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24 Cards in this Set
- Front
- Back
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What are the elements of battery?
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Intent
Contact Contact must offend a reasonable person |
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When a state is single intent with regards to battery, what must you show to prove battery occurred?
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Must show that only the intent to contact another was made... you don't have to intend it to be harmful
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When proving the elements of battery in a dual intent state, what must be proven
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that contact was made and it was made with the intent or with substantial certainty that it would be harmful or offensive
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Transferred intent
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- with all torts
- may refer to a victim (If D intended 1 victim but harmed another) or a tort (if D intended 1 tort but committed another) |
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When does a medical battery occur?
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When the doctor exceeds the scope of consent given by a patiet
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What are the exceptions to medical battery
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if a doctor cannot make a full assessment to incision, the doctor may extend the opertion to remedy the problem, particularly when consent cannot be given
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What are the elements to assault
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Intent to cause IMMINENT apprehension of harm if the threatened battery were completed
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Can words alone be enough to constitute an assault?
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Yes, when paired with acts/circumstances that put the person in imminent apprehension.If there is something that negates the threat, words are not sufficient. ("If you weren't an old man, I would beat you down... the first part of that sentence makes it not an assault")
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What are the elements of false imprisonment?
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Intentionally
no lawful privilege to hold the person Person is held in a limited area for ANY amount of time There must be harm or an awareness of confinement |
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Must damage need to occur for false imprisonment to apply?
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This is a trespassory tort, so no damage needs to actually occur if you are aware of the confinement
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What is the shopkeeper's privilege in regards to false imprisonment?
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There is a reasonable belief that a person has stolen something
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Duration of false imprisonment
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if an arrest or detention are initially justified, that justification can dissipate if it is an unreasonable amount of time
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Trespass to land elements
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-Intent to enter land
Satisfied by the intent to enter, not to “trespass” Satisfied by causing an object to enter property Without the owner's consent o Does not escape liability if he did not mean to cause harm o Does not escape liability if he thinks he had a right to be there |
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Punitive damages without harm for a trespass to land tort
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- generally, P need to show harm done
- damages may be awarded if the trespass was “deliberate” or “malicious” |
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Trespass to chattels elements
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- When ∆ intentionally and without π’s consent, physically interferes with anothers’ chattels
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Are you liable in a case of trespass to chattels when there is no harm done to the condition or value to the chattel?
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No - only liable if there is harm done to the property in condition/quality/value/etc
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What is the time requirement for trespass to chattels under the restatement?
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an owner is deprived of the property for a substantial period of time
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Conversion of Chattels elements
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- will always include a trespass to chattels
D must intend to exercise substantial dominion, determined by: o Extent/duration of control o D’s intent to assert a right to property o D’s good faith o Harm done o Expense/inconvenience caused o Helping someone else convert |
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What are the elements to an IIED claim?
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Intent or recklessness
- intended to cause severe emotional distress - or recklessly disregarded whether π would suffer harm Extreme/outrageous conduct - repeated conduct - abuse of power dynamic - directed at person known to be vulnerable Severe emotional distress - must prove a causal link and that BUT FOR ∆'s acts the π would not have suffered the emotional distress |
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IIED to a 3rd person
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No transfer of intent unless:
o It is aimed at an immediate family member present at the time, even if bodily harm does not occur o Any other person present at the time, if bodily harm does occur |
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Elements of §1983 claim
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- “Any person who under the color of any statute/ordinance/etc subjects or causes a citizen to be deprived of Constitutional rights shall be liable to the injured party”
- requires P to establish that someone acted under the color of law and violated his Constitutional right |
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14th amendment claims to a §1983 claim
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needs to shock the conscience
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Unlawful search and seizure in a §1983 claim
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Remember the cases of the shooting of the dog for no reason or the officer or the officer not allowing the diabetic his orange juice
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Reasons to bring a §1983 claim
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can sue in federal court
can recover attorney's fees can avoid common law defenses |
