Module 9

Chapter 16-17

Priyal Morjaria

Chapter 16
1. What is the rationale for legal and historical sovereign immunity? Discuss the logic of
Justice Holmes who said that on logical and practical groundsthere can be no legal right
against the authority that makes the law on which the right depends.
Justice Holmes implied that a sovereign party such as the United States has right to immunity
from legal procedure because the United States gave the judicial system the right and power to
ensure fair law and it provides citizens protection and justice. Per Justice Holmes one cannot
argue or fight against another that gave he or she the right to argue in the first place.
2. What is the legal concept of respondeat superior?
Respondeat Superior refers to the idea that the master is responsible for answering for the
servant. In other terms an employer is responsible for the acts of his or her employees and is
held accountable. Respondeat Superior is not applicable to state institutions and their right to tort
immunity.
8. Are public universities protected from liability under the Eleventh Amendment?
Yes, In some ways they are protected. The Eleventh Amendment gives immunity to states in
federal courts when a suit comes from a citizen of another state or from a citizen of a foreign
state. Since public universities are considered a part of the state they also benefit from this
doctrine. The only time congress can hold states and state agencies accountable is when they
deny citizens equal protection or due process of law.
Chapter 17
4. Does the fact that a private university charges tuition affect the institutions charitable
immunity?
Not necessarily, Per the Parks V. Northwestern University case if a private institution is
considered a fully charitable institution where all funds including tuition funds are used for
educational purposes then that institution can benefit from charitable immunity. In this case a
student was injured while under the supervision of his instructor however the institution wasnt
held liable for its employees negligence.
5. Under what circumstances could a private universitys immunity be denied by the
courts?
Per the case of University of Virginia Health Services Foundation V. Morris a charitable
institution may be liable for ordinary negligence in their selection and retention of servants or
agents. Charitable immunity is only applicable when negligence is claimed by those is accepted
the benefits provided by the charitable institution. A charitable institution is accountable or liable
for invitees or strangers that receive no benefits from the institution. Charitable institutions are

Module 9

Chapter 16-17

Priyal Morjaria

also held liable for acts of gross or willful negligence. If a charitable institution is enters into a
independent for profit relationship it will be held liable for negligence by its agents much as a
corporation would.