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Local Government Law > Sovereign Immunity > Flashcards

Sovereign Immunity Flashcards

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1
Q

The Virginia Tort Claims Act, which waives sovereign immunity of the Commonwealth for tort claims within certain dollar and other limits, does not apply to…

A

counties. (no waiver is applicable as to counties)

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2
Q

Counties, being regarded as instrumentalities of the Commonwealth, may be sued for contract liability only…

A

in the manner and under the circumstances authorized by the sovereign.

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3
Q

Under the Virginia Code, no contract action may be maintained against a county upon any claim or demand, until…

A

the claim is presented to the governing body for allowance. If the governing body refuses or neglects to act when given this opportunity to resolve the matter, then a lawsuit may be brought.

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4
Q

If the governing body disallows the claim, the claimant may appeal to the…

A

circuit court.

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5
Q

Within __ ____ after notice of disallowance, a notice of appeal must be filed with the clerk of the county.

A

30 days

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6
Q

A complaint must be filed in circuit court within ___ ______ after the contract claim was disallowed by the county

A

6 months

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7
Q

Failure to allege, in the action in the circuit court that the contract claim has been presented to the governing body makes the complaint…

A

demurrable.

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8
Q

The above appeal procedure does not apply to…

A

tax refund claims, suits for non-monetary relief, or mandamus petitions.

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9
Q

_________ actions are immune, __________ actions are not.

A

governmental; proprietary

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10
Q

When acting within its public or governmental capacity, a city or town enjoys sovereign immunity for claims arising from…

A

the acts or omissions of employees and agents.

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11
Q

Governmental functions where immunity is enjoyed by cities and towns include:

A

police forces fire departments public educational facilities garbage removal service emergency response to hurricane damage hospitals and nursing facilities operation of jails design and layout of roads, and maintenance of traffic lights

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12
Q

___________ functions are those that promote the comfort, safety, and happiness of residents, much like a business corporation, such as operation of a waterworks

A

Proprietary

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13
Q

What are examples of proprietary functions?

A

Road Maintenance Provision of public water, sewage, storm drainage, gas, and municipal electric power are proprietary functions (but res ipsa doesn’t apply and proof of malfunction does not itself establish liability) Housing Authorities

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14
Q

The Supreme Court has said that a function is governmental if it is the exercise of an entity’s ____________ authority.

A

discretionary

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15
Q

If the function is a ministerial act and involves no discretion, it is…

A

proprietary.

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16
Q

Generally speaking, when the allegedly negligent act is one involving the ___________ or _________ of the service being provided, the function is deemed to be proprietary.

A

maintenance or operation

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17
Q

The test for establishing a proprietary function cannot simply be whether…

A

the same thing is done by private entities or whether a fee is charged.

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18
Q

The issue is whether, in providing such services, the governmental entity is exercising the ______ and ______ of government conferred by law for the general benefit and well-being of its citizens.

A

powers and duties

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19
Q

If a particular function has both governmental and proprietary aspects, the ____________ aspect prevails.

A

Government; As long as there is any meaningful government function involved, the activity is immune from negligence liability.

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20
Q

Even if the locality is immune, plaintiffs often attempt to sue the _________ of the governmental unit.

A

employees

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21
Q

What’s the test to determine whether immunity for governmental employees should be enjoyed?

A

Is the governmental body immune? Should the individual employee share the immunity?

22
Q

Governors, mayors, legislators, city or county council members, heads of major departments and functions, and judges, automatically share the immunity of…

A

the entity for which they work.

23
Q

On the local level, members of town councils, boards of supervisors and similar boards and commissions are generally automatically immune if…

A

the local entity is.

24
Q

Lower level public employees performing governmental functions may be cloaked with sovereign immunity as to acts of simple negligence where the interests of the sovereign in extending immunity are…

A

sufficiently strong.

25
Q

Immunity is measured by this four-factor test:

A

1.

26
Q

A person who is not a regular employee but, instead, an independent contractor performing a specific task, (can/cannot) claim sovereign immunity.

A
27
Q

School boards, principals, school teachers and coaches (enjoy/do not enjoy) sovereign immunity in tort.

A

Do enjoy.

28
Q

School bus drivers share the immunity of the school board the legislature has provided that in the case of school bus accidents if the board has any insurance for such claims (including specific self-insurance funds),

A

there is no immunity from liability up to the amount of coverage. So, you can sue the school board but not the driver.

29
Q

A municipality is liable only for _____________________________ in the operation of recreational facilities.

A
30
Q

Immunity for government-employed doctors is measured by…

A
31
Q

What are some examples of doctor immunity?

A
32
Q

Police officers chasing a fleeing lawbreaker are engaged in…

A
33
Q

firefighters and ambulances racing to an emergency are acting in…

A

governmental function.

34
Q

Government employees driving in ________________________, such as ordinary traffic, returning to the office after completing duties, or while on non-emergency help calls, are not engaged in uniquely governmental pursuits and are not immune from claims for ordinary negligence.

A

nonemergency situations

35
Q

In Virginia, sovereign immunity for employees of localities shields them from lawsuits charging ordinary negligence, but these employees…

A
36
Q

A locality may not be sued directly for…

A

gross negligence or intentional wrongs by employees. The employees may be sued personally, and the locality’s insurance or indemnification obligations may help pay the judgment.

37
Q

Liability for counties, cities and towns in negligence cases is barred, unless…

A
38
Q

What is the exception to the Six-Month Notice Requirement?

A
39
Q

The letter or other written notice of the claim must describe…

A

the nature of the claim and the date, time and place where the injury took place.

40
Q

The written notice must either be to the…

A

the county, city, or town attorney, or the mayor or chief executive of the locality.

41
Q

Any form of delivery within the six month window is permitted (by hand, by U.S. Mail and by commercial delivery service) but, if there is a contest, the __________ bears the burden to show timely delivery.

A

claimant

42
Q

Any form of proof is permitted, but a signed _______________________ is enough to establish a “prima facie” showing that delivery was accomplished

A
43
Q

Formerly a canon of flexible construction applied to the six-month notice requirement, and some roundabout means of notifying the locality were permitted, but today the statute requires….

A

strict compliance.

44
Q

A city or town (but not a county) will be liable to the same extent as a private party for…

A

injuries resulting from the creation or maintenance of a nuisance, which can be ANY dangerous or hazardous situation. Even dangers created performing “governmental functions” can be the basis for a nuisance action.

45
Q

Where a locality is performing one of its properly authorized activities, it can nonetheless be sued for nuisance if it…

A
46
Q

Localities are liable if the activity causing the nuisance was unauthorized by law – simply upon a showing that…

A

any dangerous conditon resulted.

47
Q

Because negligence plays a role in showing nuisance liability for municipalities, the six- month notice requirement for negligence claims applies to…

A

nuisance claims as well.

48
Q

Localities can sue as plaintiffs for…

A

tort or contract claims.

49
Q

While statutes of limitations usually do not run against the Commonwealth of Virginia, they do run against…

A
50
Q

However, ________________ may not be raised against the locality.

A

equitable defenses; example: a locality cannot be “estopped” from making a claim because of its prior actions or statements to the parties.

Local Government Law (8 decks)

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