Exam 1 Study guide (pt5)

Question 1

Damages for personal injury are based on what?

Answer 1

the plaintiff’s condition immediately prior

to the negligent event

Question 2

What type of damages are there, in Torts?

Answer 2

• Special damages
• General damages - including hedonic
• Nominal damages
• Punitive damages

Question 3

What are these factors of?

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

Answer 3

Special Damages (Objective Factors)

Question 4

What are these factors of?

• Pain & Suffering
• Physical impairment
• Loss of use
• Visible scarring
• Loss of enjoyment of life

Answer 4

General Damages (Subjective Factors)

Question 5

What’s the liability of contracts?

Answer 5

• Loss of profit

- Increased cost

Question 6

Whats the liability of torts?

Answer 6

• Cost of repairs
• Loss of value
• Direct economic loss
• Pain & Suffering

Question 7

What partially abrogates the doctrine of sovereign immunity with regard to torts and applies the doctrine of respondeat superior to make the government liable?

Answer 7

FTCA

Question 8

What Protects governmental agents and employees from personal liability for harm resulting from their negligent in-scope torts?

Answer 8

FTCA

Question 9

When does the FTCA apply?

Answer 9

• In-scope negligent torts of agents and employees

- In the United States

Question 10

What are the rules of the FTCA?

Answer 10

• Two year S / L
• Trial by judge alone
• Trial in U.S. District Court
• No limit on damages
• No punitive damages

Question 11

When does the FTCA not apply?

Answer 11

• 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 12

Where did the saying, “The government is not liable
under the FTCA for injuries to service-members when those injuries arose out of, or were in the course of, activities incident to service.” come from?

Answer 12

Feres case

Question 13

What is the first step in FTCA violations?

Answer 13

File a claim

Question 14

What are the other 4 steps for FTCA violations, after filing a claim?

Answer 14

• Settlement / Withdrawal / Suit
• Decision
• Appeal
• Decision

Question 15

What operates overseas equivalent to the FTCA in the US?

Answer 15

Military claims act

Question 16

What type of law is the military claims act?

Answer 16

It is an administrative law.

Question 17

How does the Military claims act work?

Answer 17

Claim

Decision

Appeal

Decision

Question 18

The feres doctrine applies to what?

Answer 18

The FTCA and military Claims act

Question 19

What comprises Feres Rationale?

Answer 19

• A system of compensation exists

- Necessary to maintain military discipline