ABSTRACT

This chapter focuses on statute of limitations and sovereign immunity. The statute of limitations is the time limit within which one must file a suit if one wants to do so. The statutes of limitations normally vary depending on the type of case involved. In a standard civil tort action for personal injuries, for example, the rule is generally two or three years from the date the injury occurred. The most controversial aspect of statutes of limitations at the moment is the discovery rule. The doctrine of sovereign immunity arises from the Common Law tradition that “the sovereign can do no wrong.” What this means in US law is that lawyer cannot sue the government unless the government gives consent to be sued, and gives consent to be sued in the court in which they file the suit. In the area of administrative law, the Administrative Procedures Act was amended in mid-1970s to eliminate sovereign immunity as a potential defense.