Term
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Definition
| An exemption from a legally imposed duty, freedom from a duty, or freedom from a penalty. Tort immunities absolutely protect a defendant from tort liability. |
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Term
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Definition
| Right to preferential treatment; exemption from a duty (similar to immunity and used interchangeably) |
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Term
| Sovereign (governmental) Immunity |
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Definition
| The government's freedom from being sued. In many cases the U.S. Government has waived immunity in certain situations by a statute such as the Federal Tort Claims Act. Many state courts have abolished sovereign immunity as an absolute defense to governmental liability. |
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Term
| Liability for Torts Committed by Government Employees |
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Definition
| Lawsuits against such. Government agencies could be liable under respondeat superior. |
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Term
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Definition
| An action performed for the general public good by a governmental agency, or by a private organization closely tied to the government. These functions are state actions. (Fire, police, ambulance services, for example) Persons performing governmental functions are immune from tort liability. |
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Term
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Definition
| Certain business-like activities performed by government bodies that are usually associated with the private sector and are not given immunity from tort liability. For example, a city providing utility services to residents, such as water, electricity -- this more closely resembles a private business. No immunity defense. |
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Term
| Fee Standard in Determining Governmental/Proprietary Distinction |
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Definition
| If a governmental agency assesses a fee for the activity, it is considered proprietary; if not, governmental |
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Term
| Pecuniary Benefit Test in Determining Governmental/Proprietary Distinction |
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Definition
| When the government provides the services for profit, the activity is considered proprietary. If for the public good without economic benefit to the government, it is governmental. |
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Term
| Governmental/Proprietary Distinction Abolished |
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Definition
| In many states, distinction is abolished and no sovereign immunity. |
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Term
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Definition
| Depends on the state. Sovereign immunity abolished. Individual state decides what suits it will or won't allow. In some states, a special court for tort claims against the state. |
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Term
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Definition
| Allows suits in federal courts for most torts committed by persons acting on behalf of the U.S. Allowed for negligent or wrongful acts or omissions of government employees DURING the scope of their employment. Does not apply to conduct that is uniquely governmental (= cannot be performed by a private individual) |
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Term
| Federal Tort Claims Act Exemptions |
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Definition
| Suits not permitted for major kinds of cases. (1) Failure to perform discretionary functions that involve a degree of judgment or choice. (2) Suits by military personnel for injuries sustained while in service. (3) Suits for many intentional torts such as libel, assault, battery, etc. [except if committed by federal law enforcement or investigative officials] (4) Suits for injuries caused by medical malpractice while in the military. (5) Suits by victims of atomic testing. |
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Term
| Immunity for Public Officers |
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Definition
| Certain governmental officials are immune from personal liability for any torts committed while they are performing their public duties. |
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Term
| 1983 Action / Civil Rights Action |
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Definition
| Exception to immunity that permits liability of public officers (other than prosecutors and judges) if the performance of their duties involves intentional or reckless (but not negligent) activities that deprive persons of their civil rights. |
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Term
| Absolute Immunity for Legislators and Judges |
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Definition
| For acts in their official governmental capacities. But not in their administrative capacities. To ensure that legislators and judges can pursue their public duties without the chilling effect of fear of tort liability. |
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Term
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Definition
| Children under the age of 7 |
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Term
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Definition
| A person who is under the age of full legal rights and duties. Under 18 yo |
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Term
| Children of Tender Years: Absolute immunity from intentional torts |
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Definition
| Absolute immunity from intentional torts. Mentally and emotionally incapable of having the proper intent. Lack ability to appreciate the significance of their actions. |
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Term
| Children of Tender Years: Immunity from Negligence |
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Definition
| Not Absolute. Child's age is only one factor to be considered in determining the standard of reasonable care that the reasonable child of tender years would have in the circumstances. |
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Term
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Definition
| Tort immunity for spouses (suing each other) abolished in most states, or abolished for specific kinds of tort actions. |
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Term
| Family (Parent/Child) Immunity |
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Definition
| Suits between parents and children prevented, but in some states family immunity has been abolished. |
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Term
| Employer Immunity (Workers' Compensation) |
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Definition
| A form of insurance that covers employers for claims by employees who are injured or killed as a result of incidents occuring during the course and scope of their employment. Most states have WC statutes, so employers are immune from most employee suits. |
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Term
| Workers' Compensation Benefits |
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Definition
| Varies by state. Benefits could include medical care paid for by the employer. If employee unable to work, he might receive lost wages as disability benefits. Vocational rehabilitation or retraining. Death benefit paid to family. |
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Term
| Workers' Compensation Reporting and Filing Requirements |
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Definition
| Highly regulated to avoid false claims and fraud. Immediate reporting. Strict time limits for filing claims. Workers' compensation hearings, presided over by an administrative law judge. |
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Term
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Definition
| Changes in the tort system that are predictive of the direction that tort actions are headed for the future. New and creative types of tort actions. Many many new torts. Spearheaded by the Plaintiffs' Bar |
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Term
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Definition
| Injury that occurs many years after exposure. |
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Term
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Definition
| The effort to reduce the amount and kind of tort litigation and excessive damage awards. Litigation takes too much time, is becoming more complex, costs too much. Spearheaded by Defense Bar. |
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Term
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Definition
| When doctors order unnecessary x-rays, tests, etc. to avoid medical malpractice claims. |
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Term
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Definition
| The amount of damages a defendant is responsible for should not be reduced by sources (such as insurance) that are available to the plaintiff to cover such damages (Reform issue to eliminate this rule) |
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