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Westfall Act
The Federal Employees Liability Reform and Tort Compensation Act of 1988, also known as the Westfall Act, is a law passed by the United States Congress that modifies the Federal Tort Claims Act to protect federal employees from common law tort lawsuit while engaged in their duties for the government, while giving private citizens a route to seek damage from the government for violations. The law was passed in response to the United States Supreme Court's decision in '' Westfall v. Erwin'', , which had created a precedent that left federal employees open to liability to civil suits for actions they took while performing their duties for the government. Background Since '' Bivens v. Six Unknown Named Agents'', , the Supreme Court has upheld that individual federal officers can be liable for civil tort suits for violations of constitutional rights that occur as part of their duties. The Supreme Court case ''Westfall v. Erwin'', , involved a warehouse worker, William Erwin, who had bee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Tort Claims Act
The Federal Tort Claims Act (August 2, 1946, ch.646, Title IV, 28 U.S.C. Part VI, Chapter 171and ) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States. Historically, citizens have not been able to sue their state—a doctrine referred to as sovereign immunity. The FTCA constitutes a limited waiver of sovereign immunity, permitting citizens to pursue some tort claims against the government. It was passed and enacted as a part of the Legislative Reorganization Act of 1946. Limitations Under the FTCA, " e United States sliable ... in the same manner and to the same extent as a private individual under like circumstances, but s notliable for interest prior to judgment or for punitive damages." . Federal courts have jurisdiction over such claims, but apply the law of the state "where the act or omission occurred". (b). Thus, both federal and state ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Congress
The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washington, D.C. Senators and representatives are chosen through direct election, though vacancies in the Senate may be filled by a governor's appointment. Congress has 535 voting members: 100 senators and 435 representatives. The U.S. vice president has a vote in the Senate only when senators are evenly divided. The House of Representatives has six non-voting members. The sitting of a Congress is for a two-year term, at present, beginning every other January. Elections are held every even-numbered year on Election Day. The members of the House of Representatives are elected for the two-year term of a Congress. The Reapportionment Act of 1929 establishes that there be 435 representatives and the Uniform Congressional Redistricting Act requires t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Westfall V
Westfall may refer to: People with the surname * Anne Westfall, game programmer * Bob Westfall, American football player * Buzz Westfall, American lawyer and politician * Catherine Westfall, American historian of science * Ed Westfall, hockey player * Gary Westfall, American physicist and textbook author * James Westfall, jazz vibraphonist * Minter Jackson Westfall, American entomologist * Morris Westfall, American politician * Richard S. Westfall, American historian of science * Stacy Westfall, horse trainer * Steve Westfall (born 1955), American politician from West Virginia * Thomas D. Westfall, American politician and FBI agent Other uses * Westfall, Kansas, an unincorporated community * Westfall, Ohio, an unincorporated community * Westfall High School, a school in Williamsport, Ohio * Westfall Township in Pike County, Pennsylvania * Westfall Winery, a winery in New Jersey * "Westfall", a song by Okkervil River on the album, ''Don't Fall in Love with Everyone You See '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bivens V
Bivens is a surname. Notable people with the surname include: * Beverly Bivens (born 1946), American singer * Carolyn Bivens (born 1952), American golf commissioner *Don Bivens (born 1952), American attorney *Kylie Bivens (born 1978), American soccer player * Malcolm Bivens, American wrestler and wrestling manager *Richard Bivens Richard Bivens (born August 26, 1979) is an American musician from Orange County, California. He has performed as a solo artist and has been the frontman for Richard Bivens & Foreign Press, Regrets and Brunettes and Grief Thief. He currentl ... (born 1979), American musician See also *'' Bivens v. Six Unknown Named Agents'' {{surname ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sodium Carbonate
