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Question 1
Barney is a well regarded resident of Springfield. Homer, jealous of Barney's popularity, publishes an article in the Springfield Gazette claiming that Barney is a chronic alcoholic. As a result of Homer's article, several of Barney's business and social relationships suffer. Barney sues Homer for defamation but, before the conclusion of the case, Barney dies. If Barney sues in a jurisdiction that allows tort actions to survive the death of one of the parties, Barney's heirs will:
Correct
Incorrect!
Correct
Incorrect!
Correct Certain states allow tort actions to survive the death of one of the parties. Certain jurisdictions do not. However, even jurisdictions that do allow tort actions to survive the death of a party do not allow tort actions to survive where the suit involves recovery for invasion of intangible personal interests (ex. defamation, invasion of privacy). Therefore, C is the correct answer.
Incorrect! Certain states allow tort actions to survive the death of one of the parties. Certain jurisdictions do not. However, even jurisdictions that do allow tort actions to survive the death of a party do not allow tort actions to survive where the suit involves recovery for invasion of intangible personal interests (ex. defamation, invasion of privacy). Therefore, C is the correct answer.
Correct
Incorrect!
Question 2
Barney is walking down the street one day when Homer hits Barney with his car. Barney sues Homer for $100,000 in compensatory damages and $50,000 in punitive damages. During the trial, Homer dies. If Barney sues in a jurisdiction that allows tort actions to survive the death of one of the parties and Barney wins the suit, Barney will collect:
Correct Even where a cause of action survives the death of the defendant, the plaintiff only collects compensatory damages from the defendant's estate. Therefore, A is the correct answer
Incorrect! Even where a cause of action survives the death of the defendant, the plaintiff only collects compensatory damages from the defendant's estate. Therefore, A is the correct answer
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Barney is walking down the street one day when Homer hits Barney with his car. Barney, who is severely injured, sues Homer for damages that include lost earnings, medical expenses, pain and suffering, and mental distress. During the trial, Barney dies. Barney's heirs want to file a wrongful death suit against Homer. In a jurisdiction that allows "survival" wrongful death suits, Barney's heirs will be allowed to:
Correct In jurisdictions that allow for "survival" wrongful death actions, heirs are allowed to take any suit that the decedent himself might have maintained and enlarge it to include the damages that the heirs have suffered as a result of the decedents' death. Therefore, A is the correct answer.
Incorrect! In jurisdictions that allow for "survival" wrongful death actions, heirs are allowed to take any suit that the decedent himself might have maintained and enlarge it to include the damages that the heirs have suffered as a result of the decedents' death. Therefore, A is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 4
Barney is walking down the street one day when Homer hits Barney with his car. Barney, who is severely injured, sues Homer for damages that include lost earnings, medical expenses, pain and suffering, and mental distress. During the trial, Barney dies. Barney's heirs want to file a wrongful death suit against Homer. In a jurisdiction that allows "true" wrongful death suits, Barney's heirs will be allowed to:
Correct
Incorrect!
Correct
Incorrect!
Correct In jurisdictions that have "true" wrongful death causes of action, the heirs bring a new cause of action for wrongful death that allows for recovery of pecuniary damages suffered by the decedent's relatives. However, the relatives are not allowed to recover for any damages that the decedent would have been entitled to recover for. Therefore, C is the correct answer.
Incorrect! In jurisdictions that have "true" wrongful death causes of action, the heirs bring a new cause of action for wrongful death that allows for recovery of pecuniary damages suffered by the decedent's relatives. However, the relatives are not allowed to recover for any damages that the decedent would have been entitled to recover for. Therefore, C is the correct answer.
Correct
Incorrect!
Question 5
Barney is walking down the street when he is run over by Homer and killed. During the trial for wrongful death, the jury determines that Barney was forty years old at the time of his death, he was making $100,000 a year as a paralegal, he would have worked for another twenty-five years, and he had living expenses of $10,000 per year. The jury also determined that the value of Barney's companionship, support, services and contributions was $2 million. If Barney's heirs win their wrongful death suit, they will recover:
Correct
Incorrect!
