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30 Cards in this Set

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Reasoning consists of
Rules
Facts
Intent
3 Basic Elements:
- state of mind (takes place in the mind)
- consequences of act (not act intself)
- has belief of consequences to come from that act
-
State of Mind
(INTENT)
about consequences of an act and not the act itself.
the purpose or desire
Knowledge to a substantial certainty
Knowledge to a substabtial certainty
If you CANT prove intent - less strenuous than proving purpose or desire
To cause a battery
One does not have to touch a person but physical contact with directly atattched part connected to person does suffice.
extenstion of the body
ex. if you grab someone's umbrella rudely from them. This can be seen as a battery
Rule of Case
On is liable for damages regardless of good faith.

** Good faith is not a vaid defense to claim innocence
Intent can exist without...
purpose or desire
unless someone admits it - there is no way to tell the person had purpose of desire.
Intent MUST include...
Knowledge or belief to prove intent.

ex. intentional tort that requires malice.
Neither of these are necesaary in intent...
Malice and Motive
Fault
An error or defect of judgment or of conduct, any deviation from pridence or duty resulting from inattention, incapacity, perversity, bad faith, or mis-management.
(See negligence of liability)
Transferred intent
a type of intent in which the state of mind of the defendant in transferred to another person or another intentional tort.

* Take it from one circumstance and apply to another.
Rest Sec 42
false imprisonment
False imprisonment is not suffered unles its victim knows the invasion/imprisonment is occuring OR is harmed by the imprisonment

without either there is NO TORT
Physical harm
bodily harm, any physical imparrment of another's body or physical pain or illness.
Emotional harm
offends a reasonable sense of personal dignity (in you mind)
Battery
1. there has to be an act - something done or performed; and a cause - something that produces and effect or result
2. intent - a state of mind
3. offensive or harmful contact - make some touch to another person / or immenant apprehension
4. indirectly or directly results - prove that the act CAUSED the harm
Causation
Process by which A brings about B

(Not so simple in criminal law so don't assume this definition always)
Nominal damages
recovery not for physical injury or damages but beyond/instead/aside from that; damages in name only
but receive damages regardless

does not bring you back to original state... goes beyond that
Actual damages
collect for injury incured, physical or mental. To bring you back to where you were before the tort.
Apprehension
1. seizure in the name of the law, arrest - physical
2. Perception, comprehension
3. fear, anxiety

** a belief
*** fear is not necessaryily required - need anticipation (if you anticipate you apprehend)
Immenant Apprehension
soon "fear"
anticipation of an immediate touch
exemplary damages
make an example of you

collect in order to punish and show why you don't do something.
False imprisonment
definition
the direct restraint of one person of the physical liberty of another without adequate legal justification.
Intention Infliction of Emotional Distress
(Elements)
1. Conduct must be intentional or reckless
2. Conduct must be exrteme AND outragous
3. There must be a causal connection between the wrongful conduct and the emotional distress.
4. Emotional distress must be severe
Objective
relies on fact, no bias, provable and verifiable by facts, disinterested externally verfiable phenomenon.
Subjective
relies on feelings and opinions - interests of people
perceptions
personal - individual
Need ___ to cause harm in IIED
Intent (if person didn't know someone was there they cannot be held for IIED
Possession
having or holding property, in one's power
Title
legal evidence of a person's ownership rights in property; an instrument (such as a deed) that constitutes such evidence.

** there are many rights in a title - you can give some away - loan them - and get back later (tenant/land lord)
you still have title
license
permission, usually revocable to commit some act that would otherwise be unlawful.
chattel
movable or transferrable property; personal property (as opposed to real property)