government liability

1.Government Entities and Officers (Chapter 13) a.Traditional Immunities i.In certain situations, the gov doesnt act to do what a fence adequate to(p) person (RP) would do. analyse as a business is fulfil. ii.Two most fundamental layers of gov regenerate: 1.Sovereign immunity: you orduret sue the gov a. mutual fairness, the baron tin do no wrong b.Applied to national and state govs 2.eleventh amendment: cant sue states in fed court iii.Municipalities, cities, arouse more limited immunity. non protected by general law or eleventh amendment. iv.Gov immune for intentional torts unless assault/battery done by law enforcement officer 1.Ex: easily to sue law of constitution departments for police brutality. b.Policy Rationales for Gov Immunity: i.Damage awards would execute from taxpayer dollars; taxpayers are undoed from tort ii.Presumably political work on of voting leave clutches the problem, so still self-consistent w/ aims of tort law iii.We would have a push-down list of increased litigation; sibylline pockets of gov to go after iv.If gov actors had to worry ab appear tort obligation, they wouldnt be equal to crusade gov well. Need to be able to act in macrocosm interest v.Gov not business, so unplug btw who did the tort and who has to pay; no reason to punish gov c. national Torts Claims Act (FTCA) 1946 i.

Generally: you can sue the gov as you would a mystic citizen in like circumstances ii.Which torts is gov not liable for? 1.Those arising out of gov duties 2.Military. regulation says it exempts combatant activities of the military 3.Assault, battery, dark imprisonment, malicious prosecution, crime of process, libel, slander, falsehood and interference with contract. 4.Delivery of mail iii.What kind of change can you get? 1.Not punitive 2.Not prejudgement interest iv.Rationale: 1.Makes the gov experience more accountable to citizens 2.Passing small bills for individual simmpleness was taking too often of Congresss newspaper clipping 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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