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Simple English definitions for legal terms

Sovereign immunity

Read a random definition: bill in perpetuam rei memoriam

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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I have a confession.
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I am not a llama, and I am an adcommie @ The University of American Samoa Law (go LandCrabies)
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I need a law school ranking based on which have reverse weave champion hoodies with the law school logo
I'm really sad it came to this.. but what are some law schools that will accept people with misconduct and irregularity of faking a transcript from lsac
I guess or from doing crimes too for that matter
yo how to delete messages
MrThickRopes
15:24
We walk in da graduation to day
MrThickRopes
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That’s a lie we walk in it yesterday
MrThickRopes
15:26
Or maybe we walk in da graduation tomorrow
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Put dat beat on
MrThickRopes
20:27
I said PUT DA BEAT ON
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mustard on da beat ho
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im a slut for horse butt, #8 makes me feel great, horween makes my whore scream
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catch me with this when I make partner
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Worth it
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MrThickRopes
22:25
Wake up in the morning gotta take a shit hop up in my lambo gotta take a shit headin to da club and i gotta take a shit poppin da champagne but i ruined it with shit
22:27
Woke up in the morning gotta thank god i dunno but today seems kinda odd no barking from the dog no smog mama cooked a breakfast with no hog i got my grub on but didn’t pig out finally got a call from a girl i wanna dig out
MrThickRopes
22:42
Wake up in the morning and i take a shit take off my pants cause they caked in shit go to da club and I’m finna get lit light up the blunt but it’s soaked in shit thrown on da curb because i took a shiiit
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I fear you guys are not nearly locked-in enough
Why $0 at Harvard just to do litigation? Are you actually going to do your original plan post grad? @UncleIroh
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