Exam 17: Survival and Wrongful Death

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

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(True/False)
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Correct Answer:
Verified

False

Match the following
Premises:
decedent's assets and debts
Responses:
pecuniary
estate
survival
Correct Answer:
Verified
Premises:
Responses:
decedent's assets and debts
pecuniary
Free
(Matching)
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Correct Answer:
Verified

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

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Correct Answer:
Verified

In most states, personal torts that are invasions of tangible interests survive, but personal torts that are invasions of intangible interests do not survive.

Match the following
Premises:
capable of being touched or seen
Responses:
pecuniary
tortious
tangible
Correct Answer:
Verified
Premises:
Responses:
capable of being touched or seen
pecuniary
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What are the two main methods used by states to allow recovery for wrongful death?

(Essay)
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Match the following
Premises:
caused by a tort
Responses:
pecuniary
common law
tortfeasor
Correct Answer:
Verified
Premises:
Responses:
caused by a tort
pecuniary
(Matching)
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Match the following
Premises:
"pure" death action
Responses:
tortfeasor
personal property tort
Lord Campbell's Act
Correct Answer:
Verified
Premises:
Responses:
"pure" death action
tortfeasor
(Matching)
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Match the following
Premises:
wrongful damage to movable property
Responses:
Lord Campbell's Act
tortious
estate
Correct Answer:
Verified
Premises:
Responses:
wrongful damage to movable property
Lord Campbell's Act
(Matching)
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Match the following
Premises:
judge-made law
Responses:
tortious
estate
pecuniary
Correct Answer:
Verified
Premises:
Responses:
judge-made law
tortious
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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.

(True/False)
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Match the following
Premises:
continuation of a cause of action after the death of the victim or of the alleged wrongdoer
Responses:
personal property tort
survival
common law
Correct Answer:
Verified
Premises:
Responses:
continuation of a cause of action after the death of the victim or of the alleged wrongdoer
personal property tort
(Matching)
4.8/5
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Match the following
Premises:
pertaining to money
Responses:
common law
Lord Campbell's Act
estate
Correct Answer:
Verified
Premises:
Responses:
pertaining to money
common law
(Matching)
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Common law is statutory law in the absence of judge-made law.

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

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

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Distinguish between personal property and real property.

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A survival action ________

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

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

(Essay)
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Match the following
Premises:
one who has committed a tort
Responses:
common law
personal property tort
tangible
Correct Answer:
Verified
Premises:
Responses:
one who has committed a tort
common law
(Matching)
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