Ex (Quizlet 1) (Pt4)

Question 1

When does a living will become effective?

Answer 1

When the stated medical problem occurs

Question 2

What does a living will rely on?

Answer 2

Health care providers

Question 3

Which kind of advance directive grants decision making power to an individual for any medical situation?

Answer 3

Durable Power of Attorney for medical care

Question 4

What is the American theory of damages?

Answer 4

An amount of money necessary to make the injured party whole

Question 5

What are damages for personal injury based on?

Answer 5

The plaintiff’s condition immediately prior to the negligent event

Question 6

What are examples of special damages cases (objective factors)?

Answer 6

Cost of repair
Loss of earnings
Impairment of earning capacity
Medical expenses
Services in the home

Question 7

What are examples of general damages cases (subjective factors)?

Answer 7

Pain & suffering
Physical impairment 
Loss of use
Visible scarring
Loss of enjoyment of life

Question 8

What does Remittitur mean?

Answer 8

The procedural process by which an excessive verdict of the jury is reduced. If money damages awarded by a jury are grossly excessive as a Matter of Law, the judge may order the plaintiff to remit a portion of the award.

Question 9

What does Additur mean?

Answer 9

The power of the trial court to assess damages or increase the amount of an inadequate award made by jury verdict, as a condition of a denial of a motion for a new trial, with the consent of the defendant whether or not the plaintiff consents to such action. This is not allowed in the federal system.

Question 10

What is the Federal Tort Claims Act?

Answer 10

Partially abrogates the doctrine of sovereign immunity with regard to torts and applies the doctrine of respondeat superior to make the government liable
Protects governmental agents and employees from personal liability for harm resulting from their negligent in-scope torts

Question 11

In what instances does the FTCA apply?

Answer 11

In-scope negligent torts of agents and employees

In the United States

Question 12

What are the rules of the FTCA?

Answer 12

Two year statute of limitations
Trial by judge alone
Trial in U.S. District Court
No limit on damages
No punitive damages

Question 13

When does the FTCA not apply?

Answer 13

Intentional torts, except of law enforcement officers
In foreign countries
Involving combatant activities
Service members injured incident to service or while exercising a military privilege

Question 14

How does the FTCA work?

Answer 14

Claim
Settlement / Withdrawal / Suit
Decision
Appeal
Decision

Question 15

What is the first step of the FTCA?

Answer 15

File a claim

Question 16

What is the Military Claims Act?

Answer 16

Operates overseas as the FTCA

operates in the U.S.

Question 17

What is an important detail of the Military Claims Act?

Answer 17

It is administrative only

Question 18

How does the Military Claims Act work?

Answer 18

Claim
Decision
Appeal
Decision

Question 19

What applies to both the FTCA and the Military Claims Act?

Answer 19

Feres doctrine

Question 20

What is the Feres rationale?

Answer 20

A system of compensation exists

Necessary to maintain military discipline

Question 21

What does the Feres doctrine state?

Answer 21

The government is not liable
under the FTCA for injuries to
servicemembers when those
injuries arose out of, or were in
the course of, activities incident
to service.