Tort Law

Front 1

What is a tort generally?

Back 1

When an actor 1 acts 2 with the required level of culpability 3 to cause harm to the victim, the law will provide the victim with a civil remedy against the actor.

Hint 1

3

Front 2

In tort law, what is an act?

Back 2

An act of commission or an act of omission

Hint 2

2

Front 3

What is an act of commission?

Back 3

A voluntary act or movement of the body that produces a discernible effect or is the external manifestation of the actors well i.e. not an involuntary muscular contraction

Front 4

What is an act of omission?

Back 4

When a person fails to act… Provided that the law imposes an affirmative duty to act

Front 5

What does culpability mean?

Back 5

An actor’s mental state

Front 6

What are the mental states?

Back 6

Intent, recklessness, and negligence

Hint 6

3

Front 7

What is intent?

Back 7

Acting with purpose of causing a particular result with the substantial certainty that the act will cause a particular result

Front 8

What is recklessness?

Back 8

Consciously disregarding and unreasonably high risk

Front 9

What is negligence?

Back 9

Feeling to exercise reasonable care and in doing so harming a victim

Front 10

To recover a tour what do you generally need to prove?

Back 10

A defendant’s action caused a harm

Front 11

What is the definition of intentional torts against persons?

Back 11

Acting with intent to do something or bring some thing about that causes harm

Front 12

What are the major intentional torts against persons?

Back 12

Battery, assault, intentional infliction of emotional duress, and false imprisonment

Hint 12

4

Front 13

What can intent mean?

Back 13

Purpose or substantial certainty

Hint 13

2

Front 14

What is substantial certainty?

Back 14

Awareness that a particular outcome is virtually certain to result

Front 15

What is the eggshell skull plaintive rule?

Back 15

You could be liable for the full extent of harm caused by a tort even at the severity of the harm due to the victims in a condition of vulnerability could not have possibly been foreseen

Front 16

What is transferred intent?

Back 16

When you intend to commit one torte, but end up committing either another torta or the same torte against a different person or a different sort against a different person

Front 17

What intentional torts can transferred intent apply to?

Back 17

Assault, battery, Folsom prison meant, trespass to land, and trespass to chattels

Hint 17

5

Front 18

What are the elements of battery?

Back 18

Intentionally causing harmful or offensive contact to another person

Hint 18

3

Front 19

In battery, what constitutes physical contact?

Back 19

Direct contact, indirect contact, or remote contact

Hint 19

3

Front 20

What is direct contact?

Back 20

Contact me directly from defendant a victim

Front 21

What is indirect contact?

Back 21

Contact with something immediately connected to the body of the victim

Front 22

What is remote contact?

Back 22

Using an object to make physical contact with the victim

Front 23

What is harmful contact?

Back 23

Impairing someone’s physical condition or causing physical pain or illness

Front 24

What is offensive contact?

Back 24

It’s the kind of contact that within a reasonable person

Front 25

What is the role of consent in battery?

Back 25

It is a complete defense

Front 26

Describe the reasonable person standard of offensive contact.

Back 26

An act would only be offensive if not warranted considering the social customs and you suggest prevailing at the time and place to conduct occurs

Front 27

If a person is unusually sensitive to particular conduct, it is only considered if the actor deliberately exploits the victims unusual sensitivity

Back 27

If a person is unusually sensitive to particular conduct, it is only considered if the actor deliberately exploits the victims unusual sensitivity

Front 28

Is awareness of contact required in battery?

Back 28

No

Front 29

What are the elements of assault?

Back 29

Overt physical act that is intended to cause the victim a reasonable apprehension of a media battery

Front 30

If a battery attempt is failed what does it usually constitute?

Back 30

Assault

Front 31

What is the meaning of reasonable apprehension?

Back 31

That’s a victim actually and reasonably believes that the actor has the ability to carry out the anticipated battery and will in fact do so

Front 32

What is the meaning of imminent battery?

Back 32

The victimless apprehend an immediate battery meaning that some thing happening in the future does not constitute imminent battery

Front 33

What does confinement within a bounded area mean?

Back 33

Freedom of movement is restricted in all directions

Front 34

What are ways to confine a victim in false imprisonment?

Back 34

Physical restraints, threats, a false pretense of unlawful authority, or preaching of a duty to release

Hint 34

4

Front 35

What is the definition of physical restraint under false imprisonment?

Back 35

Actual or apparent physical barrier

Front 36

What type of threats can be used under false imprisonment?

Back 36

That’s a force against the victim, threats of force against a person close to the victim, threats are use of force against property, use of embarrassment or public humiliation

Hint 36

4

Front 37

What is the definition of false pretense under false imprisonment?

Back 37

Falsely claiming to have legal authority so that the victim submits to asserted authority

Front 38

What is a breach of duty to release under false imprisonment?

Back 38

When a victim has been largely confined but the lawful term of confinement has ended before the release of the victim

Front 39

What is the duration standard for false imprisonment?

Back 39

Any appreciable length of time

Front 40

What is the role of lawful authority in false imprisonment?

Back 40

The actor can find the victim without legal privilege or authority

Front 41

What is the shopkeepers privilege?

