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Simple English definitions for legal terms

Sovereign immunity

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A quick definition of Sovereign immunity:

Sovereign immunity means that the government cannot be sued without its permission. This comes from the idea that the King could do no wrong in British common law. In the United States, the federal and state governments have sovereign immunity, but not municipalities. However, the government can choose to waive its immunity. For example, the Federal Tort Claims Act waives federal immunity for certain types of claims. There are also rules about when citizens can sue the government or state actors.

A more thorough explanation:

Definition: Sovereign immunity is the principle that the government cannot be sued without its consent.

Overview: Sovereign immunity comes from British common law and means that the King could do no wrong. In the United States, sovereign immunity usually applies to the federal and state governments, but not to municipalities. However, the federal and state governments can choose to waive their sovereign immunity. For example, the Federal Tort Claims Act waives federal immunity for certain types of tort claims.

Examples: If a person is injured during their military service, they cannot sue the federal government because of the Feres Doctrine. Also, federal employees cannot be sued for torts committed during the scope of their employment because of the Westfall Act.

Citizens Suing Their Own State: When a citizen wants to sue a state actor (someone acting on behalf of the state), courts will typically use one of four tests to determine if the actor is subject to liability:

  1. Governmental v proprietary function test: If the actor was performing a proprietary function, then they are subject to liability. If the actor was performing a governmental function, then they are not subject to liability.
  2. Ministerial/operational v. discretionary functions/acts test: If the actor is performing a ministerial/operational action, then there is no immunity. If the actor is performing a discretionary action, then there is immunity.
  3. Planning v implementational: If the actor's planning of policy results in harm, then there is immunity. If the harm happens due to the government's implementation of the plan, then there is not immunity.
  4. Non-justiciable v. justiciable: If the action is justiciable under regular tort principles, then there is no immunity. If the issue is not justiciable under regular tort principles, then there is immunity.

Citizens Suing Other States: In the past, a citizen of one state could sue another state. However, the Eleventh Amendment now prevents this from happening.

Explanation: Sovereign immunity means that the government cannot be sued without its consent. This applies to both federal and state governments, but not to municipalities. However, the government can choose to waive its immunity. There are different tests to determine if a citizen can sue a state actor, and the Eleventh Amendment prevents citizens of one state from suing another state.

South Dakota | Sovereignty

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19:37
google contracted with reddit to train their ai how people talk. lol the 'ai future' is going to be full of search results FED REDDIT POSTS. unplug the internet now! https://www.reuters.com/technology/reddit-ai-content-licensing-deal-with-google-sources-say-2024-02-22/
Google AI is actually pretty cool though. Only when its actually accurate though.
19:40
by pretty cool, do you mean smug pseudo intelect?
Dkk
19:40
THE INTERNET WAS A MISTAKE. END IT NOW.
Dkk
19:40
Google AI kept telling me schools were not binding ED when they were. Really annoyed me.
Dkk
19:41
Yeah, when accurate it is nice.
this election has the potential to push america further into ultranationalist populism
Dkk
19:42
Maybe, didnt happen last time.
19:42
it was hard to not improve it. google search was terrible due to the ads and seo cheaters with buzz words and alt text
Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
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