All flashcards
178 cards
1What is an act of commission?
2What is an act of omission?
3For purposes of tort law, an act may be one of which two types?
4To recover in tort law, must the plaintiff normally prove that the defendant’s conduct caused the plaintiff’s injury?
5What is the extent of the defendant’s tort liability for the harm caused by the defendant?
6What are the elements of an intentional tort?
7In tort law, under what circumstances does intent generally arise?
8In the context of an intentional tort, what does it mean if an actor acts with purpose?
9In the context of an intentional tort, what does it mean if a defendant acts with substantial certainty?
10How does intent differ from motive?
11Can virtually anyone capable of forming a thought form the intent required for an intentional tort?
12Under what circumstances does an actor behave recklessly?
13In tort law, what are the three most important mental states?
14What are the four major intentional torts against persons?
15Is an actor liable for battery even if the actor didn’t have any personal hostility toward the victim or a desire to injure the victim?
16What is the eggshell-skull-plaintiff’s rule?
17What is the doctrine of transferred intent?
18What are the elements of the intentional tort of battery?
19A car company had to decide between two different designs that provided different levels of safety in its biggest-selling car. The company’s engine...
20What type of physical contact will satisfy the intentional tort of battery?
21What constitutes direct physical contact in the context of the intentional tort of battery?
22What constitutes indirect physical contact in the context of the intentional tort of battery?
23What constitutes remote contact in the context of the intentional tort of battery?
24Must the plaintiff provide proof of direct physical contact with the plaintiff’s body to establish the contact element of battery?
25What is harmful contact in the context of an intentional tort?
26For the tort of battery, must harm to the victim be foreseeable at the time the actor makes contact with the victim?
27In the intentional tort of battery, what is offensive contact?
28One day in class, a law student got angry at a classmate and threw a casebook in the classmate’s direction. The classmate was hit but not injured. ...
29Is consent a defense to the intentional tort of battery?
30In a battery action, will contact be considered offensive merely because the contact subjectively offended the plaintiff?
31On a cold winter evening, a woman came across a man sleeping in the middle of a busy city park. The man was wearing a T-shirt saying: "Don't let th...
32A loyal customer entered her usual beauty salon and asked for a pedicure. While relaxing in the salon chair during the treatment, the customer fell...
33Does the objective definition of offensiveness generally preclude battery claims by unusually sensitive plaintiffs based on contact that would not ...
34In the intentional tort of battery, must a plaintiff be aware of the defendant’s contact when it occurs?
35A practical joker snuck up behind a stranger on the street and touched the stranger lightly on the chin. The stranger fell to the sidewalk, suffere...
36What are the elements of the intentional tort of assault?
37Are words alone sufficient to constitute an assault?
38What is reasonable apprehension of an imminent battery?
39May a defendant who did not intend to batter a plaintiff be held liable for assault?
40To commit the tort of assault, must an actor have the actual, present ability to fulfill a threat of harm to the victim?
41What does the term imminent mean in the context of a plaintiff’s apprehension of an imminent battery?
42May a defendant be held liable for assault if the plaintiff was unafraid?
43Can a conditional threat of violence constitute an assault?
44May a defendant be held liable for assault for saying that the defendant would commit battery against the plaintiff under different circumstances?
45Are the crimes of assault and battery the same as the torts of assault and battery?
46What are the elements of the intentional tort of false imprisonment?
47In the intentional tort of false imprisonment, what constitutes confinement within a bounded area?
48May a defendant be held liable for false imprisonment if the plaintiff has a reasonable means of escape from the defendant’s confinement?
49In the intentional tort of false imprisonment, what are the four means by which a defendant can confine the plaintiff?
50Must an actor directly and forcibly confine the victim to be liable for false imprisonment?
51What is physical restraint in the context of false imprisonment?
52What is confinement through threat or duress in the context of the intentional tort of false imprisonment?
53In the intentional tort of false imprisonment, what are the four common types of threats or uses of force that a defendant can employ to confine a ...
54Can a defendant be held liable for false imprisonment if the defendant confined the plaintiff by use or threats of force against the plaintiff’s pr...
55May a defendant be held liable for false imprisonment for confining a plaintiff by implicitly threatening the use of force?
56Can a defendant be held liable for false imprisonment for threatening to embarrass or publically humiliate the plaintiff?
57Under what circumstances does confinement under false pretenses of lawful authority occur?
58What is a breach of a duty to release from confinement?
59Can significant moral pressure or persuasion satisfy the confinement element of the intentional tort of false imprisonment?
60How long must a confinement be to give rise to liability for false imprisonment?
61A passenger voluntarily traveling on a yacht owned by a wealthy sailor announced that he wished to leave the boat at the next port of call. Just be...
62May a shopkeeper be held liable for false imprisonment for confining a plaintiff even after police arrive at the shopkeeper’s store?
63What constitutes a lawful arrest of a person by a police officer?
64How much force is a police officer permitted to use in making an arrest so as to avoid tort liability?
