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Simple English definitions for legal terms

feres doctrine

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A quick definition of feres doctrine:

The Feres Doctrine is a rule that says members of the military who are injured while on active duty cannot sue the government for damages under the Federal Tort Claims Act. This rule was made by the U.S. Supreme Court in a case called Feres v. United States. The court gave three reasons for this rule: (1) the government cannot be sued like a regular person, (2) the relationship between the government and military is different from other relationships, and (3) military personnel who have already received benefits for their injuries cannot also sue for damages. However, there is now a limited exception to this rule for cases of medical malpractice by Department of Defense health care providers.

A more thorough explanation:

The Feres doctrine is a legal rule that prevents members of the armed forces from suing the federal government for injuries that occur while they are on active duty. This means that if a soldier is hurt or killed while serving, they cannot sue the government for damages under the Federal Tort Claims Act (FTCA).

The Feres doctrine was established by the U.S. Supreme Court in a case called Feres v. United States. The court gave three reasons for the doctrine:

  1. The FTCA requires private liability, which is not present in military service.
  2. The relationship between the government and military personnel is "distinctively federal," and therefore not subject to local tort law.
  3. Military personnel who have already received veterans' benefits for their injuries cannot also sue for damages under the FTCA.

For many years, the Feres doctrine prevented soldiers from seeking compensation for injuries caused by medical malpractice in military hospitals. However, in 2020, the National Defense Authorization Act created an exception to the Feres doctrine for cases of medical malpractice in military medical treatment facilities.

For example, if a soldier is injured during combat and believes that the government was responsible for their injuries, they cannot sue for damages under the FTCA because of the Feres doctrine. However, if the soldier is injured due to medical malpractice in a military hospital, they may be able to sue for damages under the new exception to the Feres doctrine.

ferae naturae | fertile-octogenarian rule

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texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
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