Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
9 Cards in this Set
- Front
- Back
|
Immunity--Definition
|
something that insulates ∆ from liability b/c of his status, position, or relationship to the π
--modern trend to limit or abolish immunities |
|
|
Immunities--Most Common
|
1. Spousal--very limited
2. Parent/Child-->limited to negligence 3. Charitable Immunity 4. Governmental Immunity[depends on State or Federal] |
|
|
IMM-Spousal
|
basically abolished--only exist in 5 states
|
|
|
IMM--Parent/Child
|
Children can sue parents unless parent is acting within its discretion to raise their children or exercising authority
Basically a negligence standard |
|
|
IMM--Charitable orgs
|
largely limited--based on the idea that if they had to litigate tort claims, then they wouldn't be able to provide charitable services
|
|
|
IMM-govt--state
|
If gov't acting like a business[operational]-->no immunity
if giv't acting like a govt by exercising discretionary power to conduct governmental function-->immune[∆'s argument unless egregious conduct |
|
|
IMM--GOVT--FED
|
If allowable under the FTCA--federal tort claims act
|
|
|
IMM--GIVT--CITY
|
governmental-->immune
proprietary[operating a city-run hospital]-->no immunity |
|
|
IMM--Gov't Officials
|
all public servants from any lawsuits arising out of official condict
π-->not acting in the scope of offical conduct ∆-->acting as an official member of the government |
