Street Law: A Course in Practical Law

Chapter 22: Torts and Public Policy

Student Self-Assessment Quizzes

Which principle of public policy should tort law serve?
A)Tort law should compensate persons who are injured in a prompt and efficient way.
B)Tort law should compensate persons who are injured regardless of whether the other party is at fault.
C)Tort law should deter conduct that happens occasionally.
D)Tort law should provide a livelihood for attorneys.
Which of the following is an example of tort reform targeting the process of settling cases?
A)placing a limit on how much a plaintiff can recover
B)capping the amount that an attorney can earn for any one case
C)shortening the time that a plaintiff has to bring a tort suit
D)sending the parties to mediation
Those who support the current tort system make which of the following arguments?
A)90 percent of all tort cases are resolved without going to trial.
B)Attorneys get too much of the money awarded to plaintiffs.
C)The average damage award in tort cases exceeds $200,000.
D)The injured party receives compensation for a loss even if the defendant is not at fault.
The U.S. Supreme Court has ruled that punitive damages are
A)unconstitutional since plaintiffs are awarded damages that are not related to their injuries.
B)constitutional in cases where a jury decides to award them.
C)constitutional unless they are grossly excessive.
D)unconstitutional in tort suits.
Critics of tort reform cite which of the following reasons for their displeasure?
A)There are too many lawyers in the United States.
B)Only defendants who have harmed plaintiffs should ever have to pay money.
C)The media exaggerates how much money is awarded in tort suits.
D)Civil courts take too long to resolve disputes.
In analyzing whether a $2 million punitive damage award in a case involving $4,000 in actual damages, the U.S. Supreme Court considered the
A)Eighth Amendment ban on cruel and unusual punishment.
B)Fourth Amendment ban on unreasonable seizures.
C)Fourteenth Amendment requirement of due process.
D)Fifth Amendment requirement of just compensation before a governmental taking.
A tort reform strategy to change the outcome of tort cases includes
A)asking the parties whether they have tried to settle the case.
B)limiting damages awarded for pain and suffering.
C)sending the parties to mediation.
D)none of the above.
Ideally, a tort system should
A)protect the safety of consumers at all costs.
B)sensibly balance safety and cost.
C)give consumers access to all possible goods and services regardless of testing.
D)require that goods and services be absolutely safe before allowing them on the market.
Which of the following arguments supports legislation banning the use of handheld cell phones while driving?
A)Police have been able to catch drunk drivers faster because of calls from cell phone users.
B)Emergency vehicles have been able to save lives because of cell phone calls from drivers.
C)Most states do not collect data on whether cell phones are in use when investigating accidents.
D)Cell phone use has caused accidents.
Which of the following arguments can be used to oppose legislation banning cell phone use while driving?
A)The answer is common sense, not passing more laws.
B)50 percent of drivers have cell phones in their vehicles.
C)80 percent of cell phone owners keep their cell phones on at least some of the time while they are driving.
D)Cell phones use has caused accidents.
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