WebA discretionary function is an exercise of judgement in the nature of making government policy. What difference does it make whether a government employees activities alleged … WebDetermining Discretionary Function Exception. In order to determine whether conduct falls within the discretionary function exception, the courts must apply a two-part test established in Berkovitz v. U.S., 486 U.S. 531, 536 (1988). See Kennewick Irrigation …

Journal of Air Law and Commerce - SMU

http://mason.gmu.edu/~jkozlows/FedRec.pdf WebBrantleyaddressed and clearly set forth the proper test for discretionary-function immunity, explaining that we first consider the broadest function involved in order to make a baseline determination of whether the overarching function is discretionary or ministerial. selling a used skateboard price

Discretionary Definition & Meaning - Merriam-Webster

WebThe Stafford Act's Discretionary Function Exception - (Sec. 5148) 42 U.S. Code § 5148 - Nonliability of Federal Government • The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of WebStates Supreme Court in which the discretionary function excep-tion was a factor will be reviewed, emphasizing the Court's treat-ment of discretion in terms applicable to all negligence claims. It will be observed that the tests for the discretionary function that court interpretation of the Federal Tort Claims Act has generated, selling a used shed