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19 Cards in this Set

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  • Back
Battery is:
an (INTENTIONAL) act that causes (HARMFUL OR OFFENSIVE TOUCHING) to the victims person. Act must be (VOLUNTARY).
Assault is:
an (INTENTIONAL) act that causes a (REASONABLE APPREHENSION) of (IMMINENT) (HARMFUL OR OFFENSIVE CONTACT). Act must be (VOLUNTARY)
False Imprisonment is:
an (INTENTIONAL) act that causes one to be (CONFINED OR RESTRAINED) TO (A BOUNDED AREA). Act must be (VOLUNTARY).
Trespass to Land is:
the (INTENTIONAL, UNAUTHORIZED,) and (VOLUNTARY) entry of a person or thing on land in the procession of another.
Trespass to Chattels is:
an act that (INTENTIONALLY INTERFERES) with the (POSSESSORY INTEREST) of another's (PERSONAL PROPERTY), which results in (DAMAGE).
IIED
Intentional Infliction of Emotional Distress
A volitional act of
extreme & outrageous conduct that intentionally or recklessly causes severe mental distress
to victim
Conversion
an intentional exercise of dominion or control over a chattel which so seriously interferes with the right of the owner to control it that full value of chattel must be paid to owner
Elements of Negligence:
#1 - #6
DUTY
Standard of Care
Breach of Duty
Cause-in-Fact & Proximate Cause
Damages
DUTY
a legally recognized relationship between parties
Standard of Care
4 types
1. reasonably prudent person (objective)
2. children standard
3. Statutory standard
4. Professional standard
Breach of Duty
Failure to meet standard of care
Cause-in-Fact
P's harm must have the required nexus to the defendants breach of duty
Proximate Cause
there are no policy reasons to relieve the D's liability
Damages
P suffered a cognizable injury
Defense -Public Necessity
One may injure the property of another to prevent the substantial greater harm to the public. This excuses liability from Trespass to land tort and damage caused by trespass.
Defense -Private Necessity
One may injure the property of another to prevent the substantial greater harm to himself or his property. This excuses liability from Trespass to land tort, but the liability for damage caused by trespass remains in tact.
Defense -Self Defense
REASONABLE FORCE can be used where one REASONABLY BELIEVES such force is NECESSARY to PROTECT ONESELF from IMMEDIATE HARM.
Defense -Consent
1
Defense -Defense of Others
1