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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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10:43
I got 2 weeks left of this shit and I have 0 motivation
10:55
@RasheedWallaceFan: yeah for some reason SMU isnt listed on any of the rankings lists. Been that way all year
@NemoPropheta: you only got another 40+ years of it!
@PremiumFrequentCrane Is right.
You'll forever have those days where shit ain't getting done. Just a matter of how you handle them. (IE using Chatgpt to draft a motion for leave like meeeee)
NosyBeagle
13:52
look at my lawyer dawg... im going to jail
Nah, I don't use it to do my case law. Just the actual motion drafting.
For example, I was trying to get the right language in a Motion for Sanctions (tl;dr slip and fall case, defense counsel played nothing but games – IE never sending records despite it being mandatory to trcp, producing never before seen records DURING A DEPO) and just talked to ChatGPT about his behavior to provide background to help with the drafting for the procedural paragraph.
@NosyBeagle: just makes me think of vanillamace
@TiredOfThisGrandpa: I dont have LSD+ so cant dm but will def hit you up when I have them done! Also is ur username a reference to holes? lol
Can i get accommodations for mid test 2 hour nap
I mean, i have sadhd
15:34
you could get accommodations for the schizoaffective disorder you clearly have
NosyBeagle
15:53
a two hour nap in between sections would be great for me
ronniedoeslaw
15:58
LSAT isn’t horrible you just have to lock in really hard for 2 hours and expect to be exhausted the rest of the day mentally
16:30
ugh i hit this lady w my car
16:31
well i hit her car and the cops said there's no damage but she says there is should i call my insurance what u think lawyers
real quick question. How much do early applications matter? I have super strong softs and an ok LSAT score of 160. GPA wasn't great at 3.33. I applied in late march and I have been rejected everywhere so far
16:58
late march is way too late
16:58
early doesn’t matter but before thanksgiving matters
ronniedoeslaw
16:59
Have you used the LSAC search for schools link? It helps a lot letting you know the probability of acceptance.
I mean early early might be overblown but dont apply if you are applying in march
does anyone know how many questions they typically ask for the UT recorded interview
20:21
has anyone been accepted off of the waitlist for New England yet?
ronniedoeslaw
20:36
No yet for me, I was waitlisted on Monday
ronniedoeslaw
20:36
Not *
[deleted by esoterica]
don't be a dick bro
ronniedoeslaw
14:19
Foreal
ronniedoeslaw
14:20
The name says it all lol
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