Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

With the _______________ _______________ _______________ theory the plaintiff can prevail if they can prove the defendants were negligent even though they cannot show which defendant caused their injury.
Under the _______________ _______________ theory the plaintiff must show that the defendants encouraged or assisted each other in performing a tortious act.
Proximate cause boils down to a question of _______________.
Courts sometimes blur the concept of proximate cause and _______________.
Courts that follow the _______________ causation rules do not take into account the foreseeability of the result and the extent of the harm.
Under the _______________ _______________ rule a defendant must take their plaintiff as they find them.
Ordinary medical malpractice is an example of a(n) _______________ cause whereas a fire or flood is an example of a(n) _______________ cause
In toxic tort casesa. the problem faced by plaintiffs is proving that the toxin in question is capable of producing the type of injury suffered by the plaintiffs.b. plaintiffs must rely on expert testimony but not epidemiological studies.c. plaintiffs do not have to prove that the toxin in question
In Sindell v. Abbott Laboratories, the courta. felt that the defendants were in a better position to bear the cost of the plaintiff’s injuries than was the plaintiff.b. reasoned that when there was a conflict between an innocent plaintiff and negligent defendants, the plaintiff should prevail.c.
In Palsgrafa. the question was whether the defendant was negligent in pushing a passenger to help that passenger board a train.b. Justice Cardozo concluded that the harm that occurred to the plaintiff was reasonably foreseeable.c. Andrews felt liability should be cut off if there were too many
A superseding causea. does not relieve the defendant of liability.b. is not an issue when it comes to the liability of tavern owners.c. is exemplified by gross negligence by a rescuer.d. all of the above.
Proximate causea. is a policy question.b. is a question only the judge can answer.c. is an easy question for courts to answer.d. all of the above.
With unforeseeable interventiona. the defendant is always liable.b. the intervention is a superseding cause.c. it must be the same type of harm threatened by defendant’s conduct.d. the defendant is liable because they did not foresee intervention.
What is the difference between general and special damages?
When is it appropriate to award nominal damages, and when is it appropriate to award punitive damages?
What is the problem with awarding damages for pain and suffering?a. How do day-in-the-life videos assist jurors?b. How does the per diem technique assist attorneys in making their arguments regarding awards for pain and suffering?
List three possible categories of compensatory damages for a plaintiff.
What criticisms have been raised against the awarding of damages for pain and suffering?
What is the problem with proving loss of future earnings?
Why are courts reluctant to allow recovery for shortened life expectancy?
What is the collateral-source rule?a. What evidence is precluded under this rule?b. What is subrogation?
Why are most personal injury cases handled on a contingency-fee basis?
Why are contingency fees criticized?
How is the fair market value of property determined?
What do courts do when plaintiffs cannot be fairly compensated based on a fair market value because of personal value the property has to the plaintiff?
What is the purpose in awarding punitive damages?a. What must plaintiff prove to justify punitive damages?b. Explain how damages can be remitted?c. Why did the Grimshaw court believe that the punitive-damages award was not excessive?
Describe three pitfalls of punitive damages.
What does recovery for loss of consortium include?a. Why is it considered a derivative claim?b. How can double recovery for spouses arise, and how is it prevented?c. Can parents recover for loss of consortium in reference to a child?d. Can children recover for loss of companionship of a parent?
What sources can an attorney consult when evaluating the value of a case?
What is the difference between a wrongful death and a survival action?a. What can be recovered in a survival action?In a wrongful-death action?b. What defenses can be raised in each?c. Can the remarriage of a spouse be brought up during a case or during voir dire in a wrongful-death action?d. How
Why might it be to a defendant’s advantage to discount an award of future damages?
What information is needed to calculate the present value of a future award?
Name two reasons for the use of a structured settlement.
What is the avoidable-consequences (or “duty to mitigate”) rule?
Why are courts reluctant to award damages when a plaintiff has suffered emotional injuries but not physical injuries?a. Why are damages from mental suffering considered parasitic?b. In what situations are courts more likely to bypass the physical harm requirement?c. What is the “impact” rule?d.
True Or False General damages are unique to the plaintiff.
True Or False Punitive damages are designed to make a plaintiff whole.
True Or False Nominal damages cannot be awarded in intentional tort and strict liability cases but can be awarded in negligence cases.
True Or False Nominal damages put the plaintiff back to the position they were before the injury.
True Or False Day-in-the-life videos are generally inadmissible because they unfairly appeal to jurors’sympathies.
True Or False The per diem technique for valuing suffering uses a daily flat rate across the board.
True Or False Some argue that compensation of those suffering pain serves to reinforce and therefore increase their pain.
True Or False Mortality tables may be used to help determine future earnings losses.
True Or False Studies show that compensation of pain and suffering is not necessarily equitable.
True Or False Losses for impaired earning capacity include recovery for both past earnings and future losses.
True Or False A plaintiff’s impairment need not be permanent in order for them to recover for future losses.
True Or False In determining future losses jurors must determine how long a plaintiff is expected to live.
True Or False Losses for shortened life expectancy were denied under the common law and by most courts today.
True Or False If a plaintiff receives free services from friends or family members, they can recover the reasonable value of those services.
True Or False In most courts evidence of collateral benefits is inadmissible.
True Or False In the United States the winning party is entitled to recover for their expenses of litigation, including attorney’s fees.
