The term "eo nomine" is a Latin phrase that translates to "by or under that name." In legal contexts, it refers to the principle of sovereign immunity, which protects states and other sovereign entities from being sued in their own courts based on claims they have established. Essentially, it means that a state cannot be compelled to answer a lawsuit in its own court regarding a right it has created.
Eo nomine is primarily used in discussions surrounding sovereign immunity, particularly in civil law. This term is relevant in cases where individuals or entities seek to file claims against a state or government. Understanding this concept is crucial for anyone involved in legal proceedings against a state, as it defines the limitations and protections afforded to sovereign entities.
Users can manage certain legal processes related to this term with the help of legal templates available through US Legal Forms, which are drafted by experienced attorneys.
Here are a couple of examples of abatement:
For instance, if a person files a claim against a state for damages caused by a state-owned vehicle, the state may invoke eo nomine to argue that it cannot be sued in its own courts for that claim. (Hypothetical example).
Examples of state differences (not exhaustive):
| State | Details |
|---|---|
| California | California has specific statutes that outline circumstances under which the state can be sued. |
| Texas | Texas allows for certain claims against the state, but also has strict limitations on damages. |
| Florida | Florida's sovereign immunity laws include caps on damages for claims against the state. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Sovereign immunity | The legal doctrine that prevents the government from being sued without its consent. | Eo nomine is a specific application of sovereign immunity in lawsuits. |
| Waiver of immunity | A situation where a state consents to be sued. | Eo nomine implies immunity unless explicitly waived by the state. |
If you believe that you have a claim against a state entity, it is important to understand the limitations imposed by sovereign immunity and eo nomine. You may want to:
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Eo nomine is a Latin term meaning "by or under that name," used in legal contexts to refer to sovereign immunity.