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TORTS: Immunities Stats
Can you name the TORTS: Immunities?
By
BTrainBangorang
10m
36 Questions
27 Plays
27 Plays
27 Plays
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Questions
Answers
% Correct
Under which a government cannot be sued without its consent-
-
still survives all jurisdictions, but most governments have consented, by statute, to suits for many kinds of torts.
Sovereign Immunity
77.8%
The Common Law Notion that 'husband and wife are one' gave rise to this...
Spousal Immunity
18.5%
Parental immunity (Will/
Does Not) apply to intentional sexual torts.
Does Not
18.5%
Parental Immunity (Does Not/
Will) preclude actions for intentional or malicious acts, but protects a stepfather from liability for negligently providing alcohol and objectionable m
Does Not
18.5%
Sovereign or municpal immunity protects governments against being held liable, but it _
_
_
_
_
_
_
_
_
_
_
_
_
_
shield government official and employees from liability for their torts, even
Does Not
18.5%
More than _
_
_
jurisdictions allow a child to sue a parent for Negligent Driving.
Thirty
14.8%
14.8%
The answer to #5 has (1) Withered and lost its appeal, or (2) remains steadfast and jurisdictionally relevant
Withered
7.4%
Under the FTCA, the government (cannot be, loves being) brought to state court.
cannot be
7.4%
Punitive damages are (not allowed/
allowed) under FTCA.
Not allowed
7.4%
The issue with minors suing their parents for negligence is that the minor's recovery permits a _
_
_
_
_
_
_
_
_
_
_
_
_
_
for both the child and the parents being sued.
Mutual Benefit
3.7%
_
_
_
_
_
_
_
_
_
_
are responsible for an 'attractive nuisance' created in the exercise of a proprietary activity...
Municipalities
3.7%
Municipal Immunity is (somewhat limited/
alive and well) compared to Sovereign Immunity
Somewhat limited
3.7%
States are immune from suit under section 1983 but _
_
_
_
_
_
_
_
_
_
are subject to liability for federal violations if a _
_
_
_
_
_
_
_
_
_
employee was carrying out an 'official policy' or cust
Municipalities
3.7%
In homeowner and automobile liability policies, Isurance companies for decdes have included...
Family Member Exclusions
0%
When involving insurance in an action between parent and child, the claim is more likely to...
Preserve the family unit in pursuit of a common goal
0%
When insurance is involved, the action between parent and child is not truly
Adversary
0%
Like Spousal Immuity, the once-
prevalent doctrine that unemancipated minors could not sue their parents for most torts is fading fast or lessening.
Immunity of Parents from Suits by Unemancipated Minor Children
0%
Questions
Answers
% Correct
If a child is permitted to do cartwheels in Baymeadows Rd., the mother cannot be sued for _
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
because one almost always claim that a child's carelessness resulte
Negligent Supervision
0%
The court's discussion in Holytz v. City of Milwaukee, on US v. Old English, municipality may be immune or liable depending upon whether we determine that the particular function i
Proprietary and Governmental
0%
The concern is not solely on the possibility of fictitious tortious actions, rather the concern is that the prospect of financial benefit to the defendant may cause the defendnat t
Forget
0%
In Rousey v. Rousey, what are the two main reasons the court provides supporting Parental Immunity? _
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
and _
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
(1) The need to preseverve domestic tranquility and family unity; and (2) Parental discipline and control might be compromised if chidlren were permitted to sue their parents
0%
Parental Immunity is an outmoded concept and the court in Rousey refused to adopt this doctrine because you cannot sue yourself. How can this be?
The wife and husband are considered one entity
0%
Some courts have justified parental immunity by invoking a fear that litigation between parent and child would _
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
.
Disrupt Family Harmony
0%
What is the Holding of Rousey v. Rousey?
The availability of insurance funds to satisfy a judgment should not determine the viability of an action by a child against a parent (or vice versa), nor should the judgment necessarily be limited to the amount of the insurance policy.
0%
The sovereign is immune because...
They enact the laws
0%
In 1977 the American Law Institute completely rejected general tort immunity between parent and child when it published Rest.2d 895G stating:
(1) A parent or child is not immune from tort liability to the other solely by reason of that relationship; and (2) Repudiation of general tort immunity does not establish liability for an act or omission that, because of the parent-child relationship, is
0%
'The King Can Do No Wrong'
Rex non potest peccare
0%
If the parents of a recently deceased child attempts to obtain a damage award for their loss. This doctrine precludes them from obtaining such award.
Policy against Profiting from Wrongdoing
0%
Why does the doctrine in #21 prevent the parties from obtaining a successful action?
It precludes a negligent party from obtaining any part of a damage award, so that the negligent party will not benefit from his or her wrongdoing
0%
Sovereign immunity by contrast is (somewhat limited/
alive and well) compared to Municipal Immunity
Alive and well
0%
The Federal Tort Claims Act (FTCA) provides, with many exceptions, that
the federal government is liable for its torts 'in the same manner and to the same extent as a private individual under like circumstances.
0%
A broad exception to the FTCA waiver of Federal sovereign immunity is the '_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
_
' exception.
Discretionary Function
0%
Generally speaking under FTCA, the federal government is not liable for
intentional torts committed by its employees, and it is not liable for misrepresentation, or for inference iwth contract rights, or for torts committed in the course of various governmental functions, such as colleting taxes.
0%
The _
_
_
_
_
_
_
_
_
_
_
_
_
_
_
bars tort actions involving injuries to military personnel on active duty, even in peacetime.
Feres Doctrine
0%
Loosely define the Public Duty Rule
the government entity cannot be held liable to an individual for injury resulting from the government's breach of duty.
0%
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