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Simple English definitions for legal terms

Sovereign immunity

Read a random definition: Motion For Judgment As A Matter Of Law

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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TGM
18:41
not sure if I should email them to say that, or just hold off on sending it and not give an excuse
18:41
I think I just wouldn’t reach out and if they ask for them then say that
Dkk
18:41
@tgm Yeah sounds good, say that if they ask
18:47
hey yall
18:47
im premed idk why im here
18:48
we’re like cool and sexy and fun I get it
18:48
true i love ur user
18:49
thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
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