Who can assert Sovereign Immunity?

Who can assert Sovereign Immunity?

• A. Government or government employee
• B. Private citizen
• C. Private company
• D. Court

Answer: (A)

Sovereign immunity is the protection that prevents the government from being sued without its consent. Only the government itself or a government employee acting in official capacity can raise this defense to bar a lawsuit. Private citizens or private companies do not have the authority to assert sovereign immunity on their own; they would instead rely on any applicable rights or remedies, not the government’s immunity. A court isn’t asserting sovereign immunity as a defense for the government—the immunity is something the government (or its official representatives) can invoke to protect government actions from being challenged in court.

Sovereign immunity is the protection that prevents the government from being sued without its consent. Only the government itself or a government employee acting in official capacity can raise this defense to bar a lawsuit. Private citizens or private companies do not have the authority to assert sovereign immunity on their own; they would instead rely on any applicable rights or remedies, not the government’s immunity. A court isn’t asserting sovereign immunity as a defense for the government—the immunity is something the government (or its official representatives) can invoke to protect government actions from being challenged in court.