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Survival Actions

Description: Survival Actions Quiz
Number of Questions: 15
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Tags: survival actions torts law
Attempted 0/15 Correct 0 Score 0

What is the primary purpose of a survival action?

  1. To compensate the estate of a deceased person for damages suffered before death.

  2. To punish the defendant for causing the death of the deceased person.

  3. To provide financial support to the deceased person's family.

  4. To deter others from engaging in similar conduct.


Correct Option: A
Explanation:

A survival action is a civil lawsuit that is brought by the estate of a deceased person to recover damages for injuries that the deceased person suffered before death. The purpose of a survival action is to compensate the estate for the deceased person's pain and suffering, medical expenses, and other damages that were caused by the defendant's negligence or wrongful conduct.

Who can bring a survival action?

  1. The deceased person's spouse.

  2. The deceased person's children.

  3. The deceased person's parents.

  4. The deceased person's estate.


Correct Option: D
Explanation:

A survival action can only be brought by the deceased person's estate. The estate is represented by the personal representative, who is typically the deceased person's executor or administrator.

What types of damages can be recovered in a survival action?

  1. Medical expenses.

  2. Pain and suffering.

  3. Lost wages.

  4. All of the above.


Correct Option: D
Explanation:

In a survival action, the estate can recover damages for all of the injuries that the deceased person suffered before death, including medical expenses, pain and suffering, lost wages, and other damages.

What is the statute of limitations for a survival action?

  1. One year.

  2. Two years.

  3. Three years.

  4. Four years.


Correct Option: B
Explanation:

The statute of limitations for a survival action is typically two years from the date of the deceased person's death.

What defenses can a defendant raise in a survival action?

  1. Contributory negligence.

  2. Assumption of risk.

  3. Statute of limitations.

  4. All of the above.


Correct Option: D
Explanation:

A defendant in a survival action can raise any of the defenses that would be available in a personal injury action, such as contributory negligence, assumption of risk, and statute of limitations.

What is the difference between a survival action and a wrongful death action?

  1. A survival action is brought by the deceased person's estate, while a wrongful death action is brought by the deceased person's family.

  2. A survival action seeks to recover damages for injuries suffered by the deceased person before death, while a wrongful death action seeks to recover damages for the family's loss of support and companionship.

  3. A survival action has a shorter statute of limitations than a wrongful death action.

  4. All of the above.


Correct Option: D
Explanation:

A survival action is brought by the deceased person's estate to recover damages for injuries suffered by the deceased person before death, while a wrongful death action is brought by the deceased person's family to recover damages for the family's loss of support and companionship. A survival action has a shorter statute of limitations than a wrongful death action.

In which state did the concept of survival actions originate?

  1. England

  2. United States

  3. Canada

  4. Australia


Correct Option: A
Explanation:

The concept of survival actions originated in England in the 13th century.

What is the main purpose of a survival statute?

  1. To allow the estate of a deceased person to recover damages for injuries suffered before death.

  2. To provide financial support to the deceased person's family.

  3. To punish the defendant for causing the death of the deceased person.

  4. To deter others from engaging in similar conduct.


Correct Option: A
Explanation:

The main purpose of a survival statute is to allow the estate of a deceased person to recover damages for injuries suffered before death.

Which of the following is NOT an element of a survival action?

  1. Death of the plaintiff.

  2. Injury to the plaintiff.

  3. Causation.

  4. Damages.


Correct Option: A
Explanation:

Death of the plaintiff is not an element of a survival action because the action is brought by the estate of the deceased person.

What is the measure of damages in a survival action?

  1. The value of the deceased person's lost earning capacity.

  2. The deceased person's pain and suffering.

  3. The deceased person's medical expenses.

  4. All of the above.


Correct Option: D
Explanation:

The measure of damages in a survival action is the value of the deceased person's lost earning capacity, the deceased person's pain and suffering, and the deceased person's medical expenses.

Which of the following is NOT a defense to a survival action?

  1. Contributory negligence.

  2. Assumption of risk.

  3. Statute of limitations.

  4. Act of God.


Correct Option: D
Explanation:

Act of God is not a defense to a survival action because it is not a defense to a personal injury action.

What is the survival action's relationship to the wrongful death action?

  1. They are mutually exclusive.

  2. They are alternative remedies.

  3. They are cumulative remedies.

  4. They are unrelated.


Correct Option: B
Explanation:

The survival action and the wrongful death action are alternative remedies, meaning that the plaintiff can only recover under one of the two actions.

In which state did the first survival statute originate?

  1. Massachusetts

  2. New York

  3. Pennsylvania

  4. Virginia


Correct Option: A
Explanation:

The first survival statute originated in Massachusetts in 1786.

What is the survival action's relationship to the estate of the deceased?

  1. The survival action is brought by the estate of the deceased.

  2. The survival action is brought against the estate of the deceased.

  3. The survival action is unrelated to the estate of the deceased.

  4. None of the above.


Correct Option: A
Explanation:

The survival action is brought by the estate of the deceased because the action is for injuries suffered by the deceased person before death.

Which of the following is NOT a type of survival action?

  1. Medical malpractice.

  2. Product liability.

  3. Negligence.

  4. Breach of contract.


Correct Option: D
Explanation:

Breach of contract is not a type of survival action because it is not a personal injury action.

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