constitutional law · defense
Sovereign immunity is a legal doctrine that bars lawsuits against the government without its consent. It stems from the principle that the state cannot commit a legal wrong and is therefore immune from civil suit.
The entity seeking immunity must be a government or governmental entity recognized by law.
What to prove: It must be shown that the defendant is a sovereign entity or an agent acting on behalf of the government.
The government must not have waived its immunity or consented to be sued in the particular case.
What to prove: It must be proven that there is no applicable statute or waiver of sovereign immunity allowing the lawsuit.
The nature of the claim must fall within traditional areas of sovereign immunity.
What to prove: It must be demonstrated that the claim is not based on certain exceptions where immunity does not apply, such as tort actions in negligence under specific government codes.
The defendant (government entity) bears the burden of proof to establish the applicability of sovereign immunity, typically by a preponderance of the evidence standard.
Be prepared to analyze whether a governmental action fits within the scope of sovereign immunity as well as any existing waivers or exceptions to the doctrine.