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

The Grimshaw courta. concluded that the management team was unaware of the defect when it gave permission to manufacture the Pinto.b. considered the reprehensibility of the defendant’s conduct and the deterrent effect of the award in deciding whether the punitive damage award was excessive.c.
In assessing the value of a case, an attorneya. may consult trial reporters and professional journals.b. generally, ignores the reputation of opposing counsel and the adjustor.c. must set aside any conceptions they have about the policies and reputation of the insurance company.d. all of the above.
Survival statutes allowa. third parties to recover for losses they sustained as a result of the decedent’s death.b. claims pertaining to intangible interests to survive the decedent’s death.c. claims pertaining to damage to tangible property to survive the decedent’s death.d. all of the above.
In some states plaintiffs who file a wrongful-death action can recover fora. loss of companionship and sexual relationship.b. monetary contributions the decedent would have made during their lifetime to the plaintiff beneficiary.c. loss of moral guidance.d. all of the above.
Survival actionsa. result in recovery that cannot be reached by creditors.b. can result in a windfall to distant relatives.c. are barred if the decedent failed to file an action until after the statute of limitations had run.d. all of the above.
Discounting of awardsa. prevents the plaintiff from receiving a windfall.b. requires use of annuity and life expectancy tables.c. involves calculations involving the present value of a dollar.d. all of the above.
Structured settlementsa. prevent the plaintiff from freely spending their money.b. can have payments that are modified over time.c. require the plaintiff to be involved in the investment process.d. all of the above.
Some courts have abandoned the physical-harm requirementa. because they believe it mechanically excludes cases that are probably valid.b. because it encourages plaintiffs to engage in exaggerated pleading and distorted testimony.c. in the cases of intentional torts.d. all of the above.
What is the difference between contributory negligence, comparative negligence, and assumption of risk?
What is the rationale behind contributory negligence?
What have some courts done to mitigate the harshness of the contributory negligence doctrine?
What is the last-clear-chance doctrine and when is it used?a. What variations to this doctrine exist?b. What is the first-clear-chance doctrine?c. When is the last-clear-chance doctrine not applicable?
When is contributory negligence not a defense?
What is the justification for the development of the comparative-negligence standard?
What is the difference between pure comparative negligence and the 50 percent approach?a. What is the difference between the “not greater than” and “not as great as”approach?b. Why is this difference significant?
Name two administrative problems that can arise in the context of comparative negligence.
What if a person is not a party to the action?Should fault be assigned to their actions?
How have states that have adopted comparative negligence treated the last-clear-chance doctrine?
Are contributory negligence and comparative negligence a defense toa. intentional torts?b. reckless or willful and wanton conduct?c. negligence per se?
What are the three elements of assumption of risk?
How have courts that have adopted comparative negligence treated assumption of risk?
What are differences between express and implied assumption of risk?
What is required for a release to be enforceable?
What is a profession than cannot use assumption of risk as a defense?
What must be shown before a plaintiff will be considered to have impliedly assumed the risk?
How do the courts treat professional and amateur athletes differently when it comes to impliedly assuming the risk?
In what respect is immunity a complete defense?
What is the rationale underlying sovereign immunity?
For what reasons have many states abolished state sovereign immunity?a. What immunities do states typically preserve?b. What kind of statutory immunity is often created by states, and what are the basic provisions of these statutes?
What is the difference between a governmental function and a proprietary function?
Give an example of a function that is usually protected by immunity and of one that generally is not.
Which public officials are granted immunity, and under what conditions is this immunity granted?
How does a public official’s immunity relate to governmental immunity?
What is a 1983 action? Who can bring one?
Why was interspousal immunity created, and what is its status today?
What is parent-child immunity?
What are the justifications for charitable immunity, and what is its status today?
What is the purpose of a statute of limitations?a. When does a statute accrue?b. What is the discovery doctrine, what is its purpose, and why is it sometimes criticized?c. What is a statute of repose, and what is a potential problem with this statute?
True Or False Tort defenses are largely controlled by statute.
True Or False Contributory negligence prevents a negligent plaintiff from recovering unless the defendant is more negligent than the plaintiff.
True Or False The rationale for one reason for the judicial creation of contributory negligence is that judges distrust jurors and are afraid that they might harm industry by giving large awards to injured plaintiffs.
True Or False Guilty defendants can go unpunished under contributory negligence.
True Or False In those states that have adopted a contributorynegligence system, the defendant is required to prove and specifically plead contributory negligence in order to use it as a defense.
True Or False Without exception, the rules that govern proximate cause in relation to a defendant’s conduct also apply to a plaintiff’s conduct in determining contributory negligence.
True Or False To recover under the last-clear-chance doctrine, plaintiffs must prove only that the defendant failed to take advantage of an opportunity to prevent harm to the plaintiff.
True Or False Last clear chance is basically a defense for the plaintiff.
True Or False Last clear chance doctrine is available if both plaintiff and defendant are inattentive.
True Or False Contributory negligence is not a defense to intentional torts or to claims of negligence per se.
True Or False Comparative negligence is an easier system to administer than contributory negligence.
