Deck 17: Survival and Wrongful Death

Question 1

A survival action ________

A) is an action brought by the survivors on behalf of the decedent against a defendant (who caused the death of the decedent) to recover what the decedent would have recovered
B) is an action brought on behalf of a decedent against a defendant (who did not cause the death of the decedent) to recover for the losses suffered by the survivors due to the death
C) is an action brought on behalf of a decedent against a defendant (who did not cause the death of the decedent) to recover what the decedent would have recovered
D) is an action that has been expanded to include the wrongful death

Answer 1

C

Question 2

Distinguish between personal property and real property.

Answer 2

Personal property is anything that can be owned other than real property; real property is land and anything permanently attached to land.

Question 3

In a tort action that survives the death of the victim (from a cause other than the commission of that tort), the survival action is a new action independent of the one the decedent would have had if he or she had survived.

Answer 3

False

Question 4

All tort actions today survive the death of the victim or alleged tortfeasor.

Question 5

Common law is statutory law in the absence of judge-made law.

Question 8

Under modern statutory law, what personal torts survive in most states when death is not caused by those torts?

Question 9

Wrongful death is any death caused by a tort or other wrong.

Question 10

What actions survive the death of a decedent whose death was not caused by the defendant? ________.

A) personal torts that are invasions of tangible interests
B) personal torts that are invasions of intangible interests.

Question 11

Under modern statutory law, what personal property torts and what real property torts survive when death is not caused by those torts?

Question 15

At common law, why was it cheaper for the tortfeasor to kill the victim than to maim him or her?

Question 17

What are the two main methods used by states to allow recovery for wrongful death?