Deck 15: Informal and Administrative Advocacy

Question 1

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 1

A
246
Chapter 15: Torts and Family Law 247

Question 2

What is the distinction between interspousal immunity and parental immunity?

Answer 2

Under interspousal immunity, a spouse cannot sue his or her spouse for designated torts. Under parental immunity, children and parents cannot sue each other for designated torts.

Question 3

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

Answer 3

True

Question 4

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

Question 5

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 6

What historical reasons accounted for intrafamily tort immunity?

Question 7

Alienation of affections is a heart-balm action.

Question 8

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

Question 9

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 10

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

Question 11

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

Question 12

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

Question 13

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 14

When can a prenatal tort be brought?

Question 15

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

Question 16

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 17

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

Question 18

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

Question 19

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

Question 20

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

Question 21

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 22

What is the distinction between wrongful life and wrongful birth?

Question 23

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

Question 24

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 25

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

Question 26

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 27

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

Question 28

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
29. civil wrong other than a breach of contract
30. legally dependent on a parent or guardian
31. failure to use reasonable care
32. right of a parent to affection of a child
33. able to live indefinitely outside the womb
34. right of a child to affection of a parent
35. sexual relations with plaintiff's spouse
36. prevents a suit for what would otherwise be wrongful conduct
37. suit for alienation of affections is an example
38. land

Question 29

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