Source
Loading...
The field below filters the flashcards in this list as you type. The number of matching flashcards is announced as you type.
All flashcards
178 cards
1What is an act of commission?
What is an act of commission?2What is an act of omission?
What is an act of omission?3For purposes of tort law, an act may be one of which two types?
For 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?
To 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?
What is the extent of the defendant’s tort liability for the harm caused by the defendant?6What are the elements of an intentional tort?
What are the elements of an intentional tort?7In tort law, under what circumstances does intent generally arise?
In 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?
In 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?
In the context of an intentional tort, what does it mean if a defendant acts with substantial certainty?10How does intent differ from motive?
How does intent differ from motive?11Can virtually anyone capable of forming a thought form the intent required for an intentional tort?
Can virtually anyone capable of forming a thought form the intent required for an intentional tort?12Under what circumstances does an actor behave recklessly?
Under what circumstances does an actor behave recklessly?13In tort law, what are the three most important mental states?
In tort law, what are the three most important mental states?14What are the four major intentional torts against persons?
What 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?
Is 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?
What is the eggshell-skull-plaintiff’s rule?17What is the doctrine of transferred intent?
What is the doctrine of transferred intent?18What are the elements of the intentional tort of battery?
What 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...
A car company had to decide between two different designs that provided different levels of safety in its biggest-selling car. The company’s engineers were confident that the first design would result in 100 fewer deaths or serious injuries per year across the product line than the slightly less expensive second design. The company still decided to adopt the cheaper and less safe second design. The following year, a driver in a car with the second design was seriously injured in an accident. The driver sued for battery. The driver’s experts testified that the injuries would not have occurred in a vehicle built to the first design’s specifications. These experts also testified that the company’s engineers knew with substantial certainty that this was the case when the company chose to adopt the second design.Has the driver satisfied the intent element of battery?20What type of physical contact will satisfy the intentional tort of battery?
What 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?
What 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?
What 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?
What 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?
Must 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?
What 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?
For 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?
In 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. ...
One 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. In fact, at first, the classmate failed to even notice the contact. Then the classmate heard the other students laughing, noticed the casebook on the floor, and realized what had happened. The classmate became embarrassed.Has the student who threw the casebook committed a battery against the classmate?29Is consent a defense to the intentional tort of battery?
Is 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?
In 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...
On 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 the homeless be invisble." A sign next to him bore a logo for the Homeless Advocacy Association and said: "Contact the city about the need for temporary shelters this winter." The woman noticed that the man was shivering in his sleep. She took a blanket from her bag and went to cover the man. A bystander told her not to cover the man because the man had previously told the bystander that the man was planning to intenetionally sleep in the cold without supplies to bring people's attention to the plight of the homeless, a cause the man was passionate about. The woman covered the man anyway, claiming that it was an emergency because the man was freezing. The man woke up to find himself covered. Although he was warm, he was angry that his symbolic advocacy was ruined.
Did the woman commit a battery?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...
A loyal customer entered her usual beauty salon and asked for a pedicure. While relaxing in the salon chair during the treatment, the customer fell asleep. After finishing the pedicure, the beauty technician decided to give the sleeping customer a complimentary fingernail polish, thinking it would be a nice surprise. Upon awakening, the customer was upset, exclaiming that she did not want her fingernails polished today.Has the customer suffered contact that would rise to the level of a battery?33Does the objective definition of offensiveness generally preclude battery claims by unusually sensitive plaintiffs based on contact that would not ...
Does the objective definition of offensiveness generally preclude battery claims by unusually sensitive plaintiffs based on contact that would not offend a reasonable person of ordinary firmness under the circumstances?34In the intentional tort of battery, must a plaintiff be aware of the defendant’s contact when it occurs?
In 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...
A practical joker snuck up behind a stranger on the street and touched the stranger lightly on the chin. The stranger fell to the sidewalk, suffered a concussion, and died. The joker had no desire to injure or kill the stranger and did not expect this result.Has the practical joker committed a battery?36What are the elements of the intentional tort of assault?
What are the elements of the intentional tort of assault?37Are words alone sufficient to constitute an assault?
Are words alone sufficient to constitute an assault?38What is reasonable apprehension of an imminent battery?
What is reasonable apprehension of an imminent battery?39May a defendant who did not intend to batter a plaintiff be held liable for assault?