65In the exception to the tort of false imprisonment for confinement pursuant to lawful arrest, is an arrest lawful if the police officer made a mist...
66When may a private citizen make a lawful arrest?
67In the exception to the tort of false imprisonment for confinement pursuant to lawful arrest, is an arrest lawful if a private citizen made a mista...
68What is the shopkeeper’s privilege of investigatory detention?
69In jurisdictions that recognize the shopkeeper’s privilege of investigatory detention, how long may a shopkeeper detain a suspected shoplifter?
70In jurisdictions that recognize the shopkeeper’s privilege of investigatory detention, how much force may a shopkeeper use to detain a person?
71Is consent a defense to a claim of false imprisonment?
72What are the elements of intentional infliction of emotional distress?
73What constitutes extreme and outrageous conduct in the context of a claim for intentional infliction of emotional distress (IIED)?
74In a claim for intentional infliction of emotional distress (IIED), are common insults sufficient to satisfy the requirement that the defendant’s c...
75In a claim for intentional infliction of emotional distress (IIED), what are the factors that make a finding of extreme and outrageous conduct more...
76In the tort of intentional infliction of emotional distress (IIED), what constitutes severe emotional distress?
77To sustain a claim for intentional infliction of emotional distress (IIED), must the plaintiff prove physical effects resulted from the distress?
78What kind of conduct by the defendant must the plaintiff prove to establish a claim for intentional infliction of emotional distress?
79May a bystander recover for the intentional infliction of emotional distress (IIED) based on an intentional tort that the defendant committed again...
80In jurisdictions that permit bystanders to recover for the intentional infliction of emotional distress (IIED) based on an intentional tort that th...
81To recover for intentional infliction of emotional distress (IIED), must the plaintiff prove that the defendant intended to cause the distress?
82What are the major torts to property?
83What are the elements of the intentional tort of trespass to land?
84What is the intent required for trespass to land?
85In trespass to land, under what circumstances is a defendant’s physical entry onto someone else’s real property unlawful?
86In trespass for land, may a defendant’s initially lawful presence on the property later become unlawful?
87In trespass to land, what is physical entry onto property?
88In trespass to land, under what circumstances does direct entry occur?
89In trespass to land, under what circumstances does indirect entry onto the property occur?
90A plaintiff filed a trespass action, complaining that the defendant’s house encroaches onto the plaintiff’s lot. The undisputed evidence showed tha...
91Is unlawful entry onto land limited to entries on the surface of the land?
92What is a superior right of exclusive possession with respect to real property?
93What are the elements of the tort of conversion?
94Must a plaintiff own the chattel to recover for conversion?
95Does a plaintiff’s superior right of control of a chattel arise only from the plaintiff’s ownership of the chattel?
96Is a defendant’s destruction of a chattel in which a plaintiff has a superior right to control the chattel the only ground for a conversion action?
97For purposes of conversion, what constitutes a defendant’s interference with a plaintiff’s right to the chattel?
98In a conversion action, what are the factors that a court uses to determine the seriousness of the defendant’s interference with the plaintiff’s su...
99In conversion, under what circumstances is interference with a chattel serious enough to justify requiring the defendant to compensate the plaintif...
100Does conversion require that the defendant had the intent to interfere with someone else’s right in a chattel?
101What are the elements of trespass to chattel?
102Does trespass to chattel require that the defendant have the intent to interfere with someone else’s right in chattel?
103In trespass to chattel, what does dispossession mean?
104In trespass to chattel, what does intermeddling mean?
105In an action for trespass to chattel, can a defendant interfere with the plaintiff’s superior right of control of the chattel through disposition o...
106What is the difference between trespass to chattel and conversion?
107What are the common defenses to intentional torts?
108What is the defense of consent?
109Consent is a defense to which intentional torts?
110For the consent defense to an intentional tort, what are the requirements for legally effective consent?
111What is the definition of informed consent?
112Is consent a legitimate defense to an intentional tort if the plaintiff’s consent was based on a mistake?
113An owner of an antiques store offered a friend a table from the store as a gift. The owner told the friend that the friend could take the dining ta...
114A life-insurance salesperson falsely represented that he was qualified to conduct a medical examination necessary to process a customer’s applicati...
115For the consent defense to intentional torts, under what circumstances is a plaintiff’s consent voluntary?
116In general, can non-extreme emotional pressure cause sufficient duress to make a person’s consent to an intentional tort involuntary?
117What does it mean for a person to lack capacity to consent ?
118What is incapacity due to age?
119What type of mental deficiency will undermine a plaintiff’s capacity to consent?
120If a statute criminalizes certain kinds of contact with particular classes of individuals, may a defendant assert the defense of consent for a tort...
121A prison guard engaged in a sexual relationship with a prisoner. The prison is in a state with a statute that made it a crime for anyone with super...
122Must consent be express to be a valid defense to an intentional tort?
123For purposes of the consent defense to intentional torts, what is express consent?
