Question 1

MATCHING
-continuation of a cause of action after the death of the victim or of the alleged wrongdoer

Accepted Answer

A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary 
A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary F

Question 2

A survival action ________

Accepted Answer

A) is an action brought by the survivors on behalf of the decedent against a defendant (who caused the death of the decedent) to recover what the decedent would have recovered 
B) is an action brought on behalf of a decedent against a defendant (who did not cause the death of the decedent) to recover for the losses suffered by the survivors due to the death 
C) is an action brought on behalf of a decedent against a defendant (who did not cause the death of the decedent) to recover what the decedent would have recovered 
D) is an action that has been expanded to include the wrongful death 
A) is an action brought by the survivors on behalf of the decedent against a defendant (who caused the death of the decedent) to recover what the decedent would have recovered 
B) is an action brought on behalf of a decedent against a defendant (who did not cause the death of the decedent) to recover for the losses suffered by the survivors due to the death 
C) is an action brought on behalf of a decedent against a defendant (who did not cause the death of the decedent) to recover what the decedent would have recovered 
D) is an action that has been expanded to include the wrongful death C

Question 3

What actions survive the death of a decedent whose death was not caused by the defendant? ________.

Accepted Answer

A) personal torts that are invasions of tangible interests 
B) personal torts that are invasions of intangible interests. 
A) personal torts that are invasions of tangible interests 
B) personal torts that are invasions of intangible interests. A

Question 4

MATCHING
-caused by a tort

Accepted Answer

A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary 
A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary

Question 5

In a tort action that survives the death of the victim (from a cause other than the commission of that tort), the survival action is a new action independent of the one the decedent would have had if he or she had survived.

Accepted Answer

A) True 
 B)False

Question 6

At common law, why was it cheaper for the tortfeasor to kill the victim than to maim him or her?

Accepted Answer

because the tort cau

Question 7

What are the two main methods used by states to allow recovery for wrongful death?

Accepted Answer

The state might enlarge the su

Question 8

MATCHING
-pertaining to money

Accepted Answer

A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary 
A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary

Question 9

Under modern statutory law, what personal torts survive in most states when death is not caused by those torts?

Accepted Answer

In most states, personal torts

Question 10

MATCHING
-"pure" death action

Accepted Answer

A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary 
A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary

Question 11

Common law is statutory law in the absence of judge-made law.

Accepted Answer

A) True 
 B)False

Question 12

Wrongful death is any death caused by a tort or other wrong.

Accepted Answer

A) True 
 B)False

Question 13

MATCHING
-judge-made law

Accepted Answer

A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary 
A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary

Question 14

Distinguish between personal property and real property.

Accepted Answer

Personal property is anything

Question 15

Under modern statutory law, what personal property torts and what real property torts survive when death is not caused by those torts?

Accepted Answer

All of the

Question 16

MATCHING
-wrongful damage to movable property

Accepted Answer

A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary 
A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary

Question 17

All tort actions today survive the death of the victim or alleged tortfeasor.

Accepted Answer

A) True 
 B)False

Question 18

MATCHING
-capable of being touched or seen

Accepted Answer

A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary 
A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary

Question 19

MATCHING
-decedent's assets and debts

Accepted Answer

A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary 
A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary

Question 20

MATCHING
-one who has committed a tort

Accepted Answer

A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary 
A) tortious 
B) tortfeasor 
C) survival 
D) personal property tort 
E) estate
F)common law
G)tangible
H)Lord Campbell's Act
I)pecuniary

Exam 17: Survival and Wrongful Death

MATCHING -continuation of a cause of action after the death of the victim or of the alleged wrongdoer

A survival action ________

What actions survive the death of a decedent whose death was not caused by the defendant? ________.

MATCHING -caused by a tort

In a tort action that survives the death of the victim (from a cause other than the commission of that tort), the survival action is a new action independent of the one the decedent would have had if he or she had survived.

At common law, why was it cheaper for the tortfeasor to kill the victim than to maim him or her?

What are the two main methods used by states to allow recovery for wrongful death?

MATCHING -pertaining to money

Under modern statutory law, what personal torts survive in most states when death is not caused by those torts?

MATCHING -"pure" death action

Common law is statutory law in the absence of judge-made law.

Wrongful death is any death caused by a tort or other wrong.

MATCHING -judge-made law

Distinguish between personal property and real property.

Under modern statutory law, what personal property torts and what real property torts survive when death is not caused by those torts?

MATCHING -wrongful damage to movable property

All tort actions today survive the death of the victim or alleged tortfeasor.

MATCHING -capable of being touched or seen

MATCHING -decedent's assets and debts

MATCHING -one who has committed a tort

Introduction to Tort Law and Practice

Foreseeability in Tort Law

Battery

Assault

False Imprisonment and False Arrest

Misuse of Legal Process

Infliction of Emotional Distress

Conversion and Trespass to Chattels

Strict Liability

Negligence: a Summary

Negligence: Duty

Negligence: Breach of Duty

Negligence: Proximate Cause

Negligence: Damages

Negligence: Defenses

Products Liability

Torts Against and Within the Family

Torts Connected With Land

Defamation:

Invasion of Privacy

Misrepresentation, Tortious Interference, and Other Torts

Additional Tort Defenses

Workers Compensation

Filters