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Tort Law Chs. 14, 15, 16 (Fall 24)

Across
If a loss caused by two or more tortfeasors is indivisible, or cannot be apportioned among the defendants, the tortfeasors bear ____ liability. (Identifying such a situation in a hypothetical, and how damages in such a case might be apportioned, would be a good essay question.)
Proponents of tort reform argue that increased tort liability has increased the practice of ___ medicine.
The concept of respondeat superior applies to negligent torts, intentional torts, and strict liability claims. The employee must be acting within the _____ and in furtherance of their employment for the employer to be vicariously liable for their actions. (A hypothetical requiring determination of whether the employer would be vicariously liable would be a good essay question.)
An employer can even be vicariously liable for an action that they have specifically ____ the employee from engaging in, if that action was done within the scope and in furtherance of the employment.
Dr. John Hasnas believes that we are better off with the dynamic but imperfect system of the ___ law.
Parents can be held liable for the intentional torts of their children under statutes that impute liability to the parents under a theory of ______ supervision.
Where there is joint and several liability, a defendant who pays more than his pro rata share of damages is entitled to _____, or partial reimbursement, from other defendants.
The goal of classical reformers was to create rules in the tort system that favored ___.
Whether one is considered an independent contractor or an employee for the purpose of determining whether vicarious liability applies usually comes down to a question of the level of ______ the employer has over the work of person in question.
Tort law exposes incompetence, corruption, and other forms of ___.
The doctrine of ______ superior makes an employer vicariously liable for the tortious conduct of its employees.
Litigation rates are not significantly ___ in the US than they are in other industrialized countries.
The goal of reformers in the Progressive Era was to create rules in the tort system that favor ___.
A joint tortfeasor who agrees to ___ another joint tortfeasor accepts all financial responsibility on behalf of that tortfeasor.
Under the rule of joint and several liability, each joint ___ can be held responsible for the entire harm or any designated portion of the harm, and the plaintiff may recover from one or all of the joint tortfeasors, though limited in total recovery by the total amount of damages.
Down
As a general rule, with some exceptions, one is not vicariously liable for the tortious ____ of an independent contractor.
Under the collateral ___ rule, the tortfeasor is prevented from benefiting from insurance protection the plaintiff has obtained.
Tort reform ___ does not necessarily prevent runaway verdicts.
___ to the general rule that one who hires an independent contractor is not liable for their torts include: an employer who is negligent in dealing with an independent contractor (failure to hire a reputable one or failure to inspect their work); delegation of a nondelegable duty; contracting for the performance of an illegal activity; hiring independent contractors to carry out activities that involve risks requiring more than ordinary precautions, where those risks are recognizable in advance.
Current day tort __ claim that Americans are too litigious.
______ liability is the doctrine under which one individual is held liable for the tortious acts of another.
Dr. John ___ attributes the decline in jury verdicts to jurors' awareness of the effects that large awards in automobile cases can have on their insurance premiums.
___ tortfeasors are two or more persons who act in concert to produce a negligent or intentional tort.
Those who argue that the tort system is too ___-oriented point to the expansion of strict liability and the adoption of comparative negligence.
Personal injury claims have experienced little or no ___ since 1986.