True Or False Arguably punitive damages and awards for pain and suffering allow plaintiffs to pay attorney’s fees and still be compensated for their losses.
True Or False If the market value of property does not provide adequate compensation because property has personal value to the plaintiff, the courts will look at the original cost of the property and the condition of the property.
True Or False Fair market value is determined by the lowest price a property can be sold.
True Or False Punitive damages are criticized because they can bankrupt defendants.
True Or False Punitive damages can be for intentional and unintentional torts.
True Or False Employers cannot be held liable for punitive damages resulting from torts committed by their employees.
True Or False The Grimshaw court concluded that high punitive-damage awards were not necessary because governmental sanctions are effective deterrents to manufacturers who make defective products.
True Or False Loss of consortium was available only to the husband under the common law.
True Or False Loss of consortium is available to spouses but not to parents or children.
True Or False Many states require that spouses sue only once for injuries resulting from a single accident or event.
True Or False In most jurisdictions loss of companionship can be recovered in reference to a minor child, but lost services and earnings cannot.
True Or False Some courts allow recovery when the child is a minor who is still dependent on the parent.
True Or False In assessing the expected recovery in a case, attorneys may consult trial reporters and professional journals.
True Or False Under the common law a plaintiff’s complaint survived their death.
True Or False Double recovery may be possible even if a case is filed under both a wrongful-death and survival statute.
True Or False In some states, survival actions are limited to losses occurring prior to a decedent’s death and are not allowed if a decedent’s death is instantaneous.
True Or False The problem with wrongful-death actions involving the death of a child is that the cost of raising a child usually far surpasses any earnings the child might be expected to bring home.
True Or False Knowledge of the remarriage of a surviving spouse is information jurors are usually given, at least during voir dire to ensure that no juror knows the new spouse.
True Or False Survival actions are usually brought by the executor of the decedent’s estate.
True Or False Defendants in wrongful-death actions are not allowed to raise the defenses they could have raised against the decedent.
True Or False Inflation has no effect on the discounting of present-value awards.
True Or False Discounting an award reduces losses to the plaintiff.
True Or False Structured settlements minimize the income tax a plaintiff has to pay.
True Or False Structured settlements are favored by the defense.
True Or False Structured settlements are severely restricted in how they can be structured.
True Or False A plaintiff who fails to wear a seat belt may be seen as having failed to mitigate their damages.
True Or False When a plaintiff suffers no physical injury, courts are reluctant to award damages for emotional suffering because of a fear of fraudulent claims.
True Or False Courts will award damages for emotional suffering even if there is no physical suffering when there is a negligent mishandling of a corpse or transmission of an erroneous message about the death of a family member.
True Or False A majority of courts follow the impact rule for recovery.
True Or False Courts are sometimes willing to abandon the physical-harm requirement when the facts are such that one could readily believe that the plaintiff suffered mental distress.
True Or False A growing number of courts have allowed recovery for pure emotional distress if the plaintiff was near the scene of the accident, observed it, and was related to the victim.
True Or False When confronted with a plaintiff who has seen injury occur to others, courts have rejected the use of the Palsgraf “zone of danger” test.
True Or False In cases in which there is no physical harm, most courts restrict liability to serious emotional suffering.
____________ ____________ ____________ damages must be specially pleaded in a complaint.
____________ damages are reserved for those defendants who act recklessly or with an “evil mind.”
The ____________ technique assigns a numerical value to suffering on a daily or hourly basis.
Under the ____________ ____________ rule a plaintiff can recover for medical expenses from the defendant even if they have been reimbursed for those expenses by their insurance carrier.
____________ ____________ arrangements are the most commonly used fee arrangements in personal injury cases.
____________ ____________ value refers to the amount property can be sold for on the open market.
If a plaintiff can raise the issue of ____________ damages, they can show the wealth of the defendant.
Loss of consortium is considered a(n)____________ claim because it is based on another person’s underlying claim.
____________ ____________ programs are software programs that help attorneys evaluate the value of their case, whereas ____________ are compilations of verdicts and settlements pertaining to specific injuries, doctors, attorneys, and so forth.
In assessing future lost wages, attorneys consult with____________ ____________ ____________ counselors who help predict what the plaintiff will be able to do and how much schooling will be required.
____________ ____________ statutes allow spouses and children to recover for losses they sustained as a result of the decedent’s death.
A(n) ____________ ____________ results in periodic payments to the plaintiff instead of a lump-sum.
The duty to mitigate damages is also known as the ____________ ____________rule.
In cases involving physical injury, mental suffering is considered ____________ because it attaches to the physical injury.
Punitive damagesa. cannot be awarded for intentional torts.b. cannot be used to compensate plaintiffs for the expenses of litigation.c. are considered a windfall to plaintiffs.d. all of the above.
Some people believe punitive damagesa. punish defendants without the benefit of the constitutional safeguards available under the criminal law.b. place a social-policy decision in the hands of those who lack the necessary information to make an informed decision.c. deter future tortfeasors from

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Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

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