Legal Definitions - animus

In legal terms, animus is a Latin word referring to a person's state of mind, specifically their intention, motive, or underlying disposition. It can be understood in two primary ways:

• Ill Will or Animosity: This refers to a strong feeling of hostility, prejudice, or antagonism towards another person or, more commonly in legal contexts, towards a specific group of people. When directed at a constitutionally protected group (e.g., based on race, religion, gender, or national origin), it is often called "class-based animus" and can be a critical element in civil rights cases.
  • Example 1 (Class-based animus): A landlord consistently rejects rental applications from families with young children, despite having available units and the families meeting all financial criteria. During a fair housing investigation, emails are discovered where the landlord expressed a strong dislike for "noisy kids" and a belief that families with children cause more damage to property.

    Explanation: The landlord's repeated rejections and the discovered emails demonstrate a clear class-based animus against families with young children, which could be a violation of fair housing laws prohibiting discrimination based on familial status.

  • Example 2 (General ill will): After a contentious business partnership dissolved, one former partner began spreading false and damaging rumors about the other to mutual clients and industry contacts.

    Explanation: The deliberate act of spreading false rumors, especially after a bitter separation, indicates a strong animus or ill will from one partner towards the other, potentially leading to a defamation lawsuit.

• Intention or Purpose: This refers to the specific mental state or purpose behind an action. In this sense, animus is frequently combined with other Latin words to describe a precise legal intention.
  • Example 1 (Animus furandi - intention to steal): A shopper picks up a valuable piece of jewelry from a display, quickly puts it into their pocket, and walks towards the exit without any intention of paying for it.

    Explanation: The act of concealing the jewelry and attempting to leave the store without payment clearly demonstrates animus furandi, which is the specific intention to steal, a necessary element for a theft charge.

  • Example 2 (Animus manendi - intention to remain permanently): A foreign national applies for citizenship, having lived in the country for many years, established a successful business, bought a home, and integrated into the local community, showing no signs of planning to leave.

    Explanation: The individual's long-term actions and commitment to their life in the country demonstrate animus manendi, indicating a clear intention to reside there permanently, which is a key factor in determining legal domicile for citizenship purposes.

  • Example 3 (Animus testandi - testamentary intention): An individual, while of sound mind, drafts a handwritten note stating, "This is my last will. I leave everything to my niece, Sarah," signs it, and has two friends witness their signature, even if the document isn't prepared by a lawyer.

    Explanation: Despite any informalities, the clear language, signature, and witnessing indicate animus testandi, meaning the individual intended this document to serve as their valid last will and testament, expressing their wishes for asset distribution after death.