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Essay / Research Paper Abstract
This is a 4 page paper that provides an overview of tort claim law in Florida. The impact of the law on law enforcement officers and agencies is examined. Bibliography lists 4 sources.
Page Count:
4 pages (~225 words per page)
File: KW60_KFtortcl.rtf
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listed below. Citation styles constantly change, and these examples may not contain the most recent updates. The Impact of Tort Claim Law in Florida ,
10/2010 --properly! Tort claims are a critical aspect of the legal process. They provide a vitally necessary mechanism by which individuals
can hold governmental institutions responsible for damages that theyve caused through neglect or failure to exercise due care. Without such a mechanism, the capacity for governmental institutions to abuse their
rights of sovereign immunity would be completely unchecked. Of course, the tort claim itself is open to the possibility of abuse, and for that reason, there are very strict limitations
on when and where it can be applied. Additionally, tort claims are not without an element of controversy. There is some concern about what effect tort claims might have in
regards to local justice and security forces; what might happen if an individual could effectively file for damages against, say, a local police department. Within the state of Florida, the
tort claim has been a particularly active source of debate. In order to understand exactly what all the debate is about, one must first understand just what a tort claim
is. In the United States, all levels of government, from federal to state, are protected by what is known as sovereign immunity (Florida Supreme Court, 1998). This is effectively a
form of legal protection that prevents individuals from filing suit against governments and thus obstructing those governments from carrying out their principal duties. The Federal Tort Claims Act, however, provides
a mechanism by which people actually can file for damages against the government, on both the federal and local levels (Florida Supreme Court, 1998).
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