Deck 17: Survival and Wrongful Death

Question 1

MATCHING
a.tortious
f.common law
b.tortfeasor
g.tangible
c.survival
h.Lord Campbell's Act
d.personal property tort
i.pecuniary
e.estate
decedent's assets and debts

Answer 1

H

Question 2

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.

Answer 2

False

Question 3

MATCHING
a.tortious
f.common law
b.tortfeasor
g.tangible
c.survival
h.Lord Campbell's Act
d.personal property tort
i.pecuniary
e.estate
"pure" death action

Answer 3

G

Question 4

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

Question 5

A survival action ________

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

Question 6

MATCHING
a.tortious
f.common law
b.tortfeasor
g.tangible
c.survival
h.Lord Campbell's Act
d.personal property tort
i.pecuniary
e.estate
caused by a tort

Question 7

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

Question 8

Distinguish between personal property and real property.

Question 9

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

Question 10

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

Question 11

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

Question 12

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

Question 13

MATCHING
a.tortious
f.common law
b.tortfeasor
g.tangible
c.survival
h.Lord Campbell's Act
d.personal property tort
i.pecuniary
e.estate
continuation of a cause of action after the death of the victim or of the alleged wrongdoer

Question 14

MATCHING
a.tortious
f.common law
b.tortfeasor
g.tangible
c.survival
h.Lord Campbell's Act
d.personal property tort
i.pecuniary
e.estate
capable of being touched or seen

Question 15

MATCHING
a.tortious
f.common law
b.tortfeasor
g.tangible
c.survival
h.Lord Campbell's Act
d.personal property tort
i.pecuniary
e.estate
wrongful damage to movable property

Question 16

MATCHING
a.tortious
f.common law
b.tortfeasor
g.tangible
c.survival
h.Lord Campbell's Act
d.personal property tort
i.pecuniary
e.estate
judge-made law

Question 17

MATCHING
a.tortious
f.common law
b.tortfeasor
g.tangible
c.survival
h.Lord Campbell's Act
d.personal property tort
i.pecuniary
e.estate
pertaining to money

Question 18

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

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

Question 19

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

Question 20

MATCHING
a.tortious
f.common law
b.tortfeasor
g.tangible
c.survival
h.Lord Campbell's Act
d.personal property tort
i.pecuniary
e.estate
one who has committed a tort