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What is the meaning of the term state sovereign immunity as used by the conservative Supreme Court of the 1990s?
Wiki User
∙ 13y ago
State sovereign immunity is a common law doctrine that protects a state from being named as the defendant/respondent in a civil suit or criminal prosecution.
In the United States, the Eleventh Amendment of the Constitution protects the individual states from being sued unless they waive (agree to drop) their sovereign immunity. Under certain circumstances, states may also be sued indirectly by naming an individual officeholder (Governor, Department Head, Prosecutor, etc.) of the State to stand as the defendant on the State's behalf. This allows the plaintiff (the person filing suit) an opportunity for legal redress while protecting the State Treasury (its money) from being drained by lawsuits.
The concept of sovereign immunity didn't originate in the conservative Supreme Court of the 1990s, but has been part of English common law (and that of other countries) for centuries. In the United States, the States adopted sovereign immunity when they ratified the Eleventh Amendment in direct response to the Supreme Court ruling in Chisholm v. Georgia, 2 US 419 (1793), which held states lacked immunity from citizens (of other states) filing lawsuits against them for war debt. The doctrine was later explicitly upheld in Hans v. Louisiana, 134 US 1 (1890) and other cases.
Wiki User
∙ 13y ago
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What is three synonyms for sovereign?
Sovereign as a noun meaning "supreme ruler": leader, monarch, majesty, ruler, chiefSovereign as an adjective meaning "greatest in degree or power; potent": highest, imperial, principal, supreme, prevalent
What is the Hebrew meaning of sovereignty?
The quality or state of being sovereign, or of being a sovereign; the exercise of, or right to exercise, supreme power; dominion; sway; supremacy; independence; also, that which is sovereign; a sovereign state; as, Italy was formerly divided into many sovereignties.
What the meaning of emperor?
The sovereign or supreme monarch of an empire; -- a title of dignity superior to that of king; as, the emperor of Germany or of Austria; the emperor or Czar of Russia.
What is the opposite meaning of emperor?
The sovereign or supreme monarch of an empire; -- a title of dignity superior to that of king; as, the emperor of Germany or of Austria; the emperor or Czar of Russia.
Is immunity an adverb?
No, it is not an adverb. Immunity is a noun meaning a state of being immune.
How can a state claim Sovereign Immunity to prevent a citizen of that state to sue them when Due Process is guaranteed to individual citizens by the 14th Amendment?
A complete answer to this question would require volumes. In brief, very brief fashion, due process means that government action, meaning state, federal, and local governments and their agencies must not deprive any citizen of any fundamental rights without a fair hearing. It gives the federal government the power to make states give its citizens the rights guaranteed under the federal consitution. Sovereign Immunity, in very brief fashion, means that a state, as a state, cannot be sued without its permission. In reality sovereign immunity almost never has any application. States do not use sovereign immunity in personal injury cases. They allow such suits. Also, almost any suit you can think of can be brought against a department of the state, such as state highway commissions, cities, counties, etc. These are not covered by immunity. Brown v. Board of Education which integrated school systems is such a case.
Hindi meaning of the word immunity?
"रोग प्रतिरोध" शब्द "immunity" का हिंदी अर्थ है, जिसका अर्थ है शरीर की प्राकृतिक रूप से विकसित रोग प्रतिरोधक क्षमता। यह शरीर को विभिन्न बीमारियों से सुरक्षा देता है।
What is the meaning of Sovereign Filipino people?
PAGJAJAKOL
What is the medical term meaning study of immunity?
Immunology
Is America the only sovereign nation?
A sovereign state is "a nonphysical juridical entity of the international legal system that is represented by a centralised government that has supreme independent authority over a geographic area." Meaning a sovereign state is a place that has a population and an independent government. America, indeed, has a population and also has an independent government thus it is a sovereign state. It is not the only place in the world with a population and government; in fact more than two hundred other nations have both a population and government, making them also sovereign nations. To answer your question, the USA is not the only sovereign state in the world.
What is the medical term meaning immunity protein?
"Antibody" is the medical term meaning immunity protein. When your body is presented with a foreign protein, the immune system makes antibodies against that protein.
What is the same meaning of Independent?
Autonomous, self-reliant, self-sufficient.
