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38 Cards in this Set
- Front
- Back
What are the elements of assualt?
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1) An act by D creating reasonable apprehension in P;
2) of immediate harmful or offensive contact to P's person; 3) intent 4) causation |
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What are the elements of battery?
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1) Harmful or offensive contact;
2) to P's person; 3) intent; 4) causation |
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How is the offensive element judged for battery?
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According to a reasonable person standard
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What are the elements of False Imprisonment?
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1) An act or omission by D that confines or restrains P;
2) to a bounded area; 3) intent 4) causation |
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What are the methods of false imprisonment?
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1) Physical force
2) physical barriers 3) failure to realease 4) threats of force 5) invalid use of legal authority |
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What are the elements of intentional infliction of emotional distress?
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1) an act by D amounting to extreme or outrageous conduct;
2) intent OR recklessness 3) causation 4) damages - severe emotional distress |
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Factors suggesting extreme or outrageous conduct
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1) continuous in nature;
2) directed towards a certain type of P; e.g., children, elderly, pregnant woman, a supersensitive adult (if sensitivity known to D) 3) common carrier or innkeeper - even for gross insults (held to a higher standard) |
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What are the elements of trespass to land?
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1) physical invasion of P's real property
2) intent 3) causation |
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What are the elements of trespass to chattels?
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1) an act by D that interferes with P's right of possession in a chattel
2) intent 3) causation 4) damages |
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What are the elements of conversion?
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1) an act by D that interferes with P's right of possession in a chattel
2) the interference is so serious that it requires D to pay the chattel's full value 3) intent 4) causation |
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What are the elements of conversion?
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1) an act by D that interferes with P's right of possession in a chattel
2) the interference is so serious that it requires D to pay the chattel's full value 3) intent 4) causation |
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What are the defenses to intentional torts?
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1) consent
2) self-defense 3) Privilege of arrest 4) necessity 5) discipline (of children) |
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What are the types of consent?
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1) express - unless obtained by improper means
2) implied - contact sports, incidental contact 3) by law - e.g., contact is necessary to save P's life |
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What are the elements of self-defense?
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1) D must reasonably believe he/she is about to be attacked
2) D may use such force as is reasonably necessary to protect against injury |
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Is mistake allowed for self-defense?
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Yes, a reasonable mistake as to the existence of danger is allowed
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How much force may be used in self-defense?
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Only the amount of force that reasonably appears to be necessary to prevent harm
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Is defense of others permitted?
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Yes, when the actor reasonably believes that the other person could have used force to defend himself, but only to the extent necessary to protect the other person
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Is a mistake re defense of others permitted?
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Yes, a reasonable mistake is permitted
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Is capacity required to consent to an intentional tort?
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Yes, incompetents, drunks, and small children are incapable of consent
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Is deadly force permitted for defense to property?
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No, unless serious harm to a person, as well as property, is threatened
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May the owner of chattel enter on to land to remove it?
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Yes, there is a privilege to enter land to reclaim a chattel:
1) at a reasonable time 2) in a reasonable manner 3) after first making a demand for its return |
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Is there a privilege for arrest?
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Yes, a party may have the privilege of arrest of a third person.
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Is mistake permitted for the arrest privilege?
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Yes, as follows:
1) misdemeanor - in the case of a breach of the peace and in the presence of D 2) felony - a police officer may make a reasonable mistake re the identity of the felon, but not whether the felony occured |
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What are the two categories of the necessity defense?
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1) public necessity
2) private necessity |
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What is necessity?
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A person may interfere with the personal or real property of another when it is reasonably necessary to avoid injury and the harm is substantially more serious than the invasion undertaken to avert it
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What is public necessity?
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when the action is taken for the public good - no liability
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What is private necessity?
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when the action is undertaken solely to protect a single person or property from injury - the actor must pay for any injury he causes
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What are the four branches of invasion of right to privacy?
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1) False light
2) intrusion on seclusion 3) appropriation of P's picture or name 4) public disclosure of private facts about D |
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What are the elements of appropriation of P's picture or name?
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P must show that D used P's picture or name for commercial advantage, and without permission
Note: this almost always involves a commercial product |
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Intrusion on P's affairs or seclusion
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An act of prying or intruding on private matters, that would be objectionable to a reasonable person
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Publication of facts placing P in a false light
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When D attributes to P views he does not hold or actions he did not take. The false light must include publicity and be objectionable to a reasonable person under the circumstances
Note: if this involves a matter of public interest, D's malice must be proven |
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Is there a causation element for invasion of privacy?
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Yes, the invasion of D's privacy must be proximately caused by P's conduct
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Are there defenses to invasion of privacy?
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Yes, consent, privilege, but truth is NOT a defense
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What are the factors of intentional misrepresentation?
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1) Misrepresentation of a material fact
2) knowing or believing the statement was false or had no basis in truth 3) intent to have P act or refrain from acting in justifiable reliance on the statement 4) causation (actual reliance) 5) damages (actual pecuniary loss) |
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what are the factors of negligent misrepresentation?
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1) Misrepresentation by D in a business or professional capacity
2) breach of duty towards a particular P 3) causation 4) justifiable reliance 5) damages Note: negligent misrepresentation is usually confined to a commercial setting, and must be particular to a certain P |
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What are the elements of malicious prosecution?
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1) institution of criminal proceedings against P
2) termination in favor of P 3) absence of probable cause for prior proceedings 4) improper purpose 5) damages |
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What are the elements for abuse of process?
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1) wrongful use of process for an ulterior purpose
2) a definite act or threat to accomplish the ulterior purpose |
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What are the elements of interference with business relations?
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1) existence of a valid contractual relationship or expectancy between P and a 3rd party
2) D's knowledge of the relationship 3) intentional interference with the relationship 4) damages |