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55 Cards in this Set
- Front
- Back
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What are the two elements for battery?
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(1) harmful or offensive contact
(2) with P's person |
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What constitures "offensive" touching?
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unmpermitted touching
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In battery, does D's person have to be involved?
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No
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In battery, must the contact be immediate?
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No; may be indirect
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What are the two elements of assault?
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(1) D places P in reasonable apprehension
(2) of an immediate battery |
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What is "reasonable apprehension"?
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knowledge that P may be touched impermissibly
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What if D is acting threateningly bat can't carry out a battery? Is it still assault?
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Look at it from P's POV
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What are the two elements of false imprisonment?
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(1) act of restraint
(2) confinment in a bounded area |
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Can threats or omissions constitute an act of restraint?
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Yes; omission can be if there's a pre-existing duty to act.
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What about escape from a bounded area?
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If it is a reasonable means of escape, it's not "bounded"
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What are the two elements of IIED?
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(1) D must achieve goal by engaging in outrageous conduct
(2) P must suffer severe resulting distress |
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What is "outrageous" conduct?
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it exceeds all bounds of decency tolderated in a civilized society?
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What are some "plus" factors that may make conduct outrageous?
(three) |
(1) D's behavior is repeated
(2) common carrier/inkeeper (3) P is a member of a fragile class (child, elderly, pregnant women) |
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If P is hypersensitive, can conduct against him be considered outrageous?
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Only if D know about a certain emotional weakness: exploitation of known sensitivity
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What is the intent required for trespass?
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getting to the challenged land on purpose
no intent to cross a property line is necessary |
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What are the two elements for trespass to land?
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(1) physical invasion
(2) on land |
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What is "land" for purposes of trespass?
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air above and soil below at a reasonable distance
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What constitutes "physical invasion" for purposes of trespass on land?
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enter land or throw/propel tangible objects
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What are the elements of trespass to chattels and conversion?
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deliberate damage/theft to personal property that is NOT house or land
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What is the difference between trespass to chattels and conversion?
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small harm = chattels
large harm = conversion |
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What is the difference in remedies for trespass to chattels and conversion?
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chattels = P gets cost of fixing
conversation = P gets full market value of the item |
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What is the exception to the defense of expres consent?
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obtained throgh duress or fraud
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What are the two types of implied consent?
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(1) useage/custom (e.g., sports activities)
(2) apparent |
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What is apparent implied consent based on?
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D's reasonable interpretation of objective conduct
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For defense of persons and property, when must the threat take place?
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imminent/in progress
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Will a reasonable mistake destroy a protective privilege (defense of self/others/property)?
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No - need only a reasonable belief to have the privilege, so a reasonable mistake won't destroy it.
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shopkeeper's privilege
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may retain a shoplifter to get back goods, but can only use the amount of reasonable force necessary under the circumstances
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When is the use of force okay in a defense situation?
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only in life-threatning situation, but NOT for property
Note: can't use mechanical traps w/ excessive use of force on property |
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public necessity
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D invades P's property in an emergency to protect the community or a significant group of people
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Is the public necessity defense absolute?
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Yes
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private necessity
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D invades P's property in an emergency to protect an interest of D's own
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Is the private necessity defense absolute?
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No
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What are the three possible legal consequences for asserting the private necessity defense?
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(1) pay for actual harm inflicted
(2) not liable for nominal/punitive damages (3) as long as emergency continues, D can remain on O's land |
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In a private necessity defense case, may P violate D's right of sanctuary?
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No -- if he does, he is liable for a subsequent tort against D b/c of the emergency
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In a defamation claim, what constitures a defamatory statement?
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adversely affects P's reputation
need an allegation of fact P must be living |
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In a defamation claim, what is the standard for publication?
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a single third person
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In a defamation claim, what is the level of intent necessary?
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negligence
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What are the four categories of slander per se?
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(1) about P's business/profession
(2) that P has committed a crime of moral turpitude (3) imputing unchastity on a woman (4) that P suffers from a loathsome disease (leprosy and VD) |
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What must be shown by the P in a case that is slander not per se?
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economic harm
not enough to show emotional/social harm |
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In a defense of truth against defamation, is a good faith belief that the statement was true enough?
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no
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In a defamation case, what are the two types of absolute privilege defenses?
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(1) married couple
(2) officers of three branches of government (in jud, this includes lawyers, parties, witnesses) |
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What is the qualified privilege in defamation cases?
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occasions where speech is socially useful and we want to encourage candor
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What are some examples of the qualified privilege?
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letter of recommendation
police investigations creditor saying something to prospective creditor |
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What are the two things an individual must have or have done in order to assert a qualified privilege defense in a defamation case?
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(1) easonable basis for anything said
(2) speech must have been limited to relevant information |
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What's up with Massachusetts and public concern?
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It follows the public concern approach in almost all cases, even in private cases; it treats every case like a matter of public concern
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Appropriation/Right of Publicity
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use of P's name/picture for commercial purposes w/o P's permission
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What is the exception to appropriation?
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newsworthiness
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What are some examples of the "commercial purposes" required for appropriation?
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packaging
advertising trademark |
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Intrusion
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invasion by D of P's seclusion, objectionable to an average person
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Must there be a trespass in intrusion?
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No
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False Light
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widespread dissemination of a major misrepresntation about P, objectionable to the average person
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Disclosure of Private Facts
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widespreadh dissemination of private information about P, objectionable to the average person
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Which privacy torts is consent a defense to?
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All of 'em
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Which privacy torts is the absolute/qualified privilege a defense to?
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false light and disclosure of private facts
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In the context of disclosure of private facts, what is the dual life limitation?
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If P operates publicly in two spheres and wants to keep them separate, his claim is not actionable if the underlying facts aren't private
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