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17 Cards in this Set
- Front
- Back
Intentional torts are distinguished by
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the state of mind of the defendant or nature of the defendant's conduct. The defendant must have acted with the purpose of bringing about the harm that resulted from his/her conduct OR his intentional act must have been substantially certain to cause harm of the nature that it did cause.
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Assault is
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intentionally placing another person in reasonable apprehension of an imminent harmful touching.
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For Assault, the plaintiff must establish all of the following elements:
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1) Defendant’s intentional conduct caused the plaintiff to be apprehensive;
2) Plaintiff was apprehensive concerning a touching; 3) The touching in question was imminent; 4) The touching would have been harmful; and 5) Plaintiff’s apprehension was reasonable. |
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The fundamental characteristic of assault is
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apprehension
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For assault the requirement that the touching plaintiff anticipates must be harmful and not merely offensive because the law is designed to protect
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peace of mind
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Battery
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Battery is the intentional touching of another in a harmful or offensive manner.
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False imprisonment is
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the intentional wrongful confinement or restraint of another person against his or her will
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Confinement means
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to hold someone within a contained space, such as a security office, interrogation room, box buried in the ground, car, etc
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Restraint means
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the use of a) force – such as physical contact, knife to the throat, injection of “knock out “ drug, etc.; or b) a passive means – such as handcuffs, ropes, duct tape, etc. of restricting the plaintiff’s physical movement
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The confinement or restraint must be
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wrongful and against the plaintiffs will
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In merchants defense, the merchant
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The merchant
1) must have probable cause to detain the suspect; 2) may only detain the suspect for a reasonable period of time; 3) must have conducted the detention in a reasonable manner; and 4) must have detained the suspect for the limited purpose of investigation |
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The most important indicator of probable cause in shoplifting is that the suspect has
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at least made it past the cash register without paying for the allegedly shoplifted item.
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A second primary indicator of shoplifting is
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concealment of the item in question
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The meaning of “professional help”
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Psychiatrists, psychologists, social workers, priests, etc., satisfy the professional help requirement
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contributory negligence
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a doctrine that says a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant
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comparative negligence
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a doctrine that says damages are apportioned according to fault
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strict liability
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liability without fault
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