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California Bar Review - Torts
California Bar Review - Torts

Additional Law Flashcards




Different kinds of assault (criminal and tort)?



  • Rz apprehension of
  • An immediate battery

Creation of Rz apprehension assault:
  • Intentional creation (beyond mere words) of 
  • A Rz apprehension of immediate bodily harm
  • [general intent]
Attempted battery assault:
  • Attempted battery (specific intent)



List the elements of:

False imprisonment

Intentional Infliction of Emotional Distress

Trespass to Land

Trespass to Chattels


Malicious Prosecution

Abuse of Process

Intentional Interference w/ Business Relations

Intentional Misrepresentation


False imprisonment

* Intent to confine

* Act of restrained

* Resulting in P being confined to a bound area

* "Causation"


Intentional infliction of emotional distress

* Outrageous conduct

* Severe emotional distress

* "Causation"

* "Damages"


Trespass of Land

* Intentional physical invasion

* Of an element of land


Trespass to Chattels / Conversion

* Interference (slight or significant) w/ personal property

* Intent to perform act


Malicious Prosecution

* Improper purpose

* Institution of criminal proceedings against P

* Lack of probable cause against P

* Termination of proceedings in favor of P


Abuse of Process

* Use of process for an ulterior motive

* Definite act or threat against P to accomplish ulterior motive


Intentional Interference w/ Business Relations:

* Valid contractual relationship or business expectancy on part of P

* D's knowledge thereof

* Intentional interference

* Results in termination or breach of that relationship


Intentional Misrepresentation

(remember this for contracts and property essays!)

* Misrepresentation

* Scienter (knowledge or reckless disregard of untruthfulness)

* Made to induce reliance

* Rz reliance

* Damages


Elements of Defamation?


Rules regarding defamation damages?


Defenses to Defamation?


Elements of all defamation:

* Defamatory language (adversely affects reputation)

* Identifies P

* Publication to a 3rd person (only need intent to publish, NOT intent to defame or lie)

* Adversely affects P's reputation (Rz person concludes it conveys factual information about P, and P must be alive)

* Damages (if public concern, use damages rules below)

     - LIBEL (writing or permanent form, sometimes radio + TV), or SLANDER PER SE: don't need to prove pecuniary damages b/c we presume general damages (CA ONLY: if "libelous on its face"... if it's simply "libel per quod" then prove pecuniary damages)

          - Slander per se: (related to P's business/profession, crime of moral turpitude, loathsome disease, woman's unchastity)

     - OTHER SLANDER: must prove pecuniary damages


ADDITIONAL elements for CONSTITUTIONAL DEFAMATION (matter of public concern):

* Falsity

* Fault

     - public figure? "Malice" - knowledge of falsity or reckless disregard for the truth

     - private figure? Negligence only

* Damages

The 4 privacy torts?


* use of one's name or image for commercial use


Invasion of Seclusion

* intrusion upon one's privacy/seclusion


False Light

* widespread dissemination

* of false information

(scienter not required)

EXCEPTION: newsworthiness

[Defamation privileges apply: status of speaker, context favoring candor]


Disclosure of Private Fact

* widespread dissemination

* of a private fact

EXCEPTION: newsworthiness

[Defamation privileges apply: status of speaker, context favoring candor]


Special duties of care regarding:

Superior knowledge or skill?




Superior knowledge or skill?:

Rz prudent person acting under similar circumstances with that knowledge or skill


Children (ages 4 to 17):

"as carefully as a Rz person" of that child's age, intelligence, experience, and education"



average member of that profession (what majority do)

practicing in similar community (primary care? similar geographic community. specialization? other same specialist)


Duty of possessors of real estate to entrants upon the land?


Also, what about things on your property that look super fun?


To undiscovered trespassers:

* NO duty (re: wild animals, Rz care)


Otherwise, ALWAYS a standard Rz duty re: possessors' activities


To Discovered or Anticipated Trespassers:

* artificial, highly-dangerous, concealed, and known to possessor ("known manmade deathtraps")


To Licensees:

* dangerous, concealed, and known to possessor

("all known traps")


To Invitees:

* dangerous, concealed, and discoverable upon Rz inspection ("all Rzably knowable traps")



"Attractive Nuisance Doctrine": if artificial condition looks super-fun, need Rz care re: child trespassers

Elements for Products Liability?

1. D is a commercial supplier (e.g. manufacturer, retailer, assembler, or wholesaler)

2. Breach of duty, was "unRz dangerous" - has a manufacturing defect or design defect (see below)

3. P is making a foreseeable use of product

4. Has not been altered since leaving D's hands (presumed, if in the normal chain of distribution


Manufacturing defect:

Dangerous beyond the expectation of the ordinary consumer b/c of a departure from its intended design


Design defect: a less dangerous modification or alternative was economically feasible

1. Adequate Warning, or 

2. Alternative design that is:

     * safer

     * economical

     * practical (not preventing its purpose or making it difficult to use)

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