Torts 1

Question 1

At ________ _____, the doctrine of contributory negligence applies.

Answer 1

common law

Question 2

The doctrine provides that a plaintiff who is negligent, and whose negligence is a proximate cause of his injuries, it totally barred from recovery.

Answer 2

Contributory Negligence

Question 3

If the plaintiff is said to have assumed the risk of certain harm, the plaintiff at common law, is completely barred from recovery.

Answer 3

Contributory Negligence

Question 4

The plaintiff can assume the risk either expressly or implicitly in what type of negligence?

Answer 4

Contributory Negligence

Question 5

Most states have replaced contributory negligence with ________ _________.

Answer 5

comparative negligence

Question 6

The ______ _________ system rejects all or nothing approach of contributory negligence, and instead divides the liability between the plaintiff and the defendant in proportion to their relative degrees of fault.

Answer 6

comparative negligence

Question 7

Plaintiffs recovery is reduced by a proportion equal to the ratio between his own negligence and the total negligence contributing to the accident.

Answer 7

Comparative negligence

Question 8

Under the traditional principals the defendant’s before the court who is found to be only partly responsible for the plaintiff’s loss would be required to pay the whole loss aside from that caused by the plaintiff’s own fault.

Answer 8

Joint and Several Liability

Question 9

Many states have now abolished the doctrine of ______ and _____ liability where comparative fault applies, and liability is several.

Answer 9

joint and several

Question 10

Now under joint and several liability each defendant is only required to pay

Answer 10

his or her own share of the total responsibility

Question 11

Plaintiff may recover _______ _______ if they can prove by _______ and __________ evidence that the defendant’s conduct was ______, _______, and _______.

Answer 11

punitive damages
clear and convincing
willful, wanton, and reckless

Question 12

Few awards exceeding ___________ ratio between compensatory and punitive damages will satisfy due process

Answer 12

single-digit

Question 13

Are compensatory damages taxed?

Answer 13

no

Question 14

recovery for pain is or is not includable in taxes?

Answer 14

is NOT taxable

Question 15

recovery for wages and punitive damages is or is not taxable?

Answer 15

IS taxable

Question 16

Evidentiary rule which forbids it being made known to the jury that the plaintiff’s injuries have been paid by any collateral source such as insurance. This rule is to avoid prejudicing the plaintiff’s recovery, as insurance companies generally gain liens against anything the plaintiff recovers in order to pay itself back for what insurance has paid out.

Answer 16

Collateral Source Rule

Question 17

Under the ________ _______ ______, the plaintiff is entitled to recover her out of pocket expenses, even if she was reimbursed for these losses by some third party.

Answer 17

collateral source rule

Question 18

Fright and Shock

Answer 18

general damages
non-economic

Question 19

Anxiety about the future

Answer 19

general damages
non-economic

Question 20

Loss of peace of mind, happiness, mental health

Answer 20

general damages
non-economic

Question 21

Humiliation, embarrassment, disfigurement, or loss of dignity

Answer 21

general damages
non-economic

Question 22

Loss of ability to enjoy a normal life

Answer 22

general damages
non-economic

Question 23

plaintiff’s awareness of his/her diminished ability to enjoy life and the pleasures that made life better.

Answer 23

Hedonic Damages

Question 24

Medical, hospital, rehabilitative, and similar costs

Answer 24

specific damages
economic loss

Question 25

Lost wages, earnings, or profits

Answer 25

specific damages
economic loss

Question 26

Substitute labor

Answer 26

specific damages
economic loss

Question 27

Custodial care

Answer 27

specific damages
economic loss

Question 28

In some situations, medical monitoring

Answer 28

specific damages
economic loss

Question 29

Any other specifically identifiable pecuniary losses resulting from the injury (travel to obtain medical care)

Answer 29

specific damages
economic loss

Question 30

Loss in future earnings is proved with reasonable certainty by
1.
2.

Answer 30

the amount of wages lost for some determinable period
and
the future period over which wages will be lost

Question 31

The measure of damages for a wage loss is the gross amount of damages. Social security, retirement contributions or other withholdings ______ _______ be used to reduce a plaintiff’s recovery for lost wages.

Answer 31

may not