Study your flashcards anywhere!

Download the official Cram app for free >

  • Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off
Reading...
Front

How to study your flashcards.

Right/Left arrow keys: Navigate between flashcards.right arrow keyleft arrow key

Up/Down arrow keys: Flip the card between the front and back.down keyup key

H key: Show hint (3rd side).h key

A key: Read text to speech.a key

image

Play button

image

Play button

image

Progress

1/17

Click to flip

17 Cards in this Set

  • Front
  • Back
Intent - What are the elements
1. D acted with the purpose fo causing the specific outcome
OR
2. D was or should have been substantially certain the specific outcome would occur (RP Test used)
Battery
* Interest Protected?
* 2 main elements
* Personal Space

1. D acts intending to cause harmful/offensive contact to another
AND
2. harmful/offesnive contact directly or indirectly results
Assault

*Interest Protected?
*3 main elements?
*Mental Tranquility

1. D intentionally offers to touch P in rude/angry manner,
2. D creates in P's mind a fear - reasonable apprehension - of battery,
AND
3. there is an apparent present ability in P's mind that D can carry out the battery
False Imprisonment

*Interest Protected
*2 elements
*Methods of restraint
*Physical Liberty

1. intentional physical restraint of a person against his will,
2. no adequate legal justification

*use of physical barriers
*physical force agains person or immediate family
*express or implied threat of immediate force
*retention of preson's property
*failure to provide reasonable means of escape
False Imprisonment

*limitations
*miscellaneous
* confiment must be complete
* threat of future action not enough
* P submits to persuasion - NOT false I
* legal justification if P actually committed crime
* P must be aware/conscious of confinement OR be harmed by it
* P not required to resist
* P must attempt to escape if reas.
Intentional Infliction of Emotional Distress

*3 elements
*intent
1. D's conduct was extreme and outrageous
2. intent to cause severe emotional distress
3. severe emotional distress or physical harm results

Intent difficult to prove; D K/HRTK distress was substantially certain to result
Trespass to Land

*Interest Protected
*2 elements
*compared to Nuisance
*Exclusive Possession of Land

1. unauthorized physical invasion of P's real property
2. intent to be present on land (not intent to cause trespass)

Nuisance - invasion of right to use and enjoy property; not exclusive possession
Trespass to Chattels

*Interest Protected
*3 elements
*exclusive possession of chattel

1. intentional use or intermeddling with chattel
2. chattel belongs to P
3. ... at least one results:
-chattel impaired in condition, value, quality
-P deprived of chattel for sub. time
-harm to person or thing
-dispossession results
Consent
-P had willingness for act (not harm) to occur
-can be implied (from conduct, custom, circumstances) or express
-use RP test for implied
-failure to object? - use RP test
-if P lacks capacity - consent not valid
Self-Defense
-defense against threatened battery only
-once threat ends, privilege ends
-use RP test
-reasonable mistake excused
-P not required to wait for blow to fall
-majority: P not required to retreat
Defense of Others
-originally limited to family members, but not true anymore
-main issue: D used amount of force reasonable under circumstances

Reasonable Mistake:
-if intervenor would have privilege to defend himself - rescuer has privilege
-if rescuer turns out to be aiding aggressor - rescuer liable
--> Intervenor steps into shoes of person he is defending
-some courts say mistake can be overlooked if it was reas. mistake
Defense of Property
1. intrusion is not privileged
2. D reasonably believes intrusion can only be prevented by reas. force
3. D first asked intruder to leave OR believed request would be denied (use RP test for latter)

-value: property < life
-unless intrusion threatens life or limb to occupiers of land
-some courts say ok to use excessive force if clear notice of danger
Recovery of Property
-property obtained by fraud - right to recover without unnecessary violence or br/peace
-privilege limited to force reas. under circumstances
-when not in fresh pursuit, owner no longer has privilege to repossess (must turn to legal remedy)
-K clause giving party privilege of repossession not valid (invites br/peace)
Necessity
-individual rights of property give way to higher laws of impending necessity
-must be clearly shown
Authority of law
-Officer with warrant must act properly, mistake no excuse, officer assumes responsibility for court w/out jursidiction to grant warrant;
-past br/peace arrest ok if it was committed in arrestor's presence
-felony - officer or citizen (but mistaken citizen assumes risk)
-misdemeanor - officer only (if he was present)
-officer liable for excessive force
Discipline
-Parent-Child
1. reas. force and restraint only
2. trend abandoning this immunity

-Teacher-Student
1. reas. force
2. consider age of student, conduct of student, nature of punishment, etc.

MAIN ISSUE - was force reasonable in circumstances?
Justification
-Action reasonable?
-imposed for purpose of preventing another from unlawful conduct?