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Claims Terminology & Tort Law Terminology

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Claims Study Guide - Terminology

Question 1 of 38

1

A payment made in advance of the final settlement of a claim. Such payment applies only to certain claims. If claim is later denied, SJA will initiate recoupment action.

Select one of the following:

  • Settlement Authority

  • Claim

  • Final Denial

  • Statute of Limitations

  • Advance Payment

Explanation

Question 2 of 38

1

A computer software program that allows claims offices to electronically adjudicate claims. It also collects data and provides monthly reports that allow legal offices to brief commanders at all levels.

Select one of the following:

  • WEBAFCIMS

  • Claimant

  • Adjudication

  • Authorized Agent

  • Settlement Authority

Explanation

Question 3 of 38

1

A request by the claimant to reevaluate his/her claim.

Select one of the following:

  • Claim

  • Final Denial

  • Military Personnel

  • Appeal

  • Authority to Execute a Claim

Explanation

Question 4 of 38

1

In the event that someone presents a claim, other than the proper claimant, evidence authorizing this action must be included in the claim file. This evidence may be in the form of a power of attorney, court order, or other legal document.

Select one of the following:

  • Appeal

  • Settlement Authority

  • Authority to Execute a Claim

  • Adjudication

  • Authorized Agent

Explanation

Question 5 of 38

1

Applying certain standards and/or procedures to determine the amount payable on a claim, if any.

Select one of the following:

  • Claim

  • Settle

  • Adjudication

  • Appeal

  • Settlement Authority

Explanation

Question 6 of 38

1

Any person or corporation, including a legal representative, with the authority to act on a claimant's behalf. Examples include family members, friends, and attorneys.

Select one of the following:

  • Authorized Agent

  • Civilian Personnel

  • Settlement Authority

  • Advance Payment

  • Military Personnel

Explanation

Question 7 of 38

1

Civilian employee of the US Government who is paid from appropriated or non-appropriated funds. Includes volunteer workers, but not contractors or their employees.

Select one of the following:

  • Military Personnel

  • Claimant

  • Geographic Area of Claims Responsibility

  • Civilian Personnel

  • Settlement Authority

Explanation

Question 8 of 38

1

Any signed, written demand made upon or by the Air Force for the payment of a specific sum. It does not include any obligations that the Air Force acquires in the regular procurement of services, supplies, equipment, or real estate.

Select one of the following:

  • Claimant

  • Settle

  • Final Denial

  • Adjudication

  • Claim

Explanation

Question 9 of 38

1

An individual, partnership, association, corporation, country, state, or territory that files a claim.

Select one of the following:

  • Claim

  • Appeal

  • Claimant

  • Advance Payment

  • Settlement Authority

Explanation

Question 10 of 38

1

The last administrative decision to deny a claim.

Select one of the following:

  • Claimant

  • Settle

  • Adjudication

  • Final Denial

  • Appeal

Explanation

Question 11 of 38

1

The territorial area that an SJA has responsibility for in the event a claim arises.

Select one of the following:

  • Settlement Authority

  • Authority to Execute a Claim

  • Statute of Limitations

  • WEBAFCIMS

  • Geographic Area of Claims Responsibility

Explanation

Question 12 of 38

1

Individual uniformed members of the armed forces.

Select one of the following:

  • Claimant

  • Military Personnel

  • Authorized Agent

  • Settlement Authority

  • Civilian Personnel

Explanation

Question 13 of 38

1

To pay or deny a claim, in full or part.

Select one of the following:

  • Appeal

  • Claim

  • Adjudication

  • Settle

  • Settlement Authority

Explanation

Question 14 of 38

1

The maximum time period in which certain actions can be brought or rights enforced.

Select one of the following:

  • Geographic Area of Claims Responsibility

  • Authority to Execute a Claim

  • Claim

  • Statute of Limitations

  • Final Denial

Explanation

Question 15 of 38

1

Any person authorized to settle claims.

Select one of the following:

  • Authorized Agent

  • Claimant

  • Civilian Personnel

  • Authority to Execute a Claim

  • Settlement Authority

Explanation

Question 16 of 38

1

Money allotted by Congress for a specific purpose. Can only be spent on the purpose(s) for which Congress allotted the funds.

Select one of the following:

  • Nonappropriated Fund Activity

  • Property of the United States

  • Appropriated Funds

  • Tort

  • Debtor

Explanation

Question 17 of 38

1

Damages resulting from an action by the enemy or by the US Armed Forces engaged in, or in immediate preparations for, impending armed conflict.

Select one of the following:

  • Noncombat Activity

  • Personal Injury

  • Incident to Service

  • Combat Activities

  • Proximate Cause

Explanation

Question 18 of 38

1

Rule applied by some states measuring negligence in terms of percentage of liability and limits each party's recovery to the percentage caused by the other party.

Select one of the following:

  • Negligence

  • Contributory Negligence

  • Property Damage

  • Law of the Situs

  • Comparative Negligence

Explanation

Question 19 of 38

1

An agreed settlement to a claim based upon the facts, the law, and the application of the law to those facts.

Select one of the following:

  • Compromise

  • Tort

  • Settlement Agreement

  • Litigation

  • Counterclaim

Explanation

Question 20 of 38

1

When the party presenting a claim contributed to the cause of the accident, some states prohibit that party from recovering any amount, regardless of the degree of his/her negligence.

