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5 Cards in this Set
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- Back
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Assault |
1. Intent to bring about Apprehension (awareness) of a battery or attempted battery... Transferred Intent & Substantial Certainty Rule 2. Reasonable Apprehension (anticipation) of an Imminent battery (a) Imminent = without significant delay (b) ability to carry out (c) P awareness of threat (d) fear not necessary (e) P knows D sensitivity 3. Volition 4. To a Person |
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Battery |
1. Intent: D's purpose/ desire to cause harmful or offensive contact or apprehension of such contact (subjective state of mind). 2. Volition: without D's voluntary act P not harmed 3. Harmful or Offensive Touching: Offensive to a reasonable (objective) sense of personal dignity. 4. Done to a person's body or something closely attached or associated. |
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Intentional Inflection of Emotional Distress |
1. Outrageous conduct: Exceeds bounds of decency /socially tolerable conduct. (a) words alone may suffice (b) special relationship 2. Intent or Recklessness: Purpose or desire to cause emotional distress (a) substantial certainty (b) recklessness high degree of risk of emotional harm D acts in conscious disregard of risk. 3. Severe emotional distress: reasonable person of ordinary sensibilities/ evidence of significant emotional anguish/ Intensity and duration factors /objective evidence not required but helpful/ directed at plaintiff/ Secondary party exceptions: Family members present and presence known by D |
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False Imprisonment |
1. Confinement: Actual or apparent barriers (a) no reasonable means of escape (b) only brief time required (c) Knowledge by P usually required
2. Of a person 3. Causation/ Volition: (a) words alone may be sufficient 4. Intent: Purpose or desire to cause confinement (a) substantial certainty (b) transferred intent |
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d |
d |
