Shared Flashcard Set

Details

Torts for NY Bar Exam
Intentional, Negligence, & Miscellanous
6
Law
Professional
07/12/2010

Additional Law Flashcards

 


 

Cards

Term
Battery
Definition

DF’s Intends To Commit Harmful or Offensive Contact 


Harmful or Offensive Contact Occurs 


To PL’s person (OR connected to PL’s person)

 

Term
Assault
Definition

DF Intends to Place PL In Reasonable Apprehension of Harmful or Offensive Conduct 


PL is Put in Reasonable Apprehension Of an Immediate Harmful or Offensive conduct. 

 

Term
False Imprisonment
Definition

DF Intends to Commit Act of Restraint on PL


DF commits act of restraint


PL, as consequence, is Confined to “Bounded/Closed Area.”


PL has no reasonable means of escape. 

Term
Intentional Infliction of Emotional Distress
Definition

DF Intends (Or acts in Reckless Disregard)


To engage in Extreme & Outrageous conduct and


PL Suffers Severe Distress. 

 

Term
What are some factors courts look to when determining Extreme or Outrageous Conduct for Intentional Infliction of Emotional Distress?
Definition

Conduct in question is continuous or repetitive.


DF is Common Carrier or Innkeeper –staff can’t be deliberately rude.


PL is member of a fragile class of persons (Young Children, Elderly, Pregnant Women).


Hate speech + abuse of power (i.e. report crime to police who responds w/ hate speech). 

Term
Trespass to Land
Definition

An Act of Physical Invasion (of a Possessory Interest)  


Either physically or by propelling.


PL Possesses the Land. Possessor of land does not necessarily have to be owner (owner may also have claim).

 

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