Select one of the following:

  • Litigation

  • Contributory Negligence

  • Suit

  • Comparative Negligence

  • Third-Party

Explanation

Question 21 of 38

1

When a claim is presented against a party who has already presented a claim.

Select one of the following:

  • Suit

  • Negligence

  • Counterclaim

  • Proximate Cause

  • Tortfeasor

Explanation

Question 22 of 38

1

An individual, partnership, association, corporation, or governmental body (not an instrumentality of the United States) against whom the United States has a claim.

Select one of the following:

  • Tort

  • Property of the United States

  • Scope of Employment

  • Incident to Service

  • Debtor

Explanation

Question 23 of 38

1

A "term of art" that has specific meanings, depending on the statute to which it applies. Under MPCECA, it denotes losses of of goods and/or vehicle. Under FCTA and MCA, means circumstances at time of military member's injury or death are part of duty and neither the member or his/her survivors can be paid as a result.

Select one of the following:

  • Noncombat Activity

  • Incident to Service

  • Scope of Employment

  • Personal Injury

  • Tort

Explanation

Question 24 of 38

1

The law of the area; law of the jurisdiction where the claim arises.

Select one of the following:

  • Property of the United States

  • Third-Party

  • Law of the Situs

  • Settlement Agreement

  • Compromise

Explanation

Question 25 of 38

1

A contest in a court of justice for the purpose of enforcing a right or seeking a remedy.

Select one of the following:

  • Litigation

  • Suit

  • Tortfeasor

  • Counterclaim

  • Proximate Cause

Explanation

Question 26 of 38

1

A failure to act as a reasonably prudent person would under the same or similar circumstances.

Select one of the following:

  • Comparative Negligence

  • Personal Injury

  • Property Damage

  • Negligence

  • Contributory Negligence

Explanation

Question 27 of 38

1

Activities which are not supported by appropriated funds; claims will not be paid from appropriated funds but rather from the funds of that particular activity or insurer.

Select one of the following:

  • Appropriated Funds

  • Noncombat Activity

  • Nonappropriated Fund Activity

  • Combat Activities

  • Counterclaim

Explanation

Question 28 of 38

1

Activity other than combat, war, or armed conflict; activity is particularly military in nature, has little parallel in civilian pursuits, and has been historically considered as furnishing the proper basis for claims.

Select one of the following:

  • Combat Activities

  • Appropriated Funds

  • Nonappropriated Fund Activity

  • Property of the United States

  • Noncombat Activity

Explanation

Question 29 of 38

1

Includes both bodily injury and death.

Select one of the following:

  • Personal Injury

  • Property Damage

  • Negligence

  • Incident to Service

  • Tortfeasor

Explanation

Question 30 of 38

1

Damage to, loss of, or destruction of real or personal property.

Select one of the following:

  • Personal Injury

  • Property of the United States

  • Negligence

  • Property Damage

  • Litigation

Explanation

Question 31 of 38

1

Any property of, or in the service of, the United States.

Select one of the following:

  • Property Damage

  • Incident to Service

  • Property of the United States

  • Scope of Employment

  • Third-Party

Explanation

Question 32 of 38

1

The dominant or primary cause of an injury or loss.

Select one of the following:

  • Personal Injury

  • Negligence

  • Tort

  • Property Damage

  • Proximate Cause

Explanation

Question 33 of 38

1

When Air Force military or civilian personnel act, when expressly directed, implied, or authorized by competent authority. May be considered "in the line of duty."

Select one of the following:

  • Incident to Service

  • Combat Activities

  • Scope of Employment

  • Law of the Situs

  • Noncombat Activity

Explanation

Question 34 of 38

1

A document stating the amount to be paid is acceptable as full and final settlement of the claim and releases the party involved from further liability.

Select one of the following:

  • Compromise

  • Litigation

  • Counterclaim

  • Suit

  • Settlement Agreement

Explanation

Question 35 of 38

1

An action brought against or on behalf of the United States through the civilian court system in an attempt to remedy a claim.

Select one of the following:

  • Litigation

  • Suit

  • Tort

  • Counterclaim

  • Proximate Cause

Explanation

Question 36 of 38

1

A term used to include all persons who are not parties to the contract, agreement, or instrument of writing by which their interest in the thing conveyed is sought to be affected. One not a party to an agreement, a transaction, or an action, but who may have rights therein.

Select one of the following:

  • Tortfeasor

  • Proximate Cause

  • Debtor

  • Third-Party

  • Compromise

Explanation

Question 37 of 38

1

A civil wrong in which one party causes personal injury or property damage to another and may be liable in damages. Must have had duty to do or not to do a certain act, breached/violated that duty, the breach/violation caused or was the proximate cause of the damage, and the breach/violation caused property damage, personal injury, or death.

Select one of the following:

  • Property Damage

  • Suit

  • Negligence

  • Tort

  • Personal Injury

Explanation

Question 38 of 38

1

One who commits or is guilty of a tort.

Select one of the following:

  • Debtor

  • Tortfeasor

  • Proximate Cause

  • Third-Party

  • Negligence

Explanation