The federal torts claims act


Discussion:Torts and Criminal Law

Torts encompass a broad range of legal causes of actions for a "civil" wrong - as opposed to "criminal" wrongs. Torts include defamation, assault, battery, intentional interference with contractual relations, fraud and others. For this class, we will focus primarily on Government immunity from tort liability. Congress enacted the Federal Torts Claims Act (FTCA) in 1946. States have their own versions.

Sovereign immunity protects federal and state government from damages liability unless the government has waived it in many cases. Certain "governmental" acts are subject to immunity while "proprietary" acts are not. Governmental usually means functions related to public health, safety and welfare. Proprietary functions are generally performed by private actors but there is overlap.

One of the most recent debates on sovereign immunity concerns the indigenous tribes in the United States. To better understand this issue in context, please view the videos and review the sources at the Native Nations Institute website.

Criminal law involves prosecution by the government of an individual for an act that is classified as a crime. Crimes include felonies and misdemeanors. Criminal offenses are made up of elements. The text outlines many of the basic terms associated with criminal law.

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