Legal Definitions - rex non potest peccare

Rex non potest peccare is a Latin legal maxim that translates to "the king can do no wrong." This ancient principle from English common law evolved into what is known today as sovereign immunity, or governmental immunity.

In essence, sovereign immunity is a legal doctrine that protects governments and their agencies from being sued in court without their explicit permission or consent. The underlying idea is that the sovereign (originally the king, now the government) is the source of all law and justice, and therefore cannot be subject to the jurisdiction of its own courts without its agreement.

In the United States, this doctrine applies to both the federal government and state governments. This means that individuals or entities generally cannot sue the U.S. government or a state government unless that government has passed a specific law allowing such lawsuits. It's important to note that sovereign immunity typically does not extend to local governments, such as municipalities or counties.

However, federal and state governments often waive their sovereign immunity for certain types of claims. This means they pass laws that specify the conditions under which they can be sued, thereby consenting to legal action in particular circumstances.

Here are some examples illustrating how rex non potest peccare and sovereign immunity apply:

• Example 1: Injury on Federal Property

  Imagine a tourist visiting a national park trips and falls on a boardwalk, sustaining an injury. The tourist believes the National Park Service (a federal agency) was negligent in maintaining the boardwalk. Under the principle of sovereign immunity, the tourist generally cannot sue the National Park Service directly for negligence unless there is a specific federal law that allows such a lawsuit. The government, as the "sovereign," is protected from being sued without its consent.

• Example 2: Contract Dispute with a State Agency

  A construction company enters into a contract with a state's Department of Public Works to build a new bridge. A dispute arises over payment, and the construction company believes the state agency has breached the contract. Due to sovereign immunity, the construction company cannot simply file a lawsuit against the state's Department of Public Works in court. The state, as a sovereign entity, must have a law in place that waives its immunity for contractual disputes before the company can pursue legal action.

• Example 3: Government Employee Negligence (Waiver)

  A U.S. Postal Service mail carrier, while driving a government vehicle during their delivery route, negligently causes a car accident, injuring another driver. In this scenario, the injured driver *can* sue the U.S. government. This is because the federal government has enacted specific legislation, such as the Federal Tort Claims Act, which *waives* its sovereign immunity for certain torts (civil wrongs) committed by its employees acting within the scope of their employment. This act represents the government's consent to be sued under these particular circumstances, demonstrating a waiver of the general principle of rex non potest peccare.