Please read this post and give me your suggestions and opinions on the topic/content of this post.
Federal and State Tort Claims Acts
Let's discuss what happens to those that file suit against the federal government under the FTCA. As you know by now, it is not an easy process. The American Association for Justice
https://www.ohiobar.org/ForPublic/Resources/LawYouCanUse/Pages/Federal-Tort-Claims-Act-Allows-Certain-Claims-To-Be-Brought-Against-U-S--Government1026-1684.aspx outlines the difficulty one might have if trying to file a claim. The article mentions the issues with state statutes. Go to the National Conference of State Legislatures site http://www.ncsl.org/research/transportation/state-sovereign-immunity-and-tort-liability.aspx
You will find the specific legislation that deals with tort claims in your state. Copy the site, i.e. Okla. Stat. tit. 51, §§151 et seq.: The Governmental Tort Claims Act then search it on the internet. Your state statute should come up. Review the statute and summarize what it says for the class in the forum for this week. Make sure to give the site so others can follow up.
PS: My State is GEORGIA
Ga. Const. art. I, §2, ¶9: Sovereign immunity and waiver thereof; claims against the state and its departments, agencies, officers, and employees. [Establishes legislative authority.]
Ga. Code §§50-21-20 et seq.: Georgia Tort Claims Act.
HERE ARE SOME LINKS FOR: Georgia Tort Claims Act.
Please do some more research on the internet search...Google for example.
It would be great if you could include three or more example from the State of Georgia and for the Federal.
PS: YOUR ANSWER should be analytic in nature and include examples that can bolster your argument. YOUR ANSWER should be free of any spelling or grammar errors and properly cited in APA Style. At least 5 references.
500 words or more in total and must include scholarly references other than the textbook, preferably from Academic journals that can be found in any online library under EBSCO or JSTOR as appropriate.
Reading and Resources
Title: Szypszak Chapters 9,10
And Potter, R., & Rosky, J. (2013). The Iron Fist in the Latex Glove: The Intersection of Public Health and Criminal Justice. American Journal Of Criminal Justice, 38(2), 276-288. doi:10.1007/s12103-012-9173-3
Reading and Resources - Lesson - Week Six
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.
Filing a claim for actions by a state or the federal government are difficult and usually have many requirements. These might be specific to who or what can be claimed, periods for filing, and what evidence is accepted. There might also be specific agencies and individuals that must be included in a claim.
In the state of Georgia, the process has several important components. As found by Paula McGee in Mcgee v State of Georgia, et al. (A97A1000, 227 Ga. App. 107, 487 SE2d 671, 1997), procedures as to when a claim must be filed, who can be named in the lawsuit, and what procedures must be followed are important to such tort claims. In McGee, the filings included notifying the proper entities within the period named so they could properly be prepared and naming an individual working within their duties has to be researched and verified before a court will hear a case. In this case, she did not follow the procedure, and even substantial compliance did not get her more than a summary judgment by the court and affirmation by the appeals court. The rules are in place and whether they seem fair or not, it is imperative that plaintiffs follow those rules or their claims will never be considered. The Georgia Tort ...
A review of the claims torts, in this case, specific to Georgia.