Correct Pecuniary damages are measured by multiplying earnings by the remainder of the decedent's work expectancy minus living expenses. So, Barney's salary ($100,000) multiplied by his work expectancy (25 years) comes to $2.5 million. His living expenses ($10,000 per year) over the same twenty-five years comes to $250,000. Subtract the living expenses ($250,000) from Barney's projected earnings ($2.5 million) and you have $2, 250,000. Add the value of Barney's companionship, support, contributions and services and you have $4,250,000 in damages. Therefore, B is the correct answer.
Incorrect! Pecuniary damages are measured by multiplying earnings by the remainder of the decedent's work expectancy minus living expenses. So, Barney's salary ($100,000) multiplied by his work expectancy (25 years) comes to $2.5 million. His living expenses ($10,000 per year) over the same twenty-five years comes to $250,000. Subtract the living expenses ($250,000) from Barney's projected earnings ($2.5 million) and you have $2, 250,000. Add the value of Barney's companionship, support, contributions and services and you have $4,250,000 in damages. Therefore, B is the correct answer.
Correct
Incorrect!
Correct
Incorrect!
Question 6
Barney is walking down the street when he is run over by Homer. Barney, who is severely injured, successfully sues Homer for damages. After the conclusion of the trial, Barney dies from his injuries. In a wrongful death action, Barney's heirs will be entitled to receive:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Regardless as to whether this is a "surviving" or "true" jurisdiction, the heirs will not be allowed to recover for any injuries that Barney recovered for while he was still alive. Because Barney recovered against Homer when he was alive, Barney's heirs cannot recover for wrongful death based on the same injuries. Therefore, D is the correct answer.
Incorrect! Regardless as to whether this is a "surviving" or "true" jurisdiction, the heirs will not be allowed to recover for any injuries that Barney recovered for while he was still alive. Because Barney recovered against Homer when he was alive, Barney's heirs cannot recover for wrongful death based on the same injuries. Therefore, D is the correct answer.
Question 7
Barney and his friend Crusty are tossing a football on Main Street in Springfield. Crusty throws Barney a long pass and Barney, trying to make the catch, runs into the street where he is struck and killed by Homer. In an action for wrongful death against Homer, Barney's heirs will recover:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Under either type of wrongful death statute, any defense that could have been used had the plaintiff lived can be used by the defendant in a wrongful death suit. Therefore, contributory negligence and assumption of the risk will bar recovery for wrongful death and comparative negligence will reduce recovery proportionally. Here, there was contributory negligence on Barney's part so Barney's heirs will be barred from bringing a wrongful death action. Therefore, D is the correct answer.
Incorrect! Under either type of wrongful death statute, any defense that could have been used had the plaintiff lived can be used by the defendant in a wrongful death suit. Therefore, contributory negligence and assumption of the risk will bar recovery for wrongful death and comparative negligence will reduce recovery proportionally. Here, there was contributory negligence on Barney's part so Barney's heirs will be barred from bringing a wrongful death action. Therefore, D is the correct answer.
Question 8
Barney and his son Crusty are tossing a football on Main Street in Springfield. Crusty throws Barney a long pass and Barney, trying to make the catch, runs into the street where he is struck and killed by Homer. Crusty is Barney's only living relative and his sole beneficiary. In an action for wrongful death against Homer, Crusty will recover:
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Contributory negligence of the sole beneficiary in causing the accident that led to the victim's death bars the beneficiary from any recovery. Here, Crusty is Barney's sole beneficiary and he was contributorily negligent because he threw the pass into the street. Therefore, Crusty is barred from recovery and D is the correct answer.
Incorrect! Contributory negligence of the sole beneficiary in causing the accident that led to the victim's death bars the beneficiary from any recovery. Here, Crusty is Barney's sole beneficiary and he was contributorily negligent because he threw the pass into the street. Therefore, Crusty is barred from recovery and D is the correct answer.