Legal Definitions - de gratia

The Latin term de gratia translates to "of favor" or "by grace." In a legal context, it refers to an action or concession that is granted out of discretion, kindness, or special permission, rather than being a strict legal right or obligation that someone can demand.

Here are some examples to illustrate this concept:

• Example 1: A Presidential Pardon

  Imagine a situation where a president grants a pardon to an individual who was convicted of a crime. The individual has already gone through the legal process, been found guilty, and served their sentence, or is still serving it. A pardon is not something the individual can legally demand or appeal for based on a right; it is an act of executive clemency, an exercise of the president's discretionary power. This act is considered de gratia because it is granted purely out of favor or grace, not because the individual has a legal entitlement to it.

• Example 2: A Judge Granting an Extension

  Consider a lawsuit where a lawyer misses a deadline to file a crucial document due to unforeseen circumstances. The opposing party objects to any late filing. The judge, after hearing the explanation, decides to allow the lawyer to submit the document a few days late. This decision is often made de gratia. While there might be rules for extensions, allowing it in this specific instance, especially if the deadline was strict, is an act of judicial discretion and favor to ensure a fair hearing, rather than a right the lawyer could enforce.

• Example 3: A Landlord's Goodwill Gesture

  Suppose a tenant needs to move out of their apartment suddenly due to a family emergency in another state, even though their lease agreement has several months remaining. The lease contract clearly states that breaking the lease early incurs a significant penalty. However, the landlord, understanding the tenant's difficult situation, agrees to waive the penalty and allow the tenant to terminate the lease early without financial repercussions, provided the tenant helps find a new renter. This waiver is an act de gratia, as the landlord is not legally obligated by the lease to grant this concession but does so out of goodwill and favor.