Ch 9. Immunity from Liability

Question 1

“The king can do no wrong” principle that gave the government complete immunity from liability for actions in tort. (232)

Answer 1

Sovereign immunity

Question 2

These laws were created to provide a mechanism for recourse in the event someone is injured by a governmental activity. (232 & 234)

Answer 2

Tort claims acts

Question 3

3 functions served by tort claims acts: (232)

Answer 3

1) in states that have not formally abolished sovereign immunity, tort claims acts establish that government can be held liable
2) tort claims acts establish the procedure by which an injured party can file a damage claim against a governmental entity
3) tort claims acts reserve some limited exceptions in which governmental immunity protection remains

Question 4

Acts of a policymaking nature that go to the heart of our democratic form of government. Fundamental matters of public policymaking in which the exercise of discretion by elected and appointed officials should rightfully be protected from being second-guessed haphazardly through the court system. (238)

Answer 4

Discretionary acts

Question 5

Acts that carry out established policy and are not entitled to immunity protection. (238)

Answer 5

Functionary acts, or ministerial acts

Question 6

Virtually every act by a governmental official involves some level of ___. (239)

Answer 6

discretion

Question 7

Governments acting in a truly ____ function are entitled to immunity protection, while governments acting in a ___ function are not. (243)

Answer 7

governmental; proprietary

Question 8

If the service is one that generally only the government provides (__4__), immunity protection is available and would be termed a governmental function. (243-244)

Answer 8

1) police
2) fire
3) highways
4) public health

Question 9

If the government is engaged in an activity that private businesses also provide, such as running __5__, it will be subject to liability just as a private sector entity would. These would be proprietary functions. (244)

Answer 9

1) hospitals
2) golf courses
3) swimming pools
4) parking garages
5) utilities

Question 10

___ provide immunity protection for anyone who voluntarily renders aid to another. (247)

Answer 10

Good samaritan laws

Question 11

The ___ of an immunity statute is critical for determining the scope of protection provided. (247)

Answer 11

wording

Question 12

Congress passed the ___ to protect people who volunteer their time to work for a state or municipal government, or who volunteer for a charitable organization. (247)

Answer 12

Volunteer Protection Act

Question 13

Under the Volunteer Protection Act, a volunteer is someone who receives ___. (247)

Answer 13

no compensation other than reasonable reimbursement or allowance for expenses, nor anything else of value in excess of $500 per year

Question 14

Immunity protection is only applicable to acts of ___. Acts that constitute ___, are exempt from most immunity protection. (253)

Answer 14

negligence (protected); gross negligence or recklessness, or that are intentional (not protected)

Question 15

The ___ doctrine holds that when a governmental actor is engaged in a governmental function involving the exercise of discretion, the actor is not subject to liability for breaches of his or her public duty. Rather, liability attaches only if the actor breaches a duty to a particular plaintiff to whom a special duty is owed. (261)

Answer 15

public duty

Question 16

In order for there to be negligence, there must be a ___ that is breached. (261)

Answer 16

legal duty

Question 17

Immunity protection?
Discretionary act
Functionary act
Governmental function
Proprietary function

Answer 17

Discretionary act- YES
Functionary act- NO
Governmental function- YES
Proprietary function- NO

Question 18

The more something looks like a policy decision, the more likely the courts will find ___. (266)

Answer 18

there to be immunity

Question 19

Part of the difficulty in understanding immunity law arises because ___. (267)

Answer 19

the law varies tremendously from state to state, making it difficult to apply cases from one state to another