May 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?
To 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?
What 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?
May a defendant be held liable for assault if the plaintiff was unafraid?43Can a conditional threat of violence constitute an assault?
Can 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?
May 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?
Are 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?
What are the elements of the intentional tort of false imprisonment?47In the intentional tort of false imprisonment, what constitutes confinement within a bounded area?
In 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?
May 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?
In 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?
Must an actor directly and forcibly confine the victim to be liable for false imprisonment?51What is physical restraint in the context of false imprisonment?
What 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?
What 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 ...
In 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 plaintiff?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...
Can a defendant be held liable for false imprisonment if the defendant confined the plaintiff by use or threats of force against the plaintiff’s property?55May a defendant be held liable for false imprisonment for confining a plaintiff by implicitly threatening the use of force?
May 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?
Can 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?
Under what circumstances does confinement under false pretenses of lawful authority occur?58What is a breach of a duty to release from confinement?
What 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?
Can 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?
How 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...
A 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 before the yacht arrived at the next port, the passenger fell into a coma. The sailor brought an excellent doctor onto the yacht. For the next 12 months, the unconscious passenger traveled the world on the yacht, while receiving impeccable medical care. At the end of the year, the passenger woke in perfect mental and physical health. The sailor immediately delivered the passenger to the port of call at which the passenger initially meant to disembark.Assuming the sailor intentionally confined the passenger to a bounded area while the passenger was comatose, did the sailor commit the tort of falsely imprisoning the passenger?62May a shopkeeper be held liable for false imprisonment for confining a plaintiff even after police arrive at the shopkeeper’s store?
May 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?
What 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?
How 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...
In the exception to the tort of false imprisonment for confinement pursuant to lawful arrest, is an arrest lawful if the police officer made a mistake?66When may a private citizen make a lawful arrest?
When 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...
In the exception to the tort of false imprisonment for confinement pursuant to lawful arrest, is an arrest lawful if a private citizen made a mistake in the arrest of a person?68What is the shopkeeper’s privilege of investigatory detention?
What 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?
In 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?
In 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?
Is consent a defense to a claim of false imprisonment?72What are the elements of intentional infliction of emotional distress?
What 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)?
What 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...
In a claim for intentional infliction of emotional distress (IIED), are common insults sufficient to satisfy the requirement that the defendant’s conduct was extreme and outrageous?75In a claim for intentional infliction of emotional distress (IIED), what are the factors that make a finding of extreme and outrageous conduct more...
In a claim for intentional infliction of emotional distress (IIED), what are the factors that make a finding of extreme and outrageous conduct more likely?76In the tort of intentional infliction of emotional distress (IIED), what constitutes severe emotional distress?
In 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?
To 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?
What 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...
May a bystander recover for the intentional infliction of emotional distress (IIED) based on an intentional tort that the defendant committed against someone else?80In jurisdictions that permit bystanders to recover for the intentional infliction of emotional distress (IIED) based on an intentional tort that th...
In jurisdictions that permit bystanders to recover for the intentional infliction of emotional distress (IIED) based on an intentional tort that the defendant committed against someone else, what additional factors must the bystander prove?81To recover for intentional infliction of emotional distress (IIED), must the plaintiff prove that the defendant intended to cause the distress?
To 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?
What are the major torts to property?83What are the elements of the intentional tort of trespass to land?
What are the elements of the intentional tort of trespass to land?84What is the intent required for trespass to land?
What 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?
In 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?
In 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?
In trespass to land, what is physical entry onto property?88In trespass to land, under what circumstances does direct entry occur?
In trespass to land, under what circumstances does direct entry occur?89In trespass to land, under what circumstances does indirect entry onto the property occur?
In 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...
A plaintiff filed a trespass action, complaining that the defendant’s house encroaches onto the plaintiff’s lot. The undisputed evidence showed that the defendant’s house does encroach onto the plaintiff’s property and occupies about 10 percent of the plaintiff’s total lot. All parties agreed that the defendant caused the encroachment by mistake and without malice.Is the encroachment a trespass?91Is unlawful entry onto land limited to entries on the surface of the land?
Is 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?
What is a superior right of exclusive possession with respect to real property?93What are the elements of the tort of conversion?
What are the elements of the tort of conversion?94Must a plaintiff own the chattel to recover for conversion?
