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BLAW- Chapters 20 & 21: Strict Liability & Tort Reform Flashcards | StudBud
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BLAW- Chapters 20 & 21: Strict Liability & Tort Reform
BLAW- Chapters 20 & 21: Strict Liability & Tort Reform
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#strict liability #tort reform
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Questions
30
Answers
1
government response to a problem
cost of safety
public policy
all of these
pain and suffering
2
example of tort reform
none of these
public policy
frivolous lawsuit
cap on awards
3
___ liability encourages safe design, testing & warning on consumer goods.
no-fault
strict
product
cap on awards
4
The US Consumer Product Safety Commission
issues mandatory product standards
all of the above
bans dangerous consumer products
advises consumers on product safety
5
defense in strict liability cases
lack of proximate causation
duty and breach
none of these
toxic torts
6
the law requires cases be brought within a specific period of time after damages were inflicted
cap on awards
statute of limitations
breach and duty
none of these
7
English legal systems requires the losing party in a civil case to pay the other's legal fees.
True
False
8
Who faces strict liability?
owners of dangerous animals
all of these
people who engage in highly dangerous activities
manufacturers & sellers of defective consumer products
9
Tort law requires that a reasonable amount of money be spent on
safety
consumers
punitive
businesses
10
Tort reform refers to changing the rules that relate to tort cases.
True
False
11
Dog owners who know their dogs are vicious are strictly liable for harm that their dogs cause.
False
True
12
Reform efforts focus on the process of settling tort claims & on the outcome of tort cases.
False
True
13
harm caused by defective manufactured goods
all of these
duty and breach
product liability
toxic torts
14
elements of strict liability
causation and damages
care and lack of care
breach and duty
damages and duty
15
Type of reform that compensates the injured party regardless of wrongdoing
no-fault
cost of safety
process
cap on awards
16
What is a factor in determining what is reasonable to pay for safety?
comparison of benefits to costs of safety precautions
all of the above
benefits of safety precautions exceeds costs of safety prec.
benefits of adding a safety precaution
17
What has been the main focus on tort reform?
requiring losing plaintiffs to pay defendants' attorney fees
limiting the hourly rates of attorneys
changing the process of settling claims
eliminating compensatory damages
18
standard for harm caused by untamed wild animals
none of these
negligence
strict liability
intentional
19
__ of a product is a possible defense for a manufacturer when being sued for an injury
negligence
production
defenses
misuse
20
Strict liability applies to which of the following activities
driving a car
practicing medicine
shoplifting
dynamiting a bridge
21
Strict liability in tort means liability without fault.
False
True
22
harm resulting from the use of hazardous materials
intentional
negligence
all of these
toxic torts
23
Which is a consequence of holding manufacturers strictly liable for defective products?
lower prices for consumers
dangerous products
more research and development
higher insurance rates
24
a criticism of the tort system is that plaintiffs sometimes get unreasonably high damage awards
False
True
25
non economic damages
pain and suffering
cost of safety
no-fault
frivolous lawsuit
26
The cost of safety in a product or from a service is paid for ultimately by the
courts
consumers
legal system
producer
27
As a matter of public policy, tort law should serve to
compensate harmed persons in prompt & efficient ways
deter conduct that is unreasonably risky or dangerous
fairly allocate benefits to victims and costs to wrongdoers
all of the above
28
Tort reform may focus on making it more difficult for plaintiffs to win __ damages.
punitive
none of these
safety
process
29
cases without merit
frivolous lawsuits
pain and suffering
cap on awards
cost of safety
30
The burden of proof in a strict liability case is ___.
none of these
clear and convincing proof
negligence
preponderance of the evidence