Torts And Public Policy

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Andyd550
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    According to Pro Reform organizations, the number of civil court cases has dramatically .                .  over the last few years

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About This Quiz


A Quiz on the tort system and the policy surrounding the civil courts.

Torts And Public Policy - Quiz

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  • 2. 

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

    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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  • 3. 

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

    • A rise in the cost of Medical care

    • A rise in the cost of insurance for Doctors and Hospitals

    • Not enough room for error for Doctors

    • Both A and B

    Correct Answer
    A. Both A and B
    Explanation
    One of the biggest problems with Medical Malpractice Suits is that they contribute to a rise in the cost of medical care and insurance for doctors and hospitals. When doctors and hospitals are faced with malpractice suits, they often have to pay large settlements or increased insurance premiums, which ultimately leads to higher medical costs for patients. This can create a cycle where the cost of medical care continues to increase, making it more difficult for patients to afford necessary treatments and services.

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  • 4. 

    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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  • 5. 

    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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  • 6. 

    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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  • 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. 

    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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  • 10. 

    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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  • Current Version
  • Nov 29, 2023
    Quiz Edited by
    ProProfs Editorial Team
  • Mar 09, 2009
    Quiz Created by
    Andyd550
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