell a car for a specific price.

  The physical act of signing the document and handing it over is the actus that demonstrates the party's commitment to the agreement. This tangible action provides objective evidence of their participation in forming the contract.

• Civil Procedure Context: A defendant in a lawsuit files a formal response with the court, denying the allegations made against them.

  The physical act of drafting, signing, and submitting the legal document to the court is the actus – the concrete action taken by the defendant to participate in the legal process and formally state their position in the dispute.