Sodium carbonate, , (also known as washing soda, soda ash and soda crystals) is the inorganic compound with the formula Na2CO3 and its various hydrates. All forms are white, odourless, water-soluble salts that yield moderately alkaline solutions in water. Historically, it was extracted from the ashes of plants growing in sodium-rich soils. Because the ashes of these sodium-rich plants were noticeably different from ashes of wood (once used to produce potash), sodium carbonate became known as "soda ash". It is produced in large quantities from sodium chloride and limestone by the Solvay process. Hydrates Sodium carbonate is obtained as three hydrates and as the anhydrous salt: * sodium carbonate decahydrate ( natron), Na2CO3·10H2O, which readily effloresces to form the monohydrate. * sodium carbonate heptahydrate (not known in mineral form), Na2CO3·7H2O. * sodium carbonate monohydrate ( thermonatrite), Na2CO3·H2O. Also known as crystal carbonate. * anhydrous sodium carbonate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Absolute Immunity
In United States law, absolute immunity is a type of sovereign immunity for government officials that confers complete immunity from criminal prosecution and suits for damages, so long as officials are acting within the scope of their duties. The Supreme Court of the United States has consistently held that government officials deserve some type of immunity from lawsuits for damages,''Harlow v. Fitzgerald'', 457 U.S. 800, 806 (1982). and that the common law recognized this immunity. The Court reasons that this immunity is necessary to protect public officials from excessive interference with their responsibilities and from "potentially disabling threats of liability." Absolute immunity contrasts with qualified immunity, which sometimes applies when certain officials may have violated constitutional rights or federal law. Types In the United States, absolute civil immunity applies to the following people and circumstances: * lawmakers engaged in the legislative process;''Imbler v ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Eleventh Circuit
The United States Court of Appeals for the Eleventh Circuit (in case citations, 11th Cir.) is a federal court with appellate jurisdiction over the following U.S. district courts: * Middle District of Alabama * Northern District of Alabama * Southern District of Alabama * Middle District of Florida * Northern District of Florida * Southern District of Florida * Middle District of Georgia * Northern District of Georgia * Southern District of Georgia These districts were originally part of the Fifth Circuit, but were split off to form the Eleventh Circuit on October 1, 1981. For this reason, Fifth Circuit decisions from before this split are considered binding precedent in the Eleventh Circuit.Stein v. Reynolds Secs., Inc.', 667 F.2d 33 (11th Cir. 1982). The court is based at the Elbert P. Tuttle U.S. Court of Appeals Building in Atlanta, Georgia. The building is named for Elbert Tuttle, who served as Chief Judge of the Fifth Circuit in the 1960s and was known for issuing ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Qualified Immunity
In the United States, qualified immunity is a legal principle that grants government officials performing discretionary (optional) functions immunity from civil suits unless the plaintiff shows that the official violated "clearly established statutory or constitutional rights of which a reasonable person would have known". It is a form of sovereign immunity less strict than absolute immunity that is intended to protect officials who "make reasonable but mistaken judgments about open legal questions", extending to "all fficialsbut the plainly incompetent or those who knowingly violate the law". Qualified immunity applies only to government officials in civil litigation, and does not protect the government itself from suits arising from officials' actions. The U.S. Supreme Court first introduced the qualified immunity doctrine in ''Pierson v. Ray'' (1967), a case litigated during the height of the civil rights movement. It is stated to have been originally introduced with the rat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Judiciary Legislation
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965- ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1988 In American Law
File:1988 Events Collage.png, From left, clockwise: The oil platform Piper Alpha explodes and collapses in the North Sea, killing 165 workers; The USS Vincennes (CG-49) mistakenly shoots down Iran Air Flight 655; Australia celebrates its Australian Bicentenary, Bicentennial on January 26; The 1988 Summer Olympics are held in Seoul, South Korea; Soviet Union, Soviet troops begin their Soviet-Afghan War, withdrawal from Afghanistan, which is completed the 1989, next year; The 1988 Armenian earthquake kills between 25,000-50,000 people; The 8888 Uprising in Myanmar, led by students, protests the Burma Socialist Programme Party; A bomb explodes on Pan Am Flight 103, causing the plane to crash down on the town of Lockerbie, Scotland- the event kills 270 people., 300x300px, thumb rect 0 0 200 200 Piper Alpha rect 200 0 400 200 Iran Air Flight 655 rect 400 0 600 200 Australian Bicentenary rect 0 200 300 400 Pan Am Flight 103 rect 300 200 600 400 1988 Summer Olympics rect 0 400 200 600 8888 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
