practical aspects

practical aspects

Chapter Review! MISS DEANNA ONLY
Psychology homework help
Chapter Review! MISS DEANNA ONLY
Chapter 11 Review: Accountability through Liability

In this chapter, the conceptual and practical aspects of liability as it applies to different sectors and agents of the government are introduced. Accountability through liability is intended to properly determine who or what agency can be sued or held responsible for damages. Swanson, Taylor and Territo provides a body of law that reflects the paradigm of liability and its intentions to govern one’s accountability. Amongst the body of law provided, this chapter also evolves the action of immunity as it coincides with liability.

A simple term delved into a complex structure. This chapter opens a discussion of whether liability is to be limited or not. The theme of this chapter is factoring the levels of liability and its exceptions on by case situations in terms of specific doctrines and immunities. Elevated from the general guidelines of judicial review, the examination of liability introduces a separate set of rules that should be studied as it accounts to the structure of separation of powers. A restoration to democracy, liability can be considered a tool for maximizing prevention of abuse of power and sustaining discretion.

Following into the narrative of chapter 11, the conversation begins with the topic of immunity. A great introduction as it is the nuance of liability. Instead of giving readers a section filled with definitions, the authors took a step into a more evaluative analysis. This analysis includes the purpose of the doctrine of immunity, highlights the principles of state liability, and cases that has evolved the theory of immunity. Throughout the chapter, readers can see how liability between federal and states can be different and how liability can be displaced based on certain immunities. In previous chapters, Swanson, Taylor and Territo has discussed how constitutional amendments and federal statues such as the APA (Administrative Procedure Act) plays an essential role in navigating how amenities, agencies and the branches of government should be governed. Chapter 11 shows this same method as the authors alludes to the Eleventh Amendment as it relates to immunity for states in federal court.

Supporting their initial objectives of the chapter, Swanson, Taylor and Territo describes the architecture of the Federal Tort Claims Act and Section 1983. Commonly defined as the process and planning of buildings, chapter 11 uses the term to explain the process and design of who can be sued, its elements and exceptions. As this chapter is to understand who can sue and who can be sued under certain doctrines and immunities clauses, it also serves the purpose of understanding the facts that surrounds those same doctrines and immunities clauses. Swanson, Taylor and Territo provides an easier way to understand surrounding facts of liability with the assistance of cases that established the exemptions that are implemented today. Pivotal cases such as Bowers v City of Chattanooga, Monell v Department of Social Services, and United States v Navajo Nation.

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