New, SOV IMM

Question 1

Does constitution waive sov imm?

Answer 1

No. Allows legis to waive it.

Question 2

768.28 waives exactly what?

Answer 2

1. For torts
2. Loss of property
3. Personal Injury
4. Death.
   Case law later expanded to contracts

Question 3

4 parts of a tort.

Answer 3

Duty, breach, causation, damages.

Question 4

Name the 4 types of torts.

Answer 4

I + he (lui) = unreas strict
———–
Intent on the Law yet Inadvertently Liable.
i/i u/u i/u sl
———–
(1) intentional act/intentional harm
(2) unlawful act/unintentional harm.
(3) Inadvertence, unreas risk of harm.
(4) strict liab.

Question 5

Dfn. Culpable

Answer 5

Blameworthy

Question 6

If acting in scope of work, what can trigger personal liability?

Answer 6

individ sued is not driving a BMW
———–
1. Act in bad faith
2. W/ malicious purpose
3. Exhibiting wanton and willful disregard of human rights, safety or property.

Question 7

State 2 case law imposed aspects of Sov Imm & Ks.

Answer 7

1) Can be sued in K - Davis v. Bayez.
2) K must be written - Ft Lauder v. Israel.

Question 8

Distinguish & state associated claims for:
Legal Malice
v.
Actual Malice
v.
Express Malice

Answer 8

Legal - no justification
|—| malicious prosecution
———–
Actual - reckless, mean
|—| defamation
———–
Express - express
|—| defamation celebrity

Question 9

List the 3 types of constitutional claims vs. LEO.

Answer 9

LIST:
4th = search + seizure ~crash, battery, false arrest
—
14th = life, lib w/ subst due process ~State iied, no crash
—
1983 = indiff to const rts ~train/hire