Emergency Nurse Practitioner (ENP) Practice Test

What does sovereign immunity mean?

1. States can commit crimes without consequences

2. States cannot commit crimes and cannot be prosecuted

3. States are not subject to any laws

4. States have unlimited power over the legal system

The correct answer is: States cannot commit crimes and cannot be prosecuted

Sovereign immunity refers to the legal doctrine that protects states and certain governmental entities from being sued without their consent. This means that, in most cases, states cannot be prosecuted or held liable in court for actions they take as part of their sovereign functions. This principle is rooted in the idea that the state cannot commit a legal wrong and is immune from civil suit or criminal prosecution in most jurisdictions. In the context of the other options, while it might seem at first glance that states have some unfettered power, they are still bound by laws and certain limitations, but sovereign immunity specifically emphasizes the protection states have from being sued, not that they can carry out unlawful actions without repercussions. However, there are exceptions to this doctrine where states might waive their immunity, particularly if they choose to engage in activities that subject them to lawsuits.