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Legal Definitions - emolument

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Definition of emolument

An emolument refers to any form of payment, benefit, or advantage an individual receives because of their employment or their position, particularly when holding a public office. It encompasses not only a direct salary or fee but also any other profit, gain, or perquisite that arises from holding that specific role.

Here are some examples illustrating the concept of an emolument:

  • Corporate Executive Compensation: A CEO of a large corporation receives an annual salary, a substantial performance bonus, company-provided health insurance, and stock options that can be exercised after a certain period.

    Explanation: All these forms of compensation—salary, bonus, health insurance, and stock options—are considered emoluments because they are benefits and profits received directly as a result of their employment in that executive position.

  • Government Official's Travel Perks: A high-ranking government official is invited by a foreign government to attend a conference, with all travel, accommodation, and meal expenses fully covered by the host nation.

    Explanation: The free travel, lodging, and meals are emoluments because they represent a financial advantage or gain received by the official specifically due to their public office, especially when provided by a foreign entity, which can raise constitutional concerns.

  • University Professor's Research Grant: A university professor, in addition to their regular teaching salary, receives a significant research grant from a private foundation that includes a stipend for their personal time spent on the project, along with funding for equipment and travel to academic conferences.

    Explanation: While the main salary is an emolument, the personal stipend from the research grant and the funded travel are also emoluments. These are additional advantages and compensation directly tied to their professional role and the opportunities it provides.

Simple Definition

An emolument refers to any form of compensation, such as a salary, fee, or profit, received for services rendered through employment or holding an office. In a broader legal context, particularly in Constitutional Law, it encompasses any advantage, profit, or gain derived from one's position or public office.

A good lawyer knows the law; a great lawyer knows the judge.

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