Sovereign Immunity
Administrative Law · Lesson 13
Sovereign Immunity
這一課問的是：主權豁免是否阻卻對聯邦政府或機關之訴訟？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
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sovereign immunity
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Federal government generally immune from suit absent waiver.
主權豁免。
APA § 702 waiver
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Waives immunity for non-monetary relief against federal agency action.
§ 702 豁免放棄。
Federal Tort Claims Act
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FTCA: waives immunity for certain torts.
聯邦侵權索賠法。
Tucker Act
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Waives immunity for contract claims in Court of Federal Claims.
Tucker 法。
discretionary function exception
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FTCA bars suits based on discretionary functions.
裁量職能例外。
Rule Sentence · the workhorse
The federal government is immune from suit absent a waiver of sovereign immunity; APA § 702 waives immunity for actions seeking non-monetary relief against agency action; the Federal Tort Claims Act waives immunity for certain torts subject to specific exceptions including discretionary functions.
Mini IRAC · build the Application
Issue. Is P's suit seeking injunction against agency action barred by sovereign immunity?
Rule. APA § 702 waives sovereign immunity for actions seeking non-monetary relief against agency action.
Application (model). P seeks an injunction against agency action (non-monetary relief). Because APA § 702 specifically waives immunity for such non-monetary relief, the fact that P seeks injunctive relief — not damages — means § 702's waiver applies.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, the suit is not barred by sovereign immunity.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: