Monday, February 3, 2014

government liability

1.Government Entities and Officers (Chapter 13) a.Traditional Immunities i.In certain situations, the gov doesnt come to do what a evidence adequate to(p) person (RP) would do. Analyzed as a barter is swear out. ii.Two most fundamental layers of gov right: 1.Sovereign immunity: you orduret sue the gov a. mutual justice, the king can do no wrong b.Applied to national and state govs 2.eleventh amendment: cant sue states in fed court iii.Municipalities, cities, suffer more modified immunity. not protected by common law or 11th amendment. iv.Gov immune for intentional torts unless assault/battery through by law enforcement officer 1.Ex: Easy to sue law of nature departments for police brutality. b.Policy Rationales for Gov Immunity: i.Damage awards would come from taxpayer dollars; taxpayers are undoed from tort ii.Presumably political process of voting leave handle the problem, so still consistent w/ aims of tort law iii.We would have a lot of in creased litigation; deep pockets of gov to go after iv.If gov actors had to worry ab appear tort liability, they wouldnt be up to(p) to run gov well. Need to be able to act in public worry v.Gov not business, so disconnect btw who did the tort and who has to pay; no reason to punish gov c. federal Torts Claims Act (FTCA) 1946 i.Generally: you can sue the gov as you would a private citizen in like circumstances ii.Which torts is gov non liable for? 1.Those arising out of gov duties 2.Military. Statute says it exempts combatant activities of the military 3.Assault, battery, faux imprisonment, malicious prosecution, crime of process, libel, slander, misrepresentation and interference with contract. 4.Delivery of mail iii.What conformation of damages can you get? 1.Not punitive 2.Not prejudgment interest iv.Rationale: 1.Makes the gov experience more accountable to citizens 2.Passing small bills for individual simple mindedness was taking too much of Congresss garb v.Feres exception: no ! gov liability if injury...If you want to get a full essay, order it on our website: OrderCustomPaper.com

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