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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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13:34
as far as i know, that information is simply for data collection purposes
^
13:34
i don't think it has a detrimental effect on your chances of admission
13:34
but also you don't need to tell them anything so lol
Can y'all help me understand something lol. What does it mean for an app to "go complete"? Is that when the school has reviewed it and made a decision?
13:35
Na, it's when they have all the required information
Gotcha. So what would be the difference between received and completed?
Does complete entail like the app + LORs?
13:35
correct
That makes sense. Thank you!
13:36
complete basically means they've acknowledged receipt and it's ready to go under review whenever they start the deliberative process
Quillinit
13:40
I still haven't had Chicago or Cornell go complete, but I think that's just how they be
13:41
when did you submit
CaringEquableGuppy
13:42
How do you know when an application is complete? Is it on LSAC or the school's portal?
13:43
it'll be on the school-specific portal
Quillinit
13:44
when they opened
Quillinit
13:45
they both say something along the lines of "received and waiting to be processed"
13:48
anyone have good resources for revising a personal statement for reuse after applying with it last cycle?
13:49
Any guesses when Cornell and Penn CRS fee waivers will go out?
13:51
@Quillinit: from my recollection, chicago and cornell collapse complete/UR1 into a single step, so they may simply not be ready to begin reviewing applications
13:52
i think it's fair to assume, barring a handful of schools like UVA, most schools won't begin reviewing applications in earnest until the beginning of next month at the earliest, so it wouldn't be surprising to hear that applications are just sitting in the queue
13:54
@oakenrays: I was just gonna write a new one personally but I think you want to make it recognizably different from your previous PS
13:56
@baddestbunny: definitely agree that some revision and additional information is warranted but, my why law is the same... I guess just tell the same story in a different way
14:03
ugh fineeee I'll write a new stupid essay
14:07
yeah I told my last essay about a formative experience and am trying to update it now to be about what I’ve learned since that experience
recently wrapped up interview
i re-wrote my PS this cycle when I reapplied
fire drill at work
so lit
Quillinit
15:10
oh fun @info-man, Chicago just changed to complete today, so we'll see
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