Search Results for: PUBLIC-FUNCTION TEST

public function test

public-function test. In a suit under 42 USCA § 1983, the doctrine that a private person’s actions constitute state action if the private person performs functions that are traditionally reserved to the state. — Also termed public-function doctrine; public-function theory. [Cases: Civil Rights 1326(4, 7). C.J.S. Civil Rights §§ 92–94.]

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governmental function

Torts. A government agency’s conduct that is expressly or impliedly mandated or au-thorized by constitution, statute, or other law and that is carried out for the benefit of the general public. • Generally, a governmental entity is immune from tort liability for governmental acts. — Also termed governmental act; governmental activity. See PUBLIC-FUNCTION TEST. Cf.

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governmental function

governmental function. Torts. A government agency’s conduct that is expressly or impliedly mandated or au-thorized by constitution, statute, or other law and that is carried out for the benefit of the general public. • Generally, a governmental entity is immune from tort liability for governmental acts. — Also termed governmental act; governmental activity. See PUBLIC-FUNCTION

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