Deck 16: Tort Reform

Question 1

The reformers endorsed the doctrine of joint and several liability, while the reformers denounced it.

Answer 1

Progressive Era, classical

Question 2

The rule is under attack today because legal sentiment no longer favors double recovery.

Answer 2

collateral source

Question 3

An increase in court filings does not necessarily mean that society has become more litigious.

Answer 3

True

Question 4

Some blame increased tort liability for the practice of medicine by some doctors.

Question 5

Today's tort reformers are more in alignment with the thinking of the Progressive Era reformers than with that of the classical tort reformers.

Question 6

The oft-cited statistic that the average products liability verdict is over $1 million is questionable.

Question 7

The reformers focused on the goal of deterring potential tortfeasors, while the focused on properly compensating plaintiffs.

Question 8

The concepts of fault and contributory negligence are examples of the perceived plaintiff-orientation of the law.

Question 9

A clear statistical showing of an increase in jury awards would definitively demonstrate that the jury system is out of control.

Question 10

Rule 11 of the Federal Rules of Civil Procedure has been used as a means for .

Question 11

Statistics indicate an increase in both larger and smaller awards in recent years.

Question 12

Those who argue that punitive damages are a windfall to the plaintiff, suggest that punitive damages be awarded to the rather than the plaintiff.

Question 13

The bills, initiated by the Republican party, included a variety of tort reform measures, including limitations on punitive damages and reformation of product liability rules.

Question 14

Most of the data used by those urging tort reform arises out of the federal courts even though most civil litigation occurs in the state courts.

Question 15

Classical tort reformers sought the advancement of laws that were aimed at deterring potential tortfeasors from engaging in risky behavior.

Question 16

Progressive Era reforms opted for changes in the law that would protect defendants.

Question 17

Under the rule, losers in a lawsuit must pay all or part of the winner's attorneys' fees.

Question 18

The evidence clearly shows that Americans are more litigious than other nationalities and that they are more litigious today than at any other time in history.

Question 19

The institution of comparative negligence and no-fault, the relaxation of causation requirements, and the abolition of privity are all examples of the of the law according to tort reforms.

Question 20

There is undisputed evidence that the number of capricious and needless claims filed against doctors has steadily increased over the last decade.

Question 21

The effectiveness of punitive damage caps in preventing runaway awards is questionable.

Question 22

Historically, punitive damages have been used to help alleviate the inequity between the powerful and the powerless.

Question 23

The Progressive Era reformers denounced joint and several liability as the "deep pockets" theory.

Question 24

Oklahoma's new Tort Reform laws divide punitive damage awards into three categories.

Question 25

Most studies conducted by agencies such as the RAND Institute indicate that the frequency and magnitude of punitive damage awards have increased tremendously nationwide over the last two decades.

Question 26

The Common Sense Reform bills were introduced by the Democrats to restrict the tort reform process.

Question 27

Some states award punitive damages to the state rather than the plaintiff.

Question 28

Almost every state retains the doctrine of joint and several liability today.

Question 29

Tort reform that restricts economic damages is generally not favored by the courts.

Question 30

The excessive fines clause of the Eighth Amendment does not apply to fines imposed by the government.

Question 31

The abolition of joint and several liability clearly leads to a decrease in insurance costs.

Question 32

Jury verdicts for compensation for bodily harm are inherently unpredictable.

Question 33

Under the doctrine of joint and several liability, nominally culpable defendants can be held wholly responsible for the plaintiff's damages.

Question 34

Under the due process clause, a punitive damage award may be found to be excessive.

Question 35

In actual practice, joint and several liability is seldom relied on.

Question 36

Some feel that putting caps on punitive damages will encourage companies to produce defective products.

Question 37

Some evidence exists to support the proposition that tort reform will increase employment and productivity.

Question 38

BMW of North America, Inc. v. Gore provides clear guidance to the lower courts in reference to the assessment of the constitutionality of punitive damage awards.

Question 39

Requiring plaintiffs to relinquish punitive damage awards to a third party would help discourage plaintiffs from bringing frivolous claims.

Question 40

The American College of Trial Lawyers recommends that no caps be placed on punitive damage awards.

Question 41

Research clearly indicates that malpractice claims have induced an increase in the practice of defensive medicine.

Question 42

Between 1989 and 1997 tort filings at the state level steadily increased.

Question 43

The British rule requires the loser in a lawsuit to pay all or part of the winner's attorneys' fees.

Question 44

Punitive damages are more likely to be awarded by judges than by jurors.

Question 45

Dr. Hasnas believes that the litigation explosion is predictable if the tort system's purpose is perceived as one of vindicating the wrongs suffered by individuals.

Question 46

The crisis in the insurance industry in the mid-1980s was clearly caused by an increase in tort lawsuits.

Question 47

There is no evidence that products are any safer as a result of tort litigation.

Question 48

Most states that have adopted comparative negligence have modified their joint liability doctrine.

Question 49

Tort plaintiffs prevail in most cases jurors hear.

Question 50

Jurors are reluctant to award plaintiffs substantial awards.

Question 51

What are four goals of the tort system?

Question 52

Studies show that jurors tend to generally be unfavorable toward business.

Question 53

Tort reformers are seeking ways to inhibit plaintiffs from filing lawsuits with the sole purpose of inducing defendants to settle to avoid litigation.

Question 54

Many punitive damage awards are reversed or reduced in the post-verdict period.

Question 55

Studies show that jurors tend to be more skeptical about the profit motives of businesses than of individual defendants.

Question 56

Jurors rarely award punitive damages and their awards are usually modest.

Question 57

Dr. Hasnas suggests that we are better off relying on the common law (which is self-correcting) rather than the centrally planned system offered by tort reformers.

Question 58

The average award for tort plaintiffs is greater than the actual damages they suffered.

Question 59

States that have repealed joint and several liability show an increase in tort litigation.

Question 60

Punitive damages are awarded more often in personal injury cases than in business and contract disputes.

Question 61

What is Dr. Hasnas's explanation for the "litigation explosion"?

Question 62

What four problems do tort reformers focus on today?

Question 63

Explain, using specific examples, why tort reformers believe the tort system is plaintiff-oriented.

Question 64

Suggest an alternative to punitive damage caps.

Question 65

What two conflicting objectives dominate discussions of joint and several liability?

Question 66

What does Dr. Hasnas think is the most effective way to deal with the problems facing the tort system and why?

Question 67

Refute the claim that Americans are overly litigious.

Question 68

Why is data from Jury Verdict Research (JVR) criticized?

Question 69

Under what circumstances might a punitive damage award be unconstitutional?

Question 70

How did the goal of the Progressive Era reformers differ from the goal of the classical reformers?

Question 71

What evidence suggests some of the criticisms presented in question 7 may be unfounded?

Question 72

Describe a typical statute that caps punitive damages.