Torts Mcclendon Duquesne 1L 2008

Front 1

Reasoning consists of

Back 1

Rules
Facts

Front 2

Intent

Back 2

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
-

Front 3

State of Mind
(INTENT)

Back 3

about consequences of an act and not the act itself.
the purpose or desire
Knowledge to a substantial certainty

Front 4

Knowledge to a substabtial certainty

Back 4

If you CANT prove intent - less strenuous than proving purpose or desire

Front 5

To cause a battery

Back 5

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

Front 6

Rule of Case

Back 6

On is liable for damages regardless of good faith.

** Good faith is not a vaid defense to claim innocence

Front 7

Intent can exist without...

Back 7

purpose or desire
unless someone admits it - there is no way to tell the person had purpose of desire.

Front 8

Intent MUST include...

Back 8

Knowledge or belief to prove intent.

ex. intentional tort that requires malice.

Front 9

Neither of these are necesaary in intent...

Back 9

Malice and Motive

Front 10

Fault

Back 10

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)

Front 11

Transferred intent

Back 11

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.

Front 12

Rest Sec 42
false imprisonment

Back 12

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

Front 13

Physical harm

Back 13

bodily harm, any physical imparrment of another's body or physical pain or illness.

Front 14

Emotional harm

Back 14

offends a reasonable sense of personal dignity (in you mind)

Front 15

Battery

Back 15

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

Front 16

Causation

Back 16

Process by which A brings about B

(Not so simple in criminal law so don't assume this definition always)

Front 17

Nominal damages

Back 17

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

Front 18

Actual damages

Back 18

collect for injury incured, physical or mental. To bring you back to where you were before the tort.

Front 19

Apprehension

Back 19

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)

Front 20

Immenant Apprehension

Back 20

soon "fear"
anticipation of an immediate touch

Front 21

exemplary damages

Back 21

make an example of you

collect in order to punish and show why you don't do something.

Front 22

False imprisonment
definition

Back 22

the direct restraint of one person of the physical liberty of another without adequate legal justification.

Front 23

Intention Infliction of Emotional Distress
(Elements)

Back 23

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

Front 24

Objective

Back 24

relies on fact, no bias, provable and verifiable by facts, disinterested externally verfiable phenomenon.

Front 25

Subjective

Back 25

relies on feelings and opinions - interests of people
perceptions
personal - individual

Front 26

Need ___ to cause harm in IIED

Back 26

Intent (if person didn't know someone was there they cannot be held for IIED

Front 27

Possession

Back 27

having or holding property, in one's power

Front 28

Title

Back 28

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

Front 29

license

Back 29

permission, usually revocable to commit some act that would otherwise be unlawful.

Front 30

chattel

Back 30

movable or transferrable property; personal property (as opposed to real property)