True Or False In assigning a percentage of fault to a plaintiff’s conduct, one considers the extent to which that conduct contributed to the resulting harm or the extent to which it deviated from a reasonable standard of care.
True Or False When a pure comparative-negligence standard is used, the plaintiff can recover no matter how extensive their own negligence.
True Or False Plaintiffs are not allowed to recover if their negligence is less than all of the defendants combined but greater than that of each individual defendant.
True Or False The last-clear-chance doctrine has been retained in most states that have adopted comparative negligence.
True Or False Comparative negligence can be used to reduce a plaintiff’s recovery if the defendant is reckless or willful and wanton.
True Or False In some states that have adopted comparative negligence, apportionment of fault is not allowed if the defendant violated a statute that is designed to protect members of the plaintiff’s class and if that statute places sole responsibility on the defendant.
True Or False Assumption of risk completely bars the plaintiff from recovery in most modern courts.
True Or False Assumption of risk applies if plaintiff should have known of the risk.
True Or False Assumption of risk can be raised as a defense in strict liability cases and can be used in defense of reckless conduct.
True Or False Those states that have adopted comparative negligence have either abolished assumption of risk as a separate defense or have merged it into the defense of comparative negligence.
True Or False When professional sports are involved, those who participate have assumed the risks as long as the risks are understood or completely obvious.
True Or False Professional athletes are assumed to be more cognizant of the risks than amateurs.
True Or False If a plaintiff protests against assuming a risk but ultimately agrees to assume it, their consent will be considered voluntary.
True Or False Waivers of liability are effective against defendant’s intentional torts.
True Or False Medical professionals may use waivers to limit their liability.
True Or False Actual knowledge of the risks are required for assumption of risk.
True Or False Assumption of risk may be used as a defense in strict liability cases.
True Or False Most states have retained complete sovereign immunity and also provide complete immunity for judges and legislators.
True Or False State tort claims acts usually require that written notice of a claim be given during a designated time period after the discovery of the injury.
True Or False Many courts have abolished local governmental immunity.
True Or False Government functions are subject to local government immunity, but proprietary functions are not.
True Or False Immunity is granted to legislators, judges, and other public officials so that they can carry out the difficult tasks of their office without fear of being sued, but that immunity does not extend to those who act out of greed or malice toward a plaintiff.
True Or False High-ranking administrative officials receive no immunity.
True Or False If the government is immune, a public official is also immune.
True Or False Under the FTCA the United States government and its employees are liable for any injuries arising out of a federal employee’s operation of a motor vehicle.
True Or False Under the FTCA, no liability exists when a discretionary function is involved.
True Or False A 1983 action occurs when a defendant acts under color of a state statute, ordinance, or regulation and violates a plaintiff’s civil rights.
True Or False Under the common law a husband and wife were considered one entity.
True Or False Most states have abolished interspousal immunity.
True Or False Some courts bypass parent-child immunity when an intentional tort or business activity is involved.
True Or False Some courts disallow negligent supervision suits because they reduce the child’s compensation.
True Or False In response to the argument that beneficiaries of a charitable organization should not be able to sue, opponents of charitable immunity argue that this justification should not apply in emergency situations.
True Or False Some states allow suit against charitable organizations when liability insurance is available.
Most states have adopted some form of a(n)____________ negligence standard.
Under the ____________ ____________ ____________ doctrine the defendant remains liable because of a failure to take advantage of an opportunity to prevent harm to the plaintiff.
Under a comparative-negligence defense, a plaintiff who was awarded $1,000,000 and who was found to be 30 percent negligent would receive an award of ____________.
A plaintiff who is 50 percent negligent cannot recover in a state that adopted a(n)____________ approach.
In assessing a plaintiff’s conduct who has allegedly assumed the risk, a(n) ____________ standard is used, whereas in assessing a plaintiff’s conduct who was allegedly negligent, a(n) ____________ standard is used.
____________ is not a complete defense to intentional tort liability.
Under the 50:50 apportionment, the plaintiff would be barred under the _________ approach.
Local governments can often claim immunity when a(n) ____________ function is involved.
Activities carried out by water and gas utilities are considered ____________ functions of a local government.
An inmate may file a _______ action against the state government, the correctional institute, and the employees.
____________ immunity was instituted to protect charitable institutions from tort claims.
Under the ____________ ____________ theory, beneficiaries of charitable organizations waive their right to sue when they accept the benefits of a charitable organization.
________ does not exist between siblings or other family members.
The purpose of ____________ is to limit the time frame in which individuals can be sued.
A cause of action ______ when an actual injury occurs to the plaintiff’s person or property.
The ___________ begins to run upon the sale of a product.
Under the ____________ doctrine, an action does not begin until an injury is or should have been discovered.
Under the doctrine of contributory negligence,a. worthy plaintiffs are protected.b. the question of negligence is left up to the judge.c. the rationale is that negligent plaintiffs should be punished for failing to protect their own safety.d. all of the above.

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

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