Back 41

A shopkeeper may detain a person for a reasonable amount of time in a reasonable manner if you reasonably believes that someone is shoplifting or attempting to shoplift

Front 42

What are the elements of intentional infliction of emotional duress?

Back 42

Engaging in extreme and outrageous conduct with intention or recklessness causing the victim to suffer extreme emotional duress

Hint 42

3

Front 43

What constitutes extreme and outrageous conduct for IIED?

Back 43

Conduct that goes beyond the bounds of human decency or what a civilized Society would regard as atrocious and totally intolerable

Front 44

What are the factors of extreme and outrageous conduct?

Back 44

Abuse of power, abuse of special relationship of trust and confidence, repetition or pattern of conduct, vulnerable classes, public humiliation, racial or ethnic bias, deliberately exploiting a particular sensitivity

Hint 44

7

Front 45

What is an intentional tort against property?

Back 45

Torts involving infringement upon property rights

Front 46

What are the major intentional torts against property?

Back 46

Trespass to land, nuisance, conversion, and trespass to chattels

Hint 46

4

Front 47

What are the elements to trespass to land?

Back 47

Intentional and unlawful physical entry onto real property in possession of another

Hint 47

4

Front 48

With trespass to land, what constitutes intentional entry?

Back 48

Voluntary entry

Front 49

In trespass to land, what constitutes unlawful entry?

Back 49

Without consent or other legal privilege

Front 50

What constitutes physical entry with trespass to land?

Back 50

Physical object i.e. not light, sound, or smells

Front 51

What is direct physical entry in regards to trespass to land?

Back 51

Your own body or something intimately connected with you

Front 52

What is indirect physical entry in regards to trespass to land?

Back 52

Causing a chain reaction that causes some other object to trespass

Front 53

What does property of another mean in trespass to land?

Back 53

You don’t have to know that it’s not your property as long as it’s legally someone else’s

Front 54

What are the elements of conversion?

Back 54

Intentionally exercising control over the personal property of another and thus seriously interfering with the others promissory rights

Front 55

What does intentionally exercise control of mean in conversion?

Back 55

Intent to do gnats that happens to interfere with the property rights of another even if mistaken

Front 56

What are the ways that you can interfere with the superior right of control to another’s property?

Back 56

Destruction, misdelivery, fundamental alteration, use beyond the scope of consent, acceptance of converted chattel, retention after lawful possession expires

Hint 56

6

Front 57

What does acceptance of converted chattel mean?

Back 57

Excepting chattel knowingly or inadvertently that was stolen or otherwise converted

Front 58

What constitutes serious interference under conversion?

Back 58

Extent and duration of control, intent to interfere with victims rights, extent of interference, harm to chattel, inconvenience and expense to victim

Hint 58

5

Front 59

What are the elements to trespass to chattels?

Back 59

Intentionally interfering with someone else’s right of possession of chattel in a manner not sufficiently serious to justify forcing the actor to pay the full value

Hint 59

4

Front 60

What are the defenses to intentional torts?

Back 60

Consent, self-defense, necessity, duress, defense and recapture of property, and parental privilege to discipline and control children

Hint 60

6

Front 61

Is consent a defense to all intentional torts?

Back 61

Yes

Front 62

What are the requirements of consent?

Back 62

Informed, voluntary, and given by someone with legal capacity

Hint 62

3

Front 63

What does not count as informed consent for defense of intentional torts?

Back 63

Based on mistake and actor is aware of mistake and mistake relates to the nature is the risk or harm

Front 64

We’re talking about capacity for consent what are things you can’t be?

Back 64

Underage or mentally deficient

Front 65

What are the types of consent?

Back 65

Express and implied

Hint 65

2

Front 66

What is express consent?

Back 66

Explicit and unambiguous oral or written consent

Front 67

What is implied consent?

Back 67

Implied from conduct in light of the surrounding circumstances or implied by law

Front 68

What does consent implied by law consist of?

Back 68

Emergency situations, preventing harm to another person a.k.a. good Samaritan

Front 69

What are the elements of self defense and defense of others?

Back 69

Physical force against another person if the actor reasonably believes the force to be necessary to defend either himself or someone else against the actual or eminent use of unlawful physical force or confinement

Front 70

What is the proportionality requirement under self-defense and defense of others?

Back 70

Excessive force is forbidden (you must not use more force that is reasonably necessary to defend yourself)

Front 71

When is deadly force permitted?

Back 71

To prevent death, serious bodily injury, or specific felonies

Front 72

To use self-defense or defense of others you have to have an honest and reasonable belief but what if you’ve made a mistake?

Back 72

Even if you’ve made a mistake as long as it is honest and reasonable you’re still allowed to use that defense

Front 73

To use self-defense against someone else that person must be trying to commit what kind of physical force?

Back 73

Unlawful

Front 74

If property is in the process of being taken, may you use force?

Back 74

Yes

Front 75

If property has already been taken and you are trying to reclaim it, may you use force?

Back 75

No

Front 76

What type of force are you allowed to use to defend or recapture property?

Back 76

Reasonable force under the circumstances and no greater

Front 77

What are the rules for trespassing to recapture converted channel?

Back 77

It must be at a reasonable time in a reasonable manner and not bridge the piece or use force nor remain longer than is reasonably necessary