Deck 17: Torts and Family Law

Question 1

Alienation of affections is a heart-balm action.

Answer 1

True

Question 2

What is a tort and what categories of injuries or losses can torts cause?

Answer 2

A tort is a civil wrong (other than a breach of contract) that causes injury or other loss for which our legal system deems it just to provide a remedy such as damages. Injury or loss can be to the person (a personal tort), to movable property (a personal property tort), or to land and anything attached to the land (a real property tort).

Question 3

When brothers and sisters commit torts against each other:

A)there is no immunity
B)there is immunity for intentional torts but not for negligence
C)there is immunity for negligence but not for intentional torts
D)all of the above

Answer 3

A

Question 4

A wife can sue for a loss of her husband's consortium only if the husband was not wrongfully injured.

Question 5

Wrongful life is an action by, or on behalf of, an unwanted child who is impaired in which the child seeks his or her own damages.

Question 6

Personal injury and property damage can be caused:

A)by an intentional tort but not by the tort of negligence
B)by the tort of negligence but not by an intentional tort
C)by an intentional tort or by the tort of negligence
D)by neither an intentional tort nor by the tort of negligence

Question 7

When can a prenatal tort be brought?

Question 8

Wrongful pregnancy is an action by the parents of an unplanned child who is healthy in which the parents seek their own damages.

Question 9

Why are some courts reluctant to allow marital tort claims to be brought in divorce actions?

Question 10

When one spouse inflicts a personal injury on another spouse:

A)in some states, spouses can sue each other for personal injury caused by intentional torts or by negligence
B)in some states, spouses cannot sue each other for personal injury caused by intentional torts or by negligence
C)in some states, spouses can sue each other for personal injury caused by intentional torts but not if the injury was caused by negligence
D)all of the above

Question 11

What historical reasons accounted for intrafamily tort immunity?

Question 12

One spouse can sue another in tort only if the state has interspousal tort immunity.

Question 13

What is the distinction between interspousal immunity and parental immunity?

Question 14

An emancipated child can sue a parent for intentional or negligent injury to the child's person.

Question 15

Parents are vicariously liable for all damages caused by the torts of their children.

Question 16

Wrongful birth is an action by the parents of an unwanted child who is impaired in which the parents seek their own damages.

Question 17

An intrafamily tort is a tort committed:

A)against a family member by someone outside the family
B)by a family member against someone outside the family
C)by one family member against another
D)by a member of a family against anyone else

Question 18

A child can sue a parent for intentional or negligent injury to the child's property.

Question 19

The intrafamily tort immunity prevents a brother from bringing a tort action against his sister.

Question 20

To what extent does interspousal immunity apply to property damage suits?

Question 21

Liability is if it is imposed on a person because of the conduct of another, based solely on the status of the relationship between the two.

Question 22

Under immunity, a spouse cannot sue his or her spouse for designated torts.

Question 23

Match each numbered entry with the most relevant lettered entry below
a.heart-balm action
b.parental consortium
c.immunity
d.real property
e.criminal conversation
f.filial consortium
g.viable
h.negligence
i.tort
j.unemancipated
sexual relations with plaintiff's spouse

Question 24

Match each numbered entry with the most relevant lettered entry below
a.heart-balm action
b.parental consortium
c.immunity
d.real property
e.criminal conversation
f.filial consortium
g.viable
h.negligence
i.tort
j.unemancipated
able to live indefinitely outside the womb

Question 25

Match each numbered entry with the most relevant lettered entry below
a.heart-balm action
b.parental consortium
c.immunity
d.real property
e.criminal conversation
f.filial consortium
g.viable
h.negligence
i.tort
j.unemancipated
civil wrong other than a breach of contract

Question 26

Match each numbered entry with the most relevant lettered entry below
a.heart-balm action
b.parental consortium
c.immunity
d.real property
e.criminal conversation
f.filial consortium
g.viable
h.negligence
i.tort
j.unemancipated
failure to use reasonable care

Question 27

A parent can sue for if the defendant interferes with the right of a parent to the services of his or her unemancipated child, such as doing household chores.

Question 28

The parental-liability law imposes liability (up to a limited dollar amount) on parents for the torts committed by their children.

Question 29

Match each numbered entry with the most relevant lettered entry below
a.heart-balm action
b.parental consortium
c.immunity
d.real property
e.criminal conversation
f.filial consortium
g.viable
h.negligence
i.tort
j.unemancipated
prevents a suit for what would otherwise be wrongful conduct

Question 30

Match each numbered entry with the most relevant lettered entry below
a.heart-balm action
b.parental consortium
c.immunity
d.real property
e.criminal conversation
f.filial consortium
g.viable
h.negligence
i.tort
j.unemancipated
land

Question 31

A deep pocket has assets to pay a judgment; a pocket does not.

Question 32

Match each numbered entry with the most relevant lettered entry below
a.heart-balm action
b.parental consortium
c.immunity
d.real property
e.criminal conversation
f.filial consortium
g.viable
h.negligence
i.tort
j.unemancipated
legally dependent on a parent or guardian

Question 33

Match each numbered entry with the most relevant lettered entry below
a.heart-balm action
b.parental consortium
c.immunity
d.real property
e.criminal conversation
f.filial consortium
g.viable
h.negligence
i.tort
j.unemancipated
right of a parent to affection of a child

Question 34

Match each numbered entry with the most relevant lettered entry below
a.heart-balm action
b.parental consortium
c.immunity
d.real property
e.criminal conversation
f.filial consortium
g.viable
h.negligence
i.tort
j.unemancipated
suit for alienation of affections is an example

Question 35

What is the distinction between wrongful life and wrongful birth?

Question 36

Match each numbered entry with the most relevant lettered entry below
a.heart-balm action
b.parental consortium
c.immunity
d.real property
e.criminal conversation
f.filial consortium
g.viable
h.negligence
i.tort
j.unemancipated
right of a child to affection of a parent

Question 37

The tort of causing a diminishment of the marital relationship or interfering with consortium rights between the plaintiff and his or her spouse is called .

Question 38

When are parents vicariously and independently liable for the torts of their children?