Welcome Back! Today on Legalese we finish discussing the Brunson Case (Commonly known as Docket: 22-380.) The first episode on The Brunson Case we looked at the background of the case and its judicial history. We also discussed what exactly a writ of certiorari
I am making assumption that US congress members must post a performance bond prior to being sworn in... I see that ~ In 1792, Congress passed a law creating the office of Paymaster General and made the taking of office contingent on the positing of a $20,000 bond ~ Since the claim (one of them anyway) is failure to uphold their Oath(s) of office wouldn't it be more "actionable" to make clam of -- Generally there are three types of acts covered by a public official bond.
1.) Misfeasance occurs where a public official fails to perform a duty of his or her office. It is a mistake or error without criminal intent or violation of law which causes damages to the public. Simply put misfeasance is the wrongful performance of a legal act.
2.) Nonfeasance is the result of a public official neglecting to perform a duty, that INACTION causing harm or damages to the public. Under tort law, an individual generally does not incur liability for a failure to act where the individual has no preexisting relationship with the injured party(ies). A public official is held to a different standard. His or her failure to act where the position requires he or she to do so is a violation and incurs liability.
sovereign immunity could thus be easily side-stepped with that approach, its not about what they "did", its about what they didn't do.
I am making assumption that US congress members must post a performance bond prior to being sworn in... I see that ~ In 1792, Congress passed a law creating the office of Paymaster General and made the taking of office contingent on the positing of a $20,000 bond ~ Since the claim (one of them anyway) is failure to uphold their Oath(s) of office wouldn't it be more "actionable" to make clam of -- Generally there are three types of acts covered by a public official bond.
1.) Misfeasance occurs where a public official fails to perform a duty of his or her office. It is a mistake or error without criminal intent or violation of law which causes damages to the public. Simply put misfeasance is the wrongful performance of a legal act.
2.) Nonfeasance is the result of a public official neglecting to perform a duty, that INACTION causing harm or damages to the public. Under tort law, an individual generally does not incur liability for a failure to act where the individual has no preexisting relationship with the injured party(ies). A public official is held to a different standard. His or her failure to act where the position requires he or she to do so is a violation and incurs liability.