The diminished value measure of damages which applies when physical

| March 29, 2017

Question
The diminished value measure of damages which applies when physical harm is done to tangible property is most likely to be applied to which one of the following types of cases?

A

An action for conversion.

B

An action for trespass to chattels.

C

An action for battery.

D

An action for strict products liability.

Which one of the following best states the holding of McDougald v, Garber?

A

The jury must consider damages separately from pain and suffering.

B

Loss of enjoyment of life is a category of damages separate from pain and suffering.

C

Non-pecuniary losses are among those that can be awarded to compensation to the victim.

D

Some degree of cognitive awareness is a prerequisite to recovery for loss of enjoyment of life.

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Which one of the following statements identifies a policy reason for imposing caps on pain and suffering awards?

A

Capping statutes are constitutionally required.

B

Caps on pain and suffering awards discourage attorneys from taking cases where a large portion of their fee will come from an award for pain and suffering.

C

Avoiding a crisis in the affordability and availability of insurance

D

None of the above.

Which one of the following best states the avoidable consequences doctrine?

A

When figuring defendant’s liability, insurance payments already received may not be considered.

B

A plaintiff will be denied recovery to the extent that damages should have been but were not reasonably minimized or avoided.

C

A plaintiff may recover for all losses proximately caused by Defendant.

D

Insurers are entitled to subrogation recovery.

Which one of the following best states the collateral source rule?

A

When figuring defendant’s liability, insurance payments collected by the plaintiff may not be considered.

B

A plaintiff will be denied recovery to the extent that damages should have been but were not reasonably minimized or avoided.

C

A plaintiff may recover for all losses proximately caused by Defendant.

D

Insurers are entitled to subrogation recovery.

Punitive damages

A

may be awarded to deter a tortfeasor.

B

may help finance litigation.

C

may be imposed as a punishment.

D

all of the above are correct.

In State Farm v. Campbell, the U.S. Supreme Court held

A

the jury’s unreasonable, disproportionate award violated the Due Process Clause.

B

absent damage capping legislation, the Court could not substitute its judgment for that of the jurors.

C

there is no substantive due process constraint on punitive awards.

D

the civil process cannot be used to assess criminal penalties.

In Philip Morris v. USA, the court held

A

Evidence of harm to non parties may be admitted to show reprehensibility.

B

Punitive damages may be awarded to punish a defendant for harms caused to nonparties.

C

Harm to nonparties can be considered when computing the amount of a punitive award.

D

A punitive damages award based in part on a desire to punish a defendant for harming nonparties violates due process.

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