Animus
Literal meaning: “Mind, intention, or spirit”
What does the Latin term "Animus" mean in law?
Animus refers to the mental state, intention, or purpose behind an act. In legal usage, it appears in numerous compound phrases that specify the nature of the intent: animus possidendi (intent to possess), animus contrahendi (intent to contract), animus testandi (intent to make a will), and animus revertendi (intent to return). In constitutional law, animus may refer to discriminatory purpose or hostility toward a particular group, as when courts inquire whether legislation was motivated by animus against a protected class. The concept is foundational to distinguishing lawful from unlawful conduct across multiple areas of law.
Source: General · Legal Latin
Legal Definition
Animus refers to the mental state, intention, or purpose behind an act. In legal usage, it appears in numerous compound phrases that specify the nature of the intent: animus possidendi (intent to possess), animus contrahendi (intent to contract), animus testandi (intent to make a will), and animus revertendi (intent to return). In constitutional law, animus may refer to discriminatory purpose or hostility toward a particular group, as when courts inquire whether legislation was motivated by animus against a protected class. The concept is foundational to distinguishing lawful from unlawful conduct across multiple areas of law.
How It's Used
Courts examine animus in property disputes to determine whether physical control of land was accompanied by the requisite intent to possess, a key element of adverse possession. In equal protection analysis, evidence of governmental animus toward a group can establish that a facially neutral law was enacted with unconstitutional discriminatory purpose.
Example Sentences
The adverse possession claim failed because the claimant could not demonstrate animus possidendi, as she had always acknowledged the true owner's title.
The Supreme Court struck down the statute, finding it was motivated by animus toward a particular religious group rather than any legitimate governmental interest.
To establish domicile, the law requires both physical presence and animus manendi, the intent to remain indefinitely.