Torts And Public Policy

2.

All of these are purposes of the civil court system except:

Compensate for damages in a prompt and efficient way
Fairly distribute benefits to victims and costs to wrongdoers
Keep large corporations in check
Deter conduct that is unreasonably risky or dangerous

Correct Answer

A. Keep large corporations in check

Explanation

The civil court system serves several purposes such as compensating for damages, distributing benefits and costs, and deterring risky conduct. However, keeping large corporations in check is not a specific purpose of the civil court system. While civil courts can certainly hold corporations accountable for their actions, their primary focus is on resolving disputes and providing remedies rather than specifically targeting large corporations.

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3.

For the most part, the Democratic Party...

Is apathetic about the state of the civil courts
Thinks that the civil court system is being abused and needs reform
Thinks that the civil court system needs to be protected as is
Are split on the issue

Correct Answer

A. Thinks that the civil court system needs to be protected as is

Explanation

The given correct answer suggests that the Democratic Party believes that the civil court system needs to be protected as is. This means that they do not see a need for major reforms or changes to the system. They likely believe that the current system is functioning adequately and should be preserved.

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4.

The "loser pays" rule would force...

The loser of the trial to pay for the opponent's legal fees
The loser of the trial to pay the court and judge for the time spent in court
The loser of the trial to pay for his own lawyer
The loser of the trial to pay "pain and suffering" compensation to everyone involved in the trial

Correct Answer

A. The loser of the trial to pay for the opponent's legal fees

Explanation

The "loser pays" rule would require the party who loses the trial to bear the financial burden of the opponent's legal fees. This rule is often implemented to discourage frivolous lawsuits and to ensure that the winning party does not suffer financial losses due to the litigation process. By making the loser responsible for the opponent's legal fees, it incentivizes parties to carefully consider the merits of their case before proceeding to trial.

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5.

California has capped awards for "pain and suffering" at $250,000, and the insurance rate for doctors is...

About average with the rest of the states
Below the average of other states
Above the average of the other states
Not comparable with other states because of California's insurance plan

Correct Answer

A. Above the average of the other states

Explanation

The correct answer is "Above the average of the other states" because the fact that California has capped awards for "pain and suffering" at $250,000 implies that the insurance rate for doctors in California is higher compared to other states. This is because the cap on awards limits the potential liability for doctors, which in turn leads to higher insurance rates to compensate for the reduced coverage.

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6.

According to Pro Reform organizations, the number of civil court cases has dramatically . . over the last few years

Correct Answer
increased
gotten larger

Explanation
The correct answer is "increased" or "gotten larger". Both phrases convey the idea that the number of civil court cases has significantly grown or risen in the last few years.

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7.

. . is a reform which would make any company not liable for damages caused by a product already approved by the FDA.

Correct Answer
preemption

Explanation
The term "preemption" refers to a reform that would protect companies from being held responsible for any damages caused by a product that has already been approved by the FDA. This means that even if the product is found to be faulty or harmful, the company cannot be held liable for any resulting damages.

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8.

A . . suit is one where the cost of legal fees is greater than the rewarded damages.

Correct Answer
nuisance

Explanation
A nuisance suit refers to a legal action filed by an individual claiming that they have been subjected to a nuisance caused by another party. In such cases, the cost of legal fees incurred by the plaintiff is often higher than the damages they are ultimately rewarded. This means that the expenses associated with pursuing the lawsuit outweigh the potential financial gain from winning the case.

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9.

A frivolous law suit is usually trying to force the defendant into a . . instead of bringing the case to court.

Correct Answer
settlement

Explanation
A frivolous lawsuit is typically filed with the intention of pressuring the defendant into reaching a settlement, rather than going through the entire legal process and bringing the case to court. Settlements often involve the payment of a sum of money or some other form of compensation to the plaintiff, which may be seen as a quicker and easier resolution for both parties involved. By filing a frivolous lawsuit, the plaintiff may hope to exploit the defendant's desire to avoid the costs and uncertainties associated with litigation, ultimately pushing them towards a settlement agreement.

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10.

Those against reform in the Tort system would say that most reform makes the system stray away from its purpose to . . dangerous or risky conduct.

Correct Answer
deter

Explanation
Those against reform in the Tort system argue that most reform measures deviate from the system's intended purpose, which is to deter dangerous or risky conduct.

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Torts And Public Policy

What is one of the biggest problems with Medical Malpractice Suits?

Quiz Preview

All of these are purposes of the civil court system except:

For the most part, the Democratic Party...

The "loser pays" rule would force...

California has capped awards for "pain and suffering" at $250,000, and the insurance rate for doctors is...

According to Pro Reform organizations, the number of civil court cases has dramatically . . over the last few years

. . is a reform which would make any company not liable for damages caused by a product already approved by the FDA.

A . . suit is one where the cost of legal fees is greater than the rewarded damages.

A frivolous law suit is usually trying to force the defendant into a . . instead of bringing the case to court.

Those against reform in the Tort system would say that most reform makes the system stray away from its purpose to . . dangerous or risky conduct.