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Claims Study Guide - Terminology

Description

Claims Terminology & Tort Law Terminology
garc1977
Quiz by garc1977, updated more than 1 year ago
garc1977
Created by garc1977 almost 9 years ago
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Resource summary

Question 1

Question
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.
Answer
  • Settlement Authority
  • Claim
  • Final Denial
  • Statute of Limitations
  • Advance Payment

Question 2

Question
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.
Answer
  • WEBAFCIMS
  • Claimant
  • Adjudication
  • Authorized Agent
  • Settlement Authority

Question 3

Question
A request by the claimant to reevaluate his/her claim.
Answer
  • Claim
  • Final Denial
  • Military Personnel
  • Appeal
  • Authority to Execute a Claim

Question 4

Question
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.
Answer
  • Appeal
  • Settlement Authority
  • Authority to Execute a Claim
  • Adjudication
  • Authorized Agent

Question 5

Question
Applying certain standards and/or procedures to determine the amount payable on a claim, if any.
Answer
  • Claim
  • Settle
  • Adjudication
  • Appeal
  • Settlement Authority

Question 6

Question
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.
Answer
  • Authorized Agent
  • Civilian Personnel
  • Settlement Authority
  • Advance Payment
  • Military Personnel

Question 7

Question
Civilian employee of the US Government who is paid from appropriated or non-appropriated funds. Includes volunteer workers, but not contractors or their employees.
Answer
  • Military Personnel
  • Claimant
  • Geographic Area of Claims Responsibility
  • Civilian Personnel
  • Settlement Authority

Question 8

Question
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.
Answer
  • Claimant
  • Settle
  • Final Denial
  • Adjudication
  • Claim

Question 9

Question
An individual, partnership, association, corporation, country, state, or territory that files a claim.
Answer
  • Claim
  • Appeal
  • Claimant
  • Advance Payment
  • Settlement Authority

Question 10

Question
The last administrative decision to deny a claim.
Answer
  • Claimant
  • Settle
  • Adjudication
  • Final Denial
  • Appeal

Question 11

Question
The territorial area that an SJA has responsibility for in the event a claim arises.
Answer
  • Settlement Authority
  • Authority to Execute a Claim
  • Statute of Limitations
  • WEBAFCIMS
  • Geographic Area of Claims Responsibility

Question 12

Question
Individual uniformed members of the armed forces.
Answer
  • Claimant
  • Military Personnel
  • Authorized Agent
  • Settlement Authority
  • Civilian Personnel

Question 13

Question
To pay or deny a claim, in full or part.
Answer
  • Appeal
  • Claim
  • Adjudication
  • Settle
  • Settlement Authority

Question 14

Question
The maximum time period in which certain actions can be brought or rights enforced.
Answer
  • Geographic Area of Claims Responsibility
  • Authority to Execute a Claim
  • Claim
  • Statute of Limitations
  • Final Denial

Question 15

Question
Any person authorized to settle claims.
Answer
  • Authorized Agent
  • Claimant
  • Civilian Personnel
  • Authority to Execute a Claim
  • Settlement Authority

Question 16

Question
Money allotted by Congress for a specific purpose. Can only be spent on the purpose(s) for which Congress allotted the funds.
Answer
  • Nonappropriated Fund Activity
  • Property of the United States
  • Appropriated Funds
  • Tort
  • Debtor

Question 17

Question
Damages resulting from an action by the enemy or by the US Armed Forces engaged in, or in immediate preparations for, impending armed conflict.
Answer
  • Noncombat Activity
  • Personal Injury
  • Incident to Service
  • Combat Activities
  • Proximate Cause

Question 18

Question
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.
Answer
  • Negligence
  • Contributory Negligence
  • Property Damage
  • Law of the Situs
  • Comparative Negligence

Question 19

Question
An agreed settlement to a claim based upon the facts, the law, and the application of the law to those facts.
Answer
  • Compromise
  • Tort
  • Settlement Agreement
  • Litigation
  • Counterclaim

Question 20

Question
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.
Answer
  • Litigation
  • Contributory Negligence
  • Suit
  • Comparative Negligence
  • Third-Party

Question 21

Question
When a claim is presented against a party who has already presented a claim.
Answer
  • Suit
  • Negligence
  • Counterclaim
  • Proximate Cause
  • Tortfeasor

Question 22

Question
An individual, partnership, association, corporation, or governmental body (not an instrumentality of the United States) against whom the United States has a claim.
Answer
  • Tort
  • Property of the United States
  • Scope of Employment
  • Incident to Service
  • Debtor

Question 23

Question
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.
Answer
  • Noncombat Activity
  • Incident to Service
  • Scope of Employment
  • Personal Injury
  • Tort

Question 24

Question
The law of the area; law of the jurisdiction where the claim arises.
Answer
  • Property of the United States
  • Third-Party
  • Law of the Situs
  • Settlement Agreement
  • Compromise

Question 25

Question
A contest in a court of justice for the purpose of enforcing a right or seeking a remedy.
Answer
  • Litigation
  • Suit
  • Tortfeasor
  • Counterclaim
  • Proximate Cause

Question 26

Question
A failure to act as a reasonably prudent person would under the same or similar circumstances.
Answer
  • Comparative Negligence
  • Personal Injury
  • Property Damage
  • Negligence
  • Contributory Negligence

Question 27

Question
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.
Answer
  • Appropriated Funds
  • Noncombat Activity
  • Nonappropriated Fund Activity
  • Combat Activities
  • Counterclaim

Question 28

Question
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.
Answer
  • Combat Activities
  • Appropriated Funds
  • Nonappropriated Fund Activity
  • Property of the United States
  • Noncombat Activity

Question 29

Question
Includes both bodily injury and death.
Answer
  • Personal Injury
  • Property Damage
  • Negligence
  • Incident to Service
  • Tortfeasor

Question 30

Question
Damage to, loss of, or destruction of real or personal property.
Answer
  • Personal Injury
  • Property of the United States
  • Negligence
  • Property Damage
  • Litigation

Question 31

Question
Any property of, or in the service of, the United States.
Answer
  • Property Damage
  • Incident to Service
  • Property of the United States
  • Scope of Employment
  • Third-Party

Question 32

Question
The dominant or primary cause of an injury or loss.
Answer
  • Personal Injury
  • Negligence
  • Tort
  • Property Damage
  • Proximate Cause

Question 33

Question
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."
Answer
  • Incident to Service
  • Combat Activities
  • Scope of Employment
  • Law of the Situs
  • Noncombat Activity

Question 34

Question
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.
Answer
  • Compromise
  • Litigation
  • Counterclaim
  • Suit
  • Settlement Agreement

Question 35

Question
An action brought against or on behalf of the United States through the civilian court system in an attempt to remedy a claim.
Answer
  • Litigation
  • Suit
  • Tort
  • Counterclaim
  • Proximate Cause

Question 36

Question
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.
Answer
  • Tortfeasor
  • Proximate Cause
  • Debtor
  • Third-Party
  • Compromise

Question 37

Question
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.
Answer
  • Property Damage
  • Suit
  • Negligence
  • Tort
  • Personal Injury

Question 38

Question
One who commits or is guilty of a tort.
Answer
  • Debtor
  • Tortfeasor
  • Proximate Cause
  • Third-Party
  • Negligence
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