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57 Cards in this Set

  • Front
  • Back
What are the elements of IED?
-Intentional or Recklessly
-Extreme and Outrageous Conduct
-Causal Link to Severe Emo. Distress
-Severe Emo. Distress
What are the elements of battery?
-Intentional
-Contact
-With Another's Person or Around the Body
-that is
-Harmful or Offensive
to a Reasonable Person
-and Harm Occurs
What are the elements of assault?
-Intentional
-Apprehension
-of An
-Imminent Battery

(the battery does not have to occur)
(fear is not necessary)
Must a victim be aware of a battery?
No
Must a victim be aware of an assault?
Yes
What are the elements of false imprisonment?
-Intention
-Confinement
-of Another
-Within Fixed Boundaries
-The Victim is aware (unless harmed)
What must the shopkeeper's privilege meet?
-Reasonable suspicion of theft
-Reasonable manner of detention
-Reasonable amount of time
Must the victim be aware during false imprisonment?
Typically, yes, unless harmed during unconsciousness
Can lethal force be used for defense of others?
Yes
Can lethal force be used for self-defense?
Yes
Specific Intent?
Acting with the purpose of causing the particular consequence
General Intent?
Acting knowing that the consequence is substantially certain to occur
Single Intent
Majority - intent to cause harm or offense that a reasonable person would find harmful or offensive
Dual Intent
Minority - Intent to cause harm or offense knowing the victim will find the harm or offense harmful or offensive
Intentionally means
substantially certain
Recklessly means
Highly probable
Trespass to Chattels
The intentional interference with another's personal property.

Harm is required.
Entire amount not required.
Factors involved, such as amount of time taken, amount of damage, etc.
Trespass to Land
The intentional entering of land in the possession of another.
Conversion
The substantial interference with another's personal property.

Must pay the full market value from the time it was taken.
Children are...
liable for torts; not their parents.

Compared to a reasonable person of similar age, intelligence, and experience, unless they were engaging in a dangerous activity that is normally engaged in by adults
Superior Knowledge
Is a factor, not a higher standard of care
Inferior knowledge
is not taken into account; the "reasonable standard of care" is the basic level of care.
Mentally ill are...
still liable for torts if they can create the requisite intent
Going through another's fence is ...

A) not a trespass
B) a trespass
NOT A TRESPASS

There is no intent
If someone throws you on another's land...
they are responsible for trespass, not you, because of intent
Humiliation and insults are not enough for...
severe emotional distress
Defense of Others
The equivalent of self-defense against unprivileged battery or another tort where one reasonably believes injury will be bestowed upon him.
Defense of Property - use lethal force?
Do not use lethal force. The use of reasonable force against a trespasser of land or other real property.
Consent
the voluntary acquiescence; communication not required. Can be explicit or implied.
Self Defense
A complete privilege; the right to protect oneself from unprivileged battery, or another tort, where one reasonably believes that an immediate battery will be bestowed upon him.
Self defense
to defend oneself against unprivileged harmful or offensive contact (or other bodily harm) which he/she reasonably believes that another is about to intentionally inflict upon him
Recovery of Property
the use of reasonable force to regain a chattel by acting promptly in hot pursuit or within timely discovery of it
If mistaken in recovering property, there is no..
no privilege allowed for mistakes
Negligence elements
Duty
Breach
Causation
Harm
Cannot negate intent by...(4)
-Mistake of fact
-Good faith
-Minority rule (Intent to cause harm)
-mental illness/incapacity
Assault requires
-Awareness
-Immediate harm
Tort liability
a civil wrong for which one can recover a remedy in the form of damages (not punishment)
Children under 5...
are not liable for torts (majority rule)

Minority rule - 7 years of age
Children between 7 and 14...
are liable for torts as compared to a reasonable person with similar age, experience and intelligence
Homeowner's policies cover...
negligence. Not battery.
Pulling a plate away from the NASA guy in Fisher v. Carrousel...
is a battery! Not just an assault.
Public necessity
A complete defense by a public official for the public good. No compensation necessary.
Necessity defense
an incomplete defense.

A defense in which one would have incurred more damage by acting a different way; not liable for a tort but still liable for damages.
Smoking is..
not a battery
If a surveyor says it's your land, and it's really not..
You're still liable for trespass
Conversion must pay the
full market value as valued at the time of taking
Flying above another's land is not..
trespass, unless it is the time period before planes
Constructive knowledge
"should have known"
Throwing a rock over another's property is
a trespass
Trespass through an accident
is not a trespass
False imprisonment requires
-Fixed Boundaries
-No consent
-Consciousness (unless harm occurs)
Battery does not require
touching of the body
or
awareness
Transferred intent
Transfers tort to tort / person to person. Applies to five intentional torts

Trespass to land
Trespass to chattels/conversion
battery
assault
False Imprisonment
IED
is not a transferable tort (unless through negligence)
Physical disabilities
are taken into account for adults
Mental disabilities
are not taken into account for adults but are taken into account for children between 7 and 14.
Apprehension
Awareness/Consciousness/Anticipation