Torts I - Sutton

Front 1

What are the elements of False Imprisonment?

Back 1

1- Intentional
2- Constraint of anothers liberty
3- Within boundaries
4- For an unreasonable time
5- With no reasonable means of escape
6- Without legal justification

Front 2

Define Battery- Contact

Back 2

Direct contact: touching P or something so close to P as to be regarded as part of their person.
Indirect contact: Putting something in motion as to cause the contact.

Front 3

Define Trespass to Chattel- Interference with a right of possession

Back 3

Damage to the property
Preventing use by rightful owner for substantial time.
Dispossessing it from rightful owner

Front 4

Define Assault- Intent

Back 4

Intent to cause the apprehension by an overt act

Front 5

Define Conversion- With a chattel

Back 5

Property that is not real property, nor a person.

Front 6

What are the elements of assault?

Back 6

1. Intentionally
2. Causing an apprehension of an imminent battery
3. With the apparent ability to carry out the battery

Front 7

Define False Imprisonment- Total Confinement

Back 7

Can be physically or by threats.
P needs to be aware of the confinement or damaged by it.

Front 8

Define False Imprisonment- Within Boundaries

Back 8

Boundaries can be physical or perceived.
Does not include keeping out.

Front 9

Define Trespass to Chattel- Of personal Property

Back 9

Property not one's own

Front 10

Define False Imprisonment- Intent

Back 10

Intended the confinement

Front 11

Define Conversion- Cause serious harm or serious interference

Back 11

Serious enough to prevent use by the rightful owner

Front 12

Define False Imprisonment- Without legal justification

Back 12

Without a warrant or probable cause

Front 13

Define Trespass to chattel- Intent

Back 13

Intending the interference to the chattel

Front 14

Define Battery- Harmful or Offensive

Back 14

Causing injury; or,
something society would consider out of the bounds of civil society

Front 15

What are the elements of battery

Back 15

1. Intentional
2. Contact
3. Which is harmful or offensive

Front 16

What is a Defense of Property defense

Back 16

Reasonable force as it appears to D.
Deadly force is never acceptable.

Front 17

What are the five kinds of consent

Back 17

- Express
- Implied
- Consent by law
- Consent by custom
- Medical

Front 18

What are the intentional tort defenses

Back 18

- Consent
- Self Defense
- Defense of others
- Defense of property
- Recovery of property
- Authority of law
- Necessity
- Discipline
- Justification

Front 19

Define IIED- Intentional or reckless

Back 19

Intending the severe emotional distress; or,
knowing with substantial certainty that the severe emotional distress will occur; or,
disregard of a high degree of probability that the severe emotional distress will occur

Front 20

Define IIED- Severe emotional distress

Back 20

Severe in the eyes of society;
Burden of proof on P, through witnesses or experts.

Front 21

Define IIED- Extreme and outrageous conduct

Back 21

Words are not enough;
Needs to be less outrageous for common carriers

Front 22

Define Battery- Intent

Back 22

Intending the contact or knowing with substantial certainty that the contact will occur, not necessarily the harm

Front 23

Define False Imprisonment- No reasonable means of escape

Back 23

Cannot physically leave;
High risk of injury through means of escape;
Cannot leave with valuable belongings

Front 24

Define the elements of the Self-Defense defense

Back 24

1- D must believe force is necessary
2- Belief must be reasonable
3- Belief must be of an immediate threat of harm

Front 25

Where can intent transfer in the theory of transferred intent

Back 25

To/from any of the fab five intentional torts.
To/from P to P
NOT from D to D

Front 26

Define intent generally

Back 26

With the purpose of causing the tort;
Knowing with substantial certainty the tort will occur;

Front 27

Define the defense of Justification

Back 27

An act justified given the circumstances

Front 28

Define the defense of Discipline

Back 28

A parent has a right to reasonable discipline

Front 29

Define the defense of authority of law

Back 29

An officer must have a warrant, UNLESS:
- Prevention of a felony (citizens too)
- Reasonable grounds that a felony has occurred (citizens too, but they assume risk)
- Breach of peace not a felony (in officers presence & in hot pursuit)
- Misdemeanor in officers presence

Front 30

Define the defense of necessity

Back 30

Public necessity- the need of Society is greater than the need of a citizen
Private necessity- Private property is at risk (still liable for damages)

Front 31

Define the defense of Recovery of property

Back 31

Reasonable force; and,
in hot pursuit

Front 32

Define the five ways to invalidate consent

Back 32

1- Inability through age or intoxication
2- By fraud
3- Exceeded scope
4- To an illegal act
5- Duress or coercion

Front 33

What are the elements of Intentional Infliction of Emotional Distress

Back 33

1. Intentionally
2- Causing severe emotional distress
3- By extreme and outrageous conduct

Front 34

What are the 7 intentional torts

Back 34

Assault
Battery
False Imprisonment
Trespass to Land
Trespass to Chattel
Intentional Infliction of Emotional Distress
Conversion

Front 35

Define the defense of Defense of Others

Back 35

3rd party must have right to self defense

Front 36

Define Trespass to land- Intent

Back 36

Intending the entry onto anothers property

Front 37

Define Conversion- Intent

Back 37

Intending to cause the interference

Front 38

What are the elements of Trespass to land

Back 38

1- Intent to enter anothers land
2- for the purpose of an invasion of a possessory interest

Front 39

What are the three kinds of torts

Back 39

Intentional torts
Negligence
Strict Liability

Front 40

What are the elements of trespass to chattel

Back 40

1- Intentional
2- Interference with a right of possession
3- Of personal property

Front 41

What are the elements of Conversion

Back 41

1- Intent
2- Cause serious harm or serious interference
3- Of personal property

Front 42

Define assault- Apprehension of an imminent battery

Back 42

P must be apprehensive that a battery is imediately apparent

Fear is not necessary

Front 43

What is a tort

Back 43

A civil wrong that the law can remedy

Front 44

Define Assault- Ability to carry out

Back 44

Must be apparent to P that D has the ability to commit battery immediately

Front 45

Define trespass to land- Invasion of a possessory interest

Back 45

Need to show damages, however slight