ICC Permit Technician Practice Exam

What doctrine requires a plaintiff to show that a municipality owed a specific duty to them regarding inadequate performance of a governmental activity?

1. Home rule

2. Sovereign immunity

3. Public duty

4. Malicious prosecution

The correct answer is: Public duty

The correct answer, which pertains to the doctrine that requires a plaintiff to show that a municipality owed them a specific duty regarding inadequate performance of a governmental activity, is centered on the concept of public duty. This doctrine emphasizes that while municipalities may engage in various services and functions for public welfare, they typically do not owe individual members of the public a special duty to provide those services adequately. Therefore, to bring forward a claim, a plaintiff must demonstrate that the municipality had a specific duty to them, beyond just a general obligation to the public at large. In contrast, other choices like home rule pertain to the local government's ability to govern itself and enact laws without state interference, which does not directly relate to the establishment of specific duties towards individuals. Similarly, sovereign immunity refers to the legal doctrine that protects governments from being sued without their consent, again not focusing on the specific duty aspect. Lastly, the term malicious prosecution deals with legal actions regarding wrongful prosecution, which is unrelated to the duties of municipalities in service provision. Thus, the premise of public duty stands out as it underscores the responsibility municipalities hold in relation to individuals when their services are deemed inadequate.