Legal Definitions - amerce

To amerce means to impose a financial penalty or punishment where the exact amount or nature of the penalty is not fixed by a specific law or rule but is determined by the discretion of the court or authority. It implies a judgment of wrongdoing that warrants a flexible, rather than a pre-set, consequence.

• Example 1: Regulatory Body Discretion

  A local environmental agency discovers a small manufacturing company has committed a minor, first-time violation of waste disposal regulations. Instead of a fixed statutory fine, the agency has the authority to amerce the business. This means the agency can impose a penalty amount that is determined based on factors like the extent of the environmental impact, the company's cooperation, and its prior record, rather than a pre-set sum dictated by law for that specific infraction. The final penalty is thus a discretionary judgment by the agency.

• Example 2: Judicial Sanctions for Procedural Misconduct

  During a civil lawsuit, one party repeatedly files frivolous motions, causing significant delays and additional costs for the opposing side. The judge, exercising their inherent authority to manage court proceedings, decides to amerce the offending party. This means the judge imposes a financial penalty, the specific amount of which is not dictated by a fixed statute for this type of misconduct but is determined by the judge's discretion, considering the harm caused to the other party and the intent behind the actions. The judge's decision on the penalty amount is not prescribed but is a matter of judgment.