124For the plaintiff’s express or apparent consent to be a valid defense to a medical battery, what additional element must a medical professional est...
125For purposes of the consent defense to intentional torts, what is implied consent?
126What is the defense of implied consent?
127May consent to an intentional tort be implied from a plaintiff’s conduct and the surrounding circumstances?
128If a person voluntarily participates in an activity, does the person implicitly consent to all reasonably foreseeable results of the activity?
129If a person validly consents to an actor’s otherwise-tortious conduct, may the actor delegate the task of actually performing that conduct to someo...
130May a defendant invoke implied consent as a defense to an intentional tort if the defendant actually knew that the plaintiff would not consent to t...
131If an actor has reason to believe that another person would not provide consent to a touching, will the law imply the person’s consent to that touc...
132What is consent to an intentional tort implied by law?
133May a victim’s consent to an intentional tort ever be implied by law?
134If a defendant is facing an intentional-tort claim, will the plaintiff’s implied consent to the action support a defense of consent?
135If a defendant’s conduct exceeds the reasonably understood scope of the plaintiff’s consent, is the defendant’s intentional tort excused?
136May a person use physical force in self-defense?
137How much force may a defendant use in self-defense or defense of another ?
138Under what limited circumstances may a defendant use deadly force in self-defense or defense of another?
139Against what types of felonies may a defendant use deadly force to defend the defendant or someone else?
140For purposes of self-defense, must a defendant’s belief that the use of deadly force is necessary be reasonable?
141For purposes of self-defense, what is the imminence requirement for a defendant’s use of deadly force?
142During a paintball competition, a player continually aimed a paintball gun and directed highly offensive comments at an opponent. Eventually, the o...
143A spectator at a sporting event was cheering loudly for the home team. A group of fans supporting the visiting team started to chase the spectator,...
144Does a defendant have a privilege to use force in self-defense against another’s lawful use of force?
145For purposes of a self-defense analysis, who is an initial aggressor?
146How much force may a person who holds a privilege of self-defense use?
147May a person use physical force to defend against conduct if the only likely harm from that conduct is severe emotional distress?
148What are the two exceptions to the general rule that the initial aggressor in any confrontation lacks the privilege to use force in self-defense?
149If a victim uses excessive force to defend himself, may the initial aggressor be privileged to use force in self-defense?
150Can an initial aggressor terminate a defender’s privilege to use force in self-defense?
151What is the duty to retreat?
152Does a defendant have a duty to retreat before using force in self-defense if the force is unlikely to cause death or serious bodily injury?
153In jurisdictions that impose a duty to retreat before using deadly force in self-defense, under what circumstances must a defendant retreat before ...
154A music fan attended a concert by a famous singer. At the end of the concert, the singer tossed a scarf into the crowd, and the fan caught it. Whil...
155What is the necessity defense?
156What is the public-necessity defense?
157A gardener owned a greenhouse filled with rare plants. A biomedical researcher believed that one of the plants in the greenhouse contained a compou...
158If a defendant makes a successful public-necessity defense, what is a defendant’s liability for damages incurred in averting the public harm?
159Wildfires broke out near a large town. The fires threatened to cause significant damage and loss of life in the town. To stop the fire, a local res...
160What is the private-necessity defense?
161May a person privileged to enter land by private necessity use reasonable force against the possessor of the land to enforce the privilege and avoi...
162If the private-necessity privilege allows someone to enter land to avoid serious harm, is the landowner liable for harm if she prevents that person...
163A brother, a sister, and a friend all went to school together. The sister had a severe strawberry allergy. The friend had a severe peanut allergy. ...
164May a person privileged to enter land by public necessity use reasonable force against the possessor of the land if the possessor denies permission...
165How does the private-necessity defense differ from the public-necessity defense?
166May a defendant be privileged to use force or to enter upon another person’s land to defend or reclaim the defendant’s own property?
167May the owner of a chattel use reasonable force while in hot pursuit of someone who has just taken his chattel?
168Before a chattel owner employs reasonable force to prevent another person from wrongfully taking the owner’s chattel while the taking is in progres...
169May an individual use deadly force to protect or reclaim an interest in property?
170May the owner of a wrongfully taken chattel enter upon someone else’s land to reclaim the chattel?
171Is a parent privileged to use force against or confinement of his or her child?
172For what three purposes is a parent or other person with responsibility for a child privileged to use reasonable force or confinement against the c...
173May a teacher in a public school use reasonable force against a student for purposes of punishment or discipline, even over a parent’s objection?
174Intentional infliction of emotional distress (IIED) occurs if:(1) a person engages in ________ and ________ conduct that(2) ________ or ________ ca...
175Under tort law, what are the three elements of conversion?
176The tort of assault occurs if an actor engages in an ________ that is ________ to and ________ in fact cause a victim to entertain a ________ of an...
177In what context is a person’s consent to an intentional tort implied by law?
178Private necessity privileges an actor to commit what would otherwise be actionable trespass to land, trespass to chattel, or conversion if what thr...
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178 cards