Themis Essay 856

Question 1

Municipalities (i.e., cities and towns), enjoy sovereign immunity from tort liability when

Answer 1

performing public, governmental functions, such as police and fire protection and garbage removal.

Question 2

Tort immunity does not exist when a municipality is performing

Answer 2

a proprietary function, such as providing utility services and maintaining recreation facilities.

Question 3

When a municipality corporation’s actions constitutes both governmental and proprietary functions,

Answer 3

the action is considered governmental, and sovereign immunity applies.

Question 4

All negligence claims against any local government are barred unless the claimant delivers to the proper designated officer (e.g., city attorney or mayor)

Answer 4

a written statement of the nature of the claim, including the time and place at which the injury is alleged to have occurred, within six months after the cause of the action has accrued.

Question 5

The Virginia Freedom of Information Act (FOIA) guarantees

Answer 5

Virginia citizens and media representatives access to public records maintained by a public body.

Question 6

The FOIA broadly defines “public body” to include any

Answer 6

legislative body, authority, board, bureau, commission, district or agency of the Commonwealth or any political subdivision of the Commonwealth–including cities, towns, and counties.

Question 7

The FOIA broadly defines “public records” to include

Answer 7

all writings and recordings prepared, owned by, or in the possession of a public body or its officers, employees, or agents in the transaction of public business.

Question 8

A person requesting a public document is not required to have

Answer 8

a lawsuit pending to inspect public records.

Question 9

Counties enjoy sovereign immunity from all tort liability for activities of their officers, agents, and employees, even when

Answer 9

the county is acting in a proprietary capacity.