Must 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?
Does 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?
Is 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?
For 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...
In a conversion action, what are the factors that a court uses to determine the seriousness of the defendant’s interference with the plaintiff’s superior rights in a chattel?99In conversion, under what circumstances is interference with a chattel serious enough to justify requiring the defendant to compensate the plaintif...
In conversion, under what circumstances is interference with a chattel serious enough to justify requiring the defendant to compensate the plaintiff for the chattel’s full value?100Does conversion require that the defendant had the intent to interfere with someone else’s right in a chattel?
Does 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?
What 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?
Does 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?
In trespass to chattel, what does dispossession mean?104In trespass to chattel, what does intermeddling mean?
In 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...
In an action for trespass to chattel, can a defendant interfere with the plaintiff’s superior right of control of the chattel through disposition or intermeddling?106What is the difference between trespass to chattel and conversion?
What is the difference between trespass to chattel and conversion?107What are the common defenses to intentional torts?
What are the common defenses to intentional torts?108What is the defense of consent?
What is the defense of consent?109Consent is a defense to which intentional torts?
Consent is a defense to which intentional torts?110For the consent defense to an intentional tort, what are the requirements for legally effective consent?
For the consent defense to an intentional tort, what are the requirements for legally effective consent?111What is the definition of informed consent?
What 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?
Is 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...
An 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 table on the east side of the store, but not the table on the west side of the store. The friend knew that the owner routinely mixed up directions and realized that the owner had mixed up these directions. The dining table on the east side of the store was quite valuable, but the table on the west side was plain and cheap. Also, the owner nodded toward the west table while speaking. Nevertheless, the friend took the table on the east side of the store.Did the owner legally consent to let the friend take the table on the east side?114A life-insurance salesperson falsely represented that he was qualified to conduct a medical examination necessary to process a customer’s applicati...
A life-insurance salesperson falsely represented that he was qualified to conduct a medical examination necessary to process a customer’s application. Based on this representation, the customer consented to the salesperson’s examination. As part of the examination, the customer was required to remove clothing. The customer also allowed various types of physical contact by the salesperson during the exam.Did the customer give valid consent to the exam?115For the consent defense to intentional torts, under what circumstances is a plaintiff’s consent voluntary?
For 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?
In 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 ?
What does it mean for a person to lack capacity to consent ?118What is incapacity due to age?
What is incapacity due to age?119What type of mental deficiency will undermine a plaintiff’s capacity to consent?
What 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...
If a statute criminalizes certain kinds of contact with particular classes of individuals, may a defendant assert the defense of consent for a tort claim based on the prohibited conduct?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...
A 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 supervisory responsibility at a prison, like a guard, to have sex with an inmate. The prisoner sued for battery based on the sexual relationship. The prisoner voluntarily agreed to enter into the sexual relationship.Does the statute stop the prison guard from raising an effective defense of consent to the sexual contact?122Must consent be express to be a valid defense to an intentional tort?
Must 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?
For 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...
For the plaintiff’s express or apparent consent to be a valid defense to a medical battery, what additional element must a medical professional establish?125For purposes of the consent defense to intentional torts, what is implied consent?
For purposes of the consent defense to intentional torts, what is implied consent?126What is the defense of implied consent?
What is the defense of implied consent?127May consent to an intentional tort be implied from a plaintiff’s conduct and the surrounding circumstances?
May 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?
If 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...
If a person validly consents to an actor’s otherwise-tortious conduct, may the actor delegate the task of actually performing that conduct to someone else?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...
May a defendant invoke implied consent as a defense to an intentional tort if the defendant actually knew that the plaintiff would not consent to the defendant’s actions?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...
If 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 touching in an emergency situation?132What is consent to an intentional tort implied by law?
What is consent to an intentional tort implied by law?133May a victim’s consent to an intentional tort ever be implied by law?
May 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?
If 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?
If 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?
May a person use physical force in self-defense?137How much force may a defendant use in self-defense or defense of another ?
How 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?
Under 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?
Against 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?
For 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?
For 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...
During a paintball competition, a player continually aimed a paintball gun and directed highly offensive comments at an opponent. Eventually, the opponent snapped and punched the player in the face. The opponent did not realize that the player was actually carrying a real gun and intended to shoot the opponent. However, the punch in the face stopped the player’s plan.Was the opponent privileged to use force against the player in self-defense?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,...
