Quiz 17: Survival and Wrongful Death

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

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

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

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.

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

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.

MATCHING a.tortious f.common law b.tortfeasor g.tangible c.survival h.Lord Campbell's Act d.personal property tort i.pecuniary e.estate -continuation of a cause of action after the death of the victim or of the alleged wrongdoer

MATCHING a.tortious f.common law b.tortfeasor g.tangible c.survival h.Lord Campbell's Act d.personal property tort i.pecuniary e.estate -decedent's assets and debts

MATCHING a.tortious f.common law b.tortfeasor g.tangible c.survival h.Lord Campbell's Act d.personal property tort i.pecuniary e.estate -capable of being touched or seen

MATCHING a.tortious f.common law b.tortfeasor g.tangible c.survival h.Lord Campbell's Act d.personal property tort i.pecuniary e.estate -"pure" death action

MATCHING a.tortious f.common law b.tortfeasor g.tangible c.survival h.Lord Campbell's Act d.personal property tort i.pecuniary e.estate -judge-made law

MATCHING a.tortious f.common law b.tortfeasor g.tangible c.survival h.Lord Campbell's Act d.personal property tort i.pecuniary e.estate -caused by a tort

MATCHING a.tortious f.common law b.tortfeasor g.tangible c.survival h.Lord Campbell's Act d.personal property tort i.pecuniary e.estate -wrongful damage to movable property

MATCHING a.tortious f.common law b.tortfeasor g.tangible c.survival h.Lord Campbell's Act d.personal property tort i.pecuniary e.estate -one who has committed a tort

MATCHING a.tortious f.common law b.tortfeasor g.tangible c.survival h.Lord Campbell's Act d.personal property tort i.pecuniary e.estate -pertaining to money

Distinguish between personal property and real property.

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

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

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

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