GOVERNMENTAL INSTRUMENTALITY

governmental instrumentality.A constitutionally or legislatively created agency that is immune from certain kinds of liability, as for taxes or punitive damages. [Cases: United States C.J.S. United States §§ 83, 88–95.] [Blacks Law 8th]

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GOVERNMENTAL-FUNCTION THEORY

governmental-function theory.Constitutional law. A principle by which private conduct is characterized as state action, esp. for due-process and equal-protection purposes, when a private party is exercising a public function. • Under this theory, for example, a political party (which is a private entity) cannot exclude voters from primary elections on the basis of race. —…

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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 TEST…

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