A 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, threatening violence. The spectator saw a snack vendor carrying a cotton candy. The spectator gently pulled the vendor into the path of the charging group of fans. This act caused the charging fans to disperse without running into the vendor, and the vendor was unharmed.Assuming that the vendor was never in any risk of harm from the charging crowd, does the self-defense privilege allow the spectator to make contact with the snack vendor to avoid imminent harm from the charging fans?144Does a defendant have a privilege to use force in self-defense against another’s lawful use of force?
Does 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?
For 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?
How 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?
May 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?
What 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?
If 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?
Can an initial aggressor terminate a defender’s privilege to use force in self-defense?151What is the duty to retreat?
What 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?
Does 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 ...
In jurisdictions that impose a duty to retreat before using deadly force in self-defense, under what circumstances must a defendant retreat before using deadly force?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...
A 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. While walking to her car after the concert, the fan encountered a thief, who said he had a gun in his bag. The thief threatened to shoot the fan if the fan did not hand over the scarf. However, the fan also had a gun hidden in her bag. This event occurred in a jurisdiction that has not adopted a stand-your-ground law.Does the self-defense privilege allow the fan to fire her gun?155What is the necessity defense?
What is the necessity defense?156What is the public-necessity defense?
What 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...
A gardener owned a greenhouse filled with rare plants. A biomedical researcher believed that one of the plants in the greenhouse contained a compound that could be developed to cure cancer. The gardener refused to let the researcher take samples from the plant. One night, without permission but convinced that the action was necessary for the public good, the researcher entered the greenhouse and took a small clipping from the plant. The clipping caused the plant no harm, and the researcher’s visit had no other impact on the gardener’s property.Assuming the researcher committed a trespass upon the greenhouse, would the public-necessity doctrine provide a defense?158If a defendant makes a successful public-necessity defense, what is a defendant’s liability for damages incurred in averting the public harm?
If 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...
Wildfires 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 resident used a bulldozer to plow down a large number of trees growing on a tree farm to create a fire break on the edge of town. The fire break was effective and spared the town from harm. The tree farm, however, lost a large number of trees as a result of the resident’s bulldozing efforts. The resident did not have the tree-farm owner’s permission to plow the trees.Is the resident liable to the tree farm owner for the value of the lost trees?160What is the private-necessity defense?
What 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...
May a person privileged to enter land by private necessity use reasonable force against the possessor of the land to enforce the privilege and avoid serious personal harm?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...
If the private-necessity privilege allows someone to enter land to avoid serious harm, is the landowner liable for harm if she prevents that person from entering the land?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. ...
A 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. At lunchtime one day, the brother opened a jar of peanut butter, causing the friend to have a life-threatening allergic response. The friend knew that the sister carried an injector to treat allergic reactions. Without asking permission, the friend grabbed the sister’s injector and used it, averting imminent death. A moment later, the brother opened a jar of strawberry jam. The sister had only the one injector, which the friend had used. Without an injector, the sister suffered a serious reaction from the exposure to the jam.Assuming the friend was privileged to use the injector, must the friend pay for the sister’s injuries from her allergic reaction?164May a person privileged to enter land by public necessity use reasonable force against the possessor of the land if the possessor denies permission...
May a person privileged to enter land by public necessity use reasonable force against the possessor of the land if the possessor denies permission to enter?165How does the private-necessity defense differ from the public-necessity defense?
How 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?
May 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?
May 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...
Before a chattel owner employs reasonable force to prevent another person from wrongfully taking the owner’s chattel while the taking is in progress, is the chattel owner obligated to demand that the taker cease and desist?169May an individual use deadly force to protect or reclaim an interest in property?
May 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?
May 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?
Is 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...
For what three purposes is a parent or other person with responsibility for a child privileged to use reasonable force or confinement against the child?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?
May 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...
Intentional infliction of emotional distress (IIED) occurs if:(1) a person engages in ________ and ________ conduct that(2) ________ or ________ causes a victim to suffer(3) ________ emotional distress.175Under tort law, what are the three elements of conversion?
Under 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...
The 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?
In 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...
Private necessity privileges an actor to commit what would otherwise be actionable trespass to land, trespass to chattel, or conversion if what three criteria are met?