Punitive Damages Multiple Choice Flashcards
(8 cards)
Which of the following best describes the reasoning used by the Supreme Court in
holding that excessive punitive damage awards are unconstitutional:
A. Excessive punitive damage awards could constitute cruel and unusual
punishment in some cases
B. Since punitive damages are awarded by judges, an excessive punitive damage
award could violate a defendant’s right to a trial by jury
C. Excessive punitive damage awards are arbitrary and without a rational basis
D. Excessive punitive damages awards violate the due process clause because a
defendant is not given adequate notice of the consequences for the wrongdoing in question
D
A large corporation manufacturers kitchen appliances for home use. One of its
products is a blender with extremely sharp blades-very effective at blending ingredients but potentially dangerous to the user. To prevent injuries, the blender has a safety device that locks the lid when the power is on. A disgruntled employee at one of the manufacturing plants removes the safety device from several of the blenders that come off the production line. A shift supervisor sees him to do it but says nothing. A consumer buys one of the blenders with the safety device removed. The consumer loses three fingers when they are severed because she reached into the blender while it was running. The consumer sues the manufacturer for marketing a defective product and seeks punitive damages. Which of the following is the best argument for why the consumer should not be able to recover punitive damages?
A. The conduct at issue was neither malicious nor oppressive
B. The consumer assumed the risk of injury
C. Imposing punitive damages in this situation would be arbitrary
D. The misconduct was not committed by anyone with authority to manage the corporation
D
Which of the following best describes the Supreme Court guidance regarding
constitutionality of state law punitive damage awards?
A. Punitive damages are an area governed solely by state tort law so the federal
constitution does not apply to them
B. A punitive damages award that exceeds nine times the amount of compensatory
damages awarded will rarely be constitutional
C. A punitive damages award that is more than twice the amount of the
compensatory damages award likely violates the Due Process Clause
D. Punitive damages cannot be awarded unless they are specifically requested in
the complaint
B
The family of a victim killed by gun violence sues the gun manufacturer for
marketing an unreasonably dangerous product and for fraud. The family seeks compensatory and punitive damages. Regarding punitive damages, the court instructs the jury, “In calculating the appropriate amount of punitive damages, you may consider both the harm the defendant caused to the plaintiffs in the case, as well as the harm caused to other victims of gun violence.” The jury awards the family $1,000,000 in compensatory damages and $6,000,000 in punitive damages. The defendant appeals the award of punitive damages. What is the most likely result?
A. The punitive damages award will be affirmed because the amount is within the
range that is considered constitutionality reasonable
B. The punitive damages award will be affirmed because it is not grossly excessive
C. The punitive damages award will be reversed because it is disproportionate to the amount of compensatory damages and therefore violates due process
D. The punitive damages award will be reversed because the jury instruction given
by the court violates due process
D- how does it violate due process?
Which of the following is true about punitive damages?
A. Punitive damages are generally not available for breach of contract
B. Punitive damages ensure complete compensation for the victim of a tort
C. Punitive damages are specifically referenced in the federal constitution
D. Punitive damages do not serve as a deterrent for bad conduct
A
An insurance company with assets over a billion dollars engages in a pattern of bad faith tactics to avoid paying meritorious claims. One of the people it insures who had such a claim that was not paid files a lawsuit against the insurance company. The insured seeks compensatory and punitive damages. At trial the jury finds that the plaintiff suffered severe emotional distress and awards emotional distress damages of $1,000,000. The jury also finds the insurance company acted with fraud, malice, and oppression. What is the largest amount of punitive damages the jury can permissibly award?
A. $9,000,000
B. $5,000,000
C. $1,000,000
D. The amount depends on the degree of reprehensibility of the defendant’s
conduct
D
Jon borrows car from how friend Phil. Phil knows the car’s brakes don’t work well- in fact, Phil has caused several accidents that have injured people because the brakes malfunctioned. Phil does not say anything to Jon about the brakes. Jon takes the car and drives away very fast, 25 miles per hour over the posted speed limit. A pedestrian darts into the street directly in front of the car, and Jon slams on the brakes. But they malfunction and the car hits the pedestrian, causing severe injuries. In the pedestrian’s lawsuit against Jon, what is the best argument that punitive damages should not be imposed?
A. Jon’s conduct was not intentional nor in conscious disregard of a known risk
B. Imposing punitive damages would violate due process
C. Punitive damages are unnecessary to fully compensate the victim
D. The collateral source rule precludes punitive damages here
A
What is the purpose of punitive damages?
A. To ensure complete compensation for a tort victim
B. To punish wrongdoers and deter future misconduct
C. To make torts cases more lucrative for attorneys and incentivize plaintiffs to
bring lawsuits for egregious misconduct
D. To punish corporate defendants and other high net worth defendants
B
