Shared Flashcard Set

Details

Torts I, Sutton TBA
Torts I, Sutton TBA
46
Law
Graduate
06/26/2012

Additional Law Flashcards

 


 

Cards

Term

Define the defense of Justification

 

Definition

An act justified given the circumstances

 

Term

 

Define the defense of Discipline

 

Definition

 

A parent has a right to reasonable discipline

 

Term

Define the defense of authority of law

Definition

 

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

 

Term

 

Define the defense of necessity

 

Definition

 

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)

 

Term

 

Define the defense of Recovery of property

 

Definition

 

Reasonable force; and,
in hot pursuit

 

Term

 

Define the five ways to invalidate consent

 

Definition

 

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

 

Term

 

What are the elements of Intentional Infliction of Emotional Distress

 

Definition

 

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

 

Term

 

What are the 7 intentional torts

 

Definition

 

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

 

Term

 

Define the defense of Defense of Others

 

Definition

 

3rd party must have right to self defense

 

Term

Define Trespass to land- Intent

Definition

 

Intending the entry onto anothers property

 

Term

Define Conversion- Intent

Definition

 

Intending to cause the interference

 

Term

 

What are the elements of Trespass to land

 

Definition

 

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

 

Term

 

What are the three kinds of torts

 

Definition

 

Intentional torts
Negligence
Strict Liability

 

Term

 

What are the elements of trespass to chattel

 

Definition

 

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

 

Term

 

 

What are the elements of Conversion

 

Definition

 

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

 

Term

 

Define assault- Apprehension of an imminent battery

 

Definition

 

P must be apprehensive that a battery is immediately apparent

Fear is not necessary

 

Term

 

What is a tort

 

Definition

 

A civil wrong that the law can remedy

 

Term

 

Define Assault- Ability to carry out

 

Definition

 

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

 

Term

 

Define trespass to land- Invasion of a possessory interest

 

Definition

 

Need to show damages, however slight

 

Term

 

What are the elements of False Imprisonment?

 

Definition

 

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

 

Term

Define Battery- Contact

 

Definition

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.

 

Term

Define Trespass to Chattel- Interference with a right of possession

 

Definition

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

 

Term

Define Assault- Intent

 

Definition

Intent to cause the apprehension by an overt act

 

Term

 

Define Trespass to Chattel- Of personal Property

 

Definition

 

Property not one's own

 

Term

 

Define False Imprisonment- Intent

 

Definition

 

Intended the confinement

 

Term

 

Define Conversion- Cause serious harm or serious interference

 

Definition

 

Serious enough to prevent use by the rightful owner

 

Term

 

Define False Imprisonment- Without legal justification

 

Definition

 

Without a warrant or probable cause

 

Term

 

Define Trespass to chattel- Intent

 

Definition

 

Intending the interference to the chattel

 

Term

 

Define Battery- Harmful or Offensive

 

Definition
- Necessity
- Discipline
- Justification
Term

 

Define IIED- Intentional or reckless

 

Definition

 

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

 

Term

 

Define IIED- Severe emotional distress

 

Definition

 

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

 

Term

 

Define IIED- Extreme and outrageous conduct

 

Definition

 

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

 

Term

 

Define Battery- Intent

 

Definition

 

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

 

Term

 

Define Conversion- With a chattel

 

Definition

 

Property that is not real property, nor a person.

 

Term

 

What are the elements of assault?

 

Definition

 

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

 

Term

 

Define False Imprisonment- Total Confinement

 

Definition

 

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

 

Term

 

Define False Imprisonment- Within Boundaries

 

Definition

 

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

 

Term

 

Define Trespass to Chattel- Of personal Property

 

Definition

 

Property not one's own

 

Term

 

What are the elements of battery

 

Definition

 

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

 

Term

 

What is a Defense of Property defense

 

Definition

 

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

 

Term

 

What are the five kinds of consent

 

Definition

 

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

 

Term

 

What are the intentional tort defenses

 

Definition

 

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

 

Term

Cannot physically leave;

Definition

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

Term

 

Define the elements of the Self-Defense defense

 

Definition

 

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

 

Term

 

Where can intent transfer in the theory of transferred intent

 

Definition

 

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

 

Term

Define intent generally

 

Definition

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

 

Supporting users have an ad free experience!