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15 Cards in this Set
- Front
- Back
7 INTENTIONAL TORTS
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1.ASSAULT
2.BATTERY 3.CONVERSION 4.FALSE IMPRISONMENT 5.INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS 6. TRESPASS TO LAND 7. TRESPASS TO CHATTELS |
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ASSAULT
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To establish this claim, [plaintiff] must prove all of
the following: [1. That [defendant] acted, intending to cause harmful [or offensive] contact; 2. That [plaintiff] reasonably believed that [he/she] was about to be touched in a harmful [or an offensive] manner;] [or] [1. That [defendant] threatened to touch [plaintiff] in a harmful [or an offensive] manner; 2. That it reasonably appeared to [plaintiff] that [defendant] was about to carry out the threat;] 3. That [plaintiff] did not consent to [defendant]’s conduct; 4. That [plaintiff] was harmed; and 5. That [defendant]’s conduct was a substantial factor in causing [plaintiff]’s harm. |
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BATTERY
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To establish this claim, [plaintiff] must prove all
of the following: 1. That [defendant] [touched [plaintiff]] [or] [caused [plaintiff] to be touched] with the intent to harm or offend [him/her]; 2. That [plaintiff] did not consent to the touching; and 3. That [plaintiff] was harmed [or offended] by [defendant]’s conduct; [and] [4. That a reasonable person in [plaintiff]’s situation would have been offended by the touching.] |
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CONVERSION
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1. That [plaintiff] [owned/possessed/had a right to
possess] a [personal property]; 2. That [defendant] intentionally [insert one or more of the following:] [took possession of the [personal property] for a significant period of time;] [or] [prevented [plaintiff] from having access to the [personal property] for a significant period of time;] [or] [destroyed the [personal property];] 3. That [plaintiff] did not consent; 4. That [plaintiff] was harmed; and 5. That [defendant]’s conduct was a substantial factor in causing [plaintiff]’s harm. |
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FALSE IMPRISONMENT
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To establish this claim,
[plaintiff] must prove all of the following: 1. That [defendant] intentionally deprived [name of plaintiff] of [his/her] freedom of movement by use of [physical barriers/force/threats of force/menace/fraud/ deceit/unreasonable duress]; [and] 2. That [plaintiff] did not consent; 3. That [plaintiff] was [actually] harmed; and 4. That [defendant]’s conduct was a substantial factor in causing [plaintiff]’s harm. |
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INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
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1. That [defendant]’s conduct was outrageous;
2. [That [defendant] intended to cause [name of plaintiff] emotional distress;] [or] [That [defendant] acted with reckless disregard of the probability that [plaintiff] would suffer emotional distress, knowing that [plaintiff] was present when the conduct occurred;] 3. That [plaintiff] suffered severe emotional distress; and 4. That [defendant]’s conduct was a substantial factor in causing [plaintiff]’s severe emotional distress. |
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TRESPASS TO PROPERTY
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A VOLITIONAL AND UNPRIVILEGED ENTRY ONTO THE LAND OF ANOTHER.
PRIVELEGE CAN BE GIVEN THROUGH TIME, SPACE, AND ALSO BY PURPOSE. PRIVELEGE CAN BE TERMINATED BASED ON THESE ELEMENTS. A MISTAKEN BELIEF THAT ONE HAS CONSENT OR THAT THE PROPERTY IS ONES OWN IS NOT A DEFENSE. |
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TRESPASS TO CHATTELS
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1. That [plaintiff] [owned/possessed/had a right to
possess] a [personal property]; 2. That [defendant] intentionally [insert one or more of the following:] [interfered with [plaintiff]’s use or possession of the [personal property];] [or] [damaged the [personal property];] 3. That [plaintiff] did not consent; 4. That [plaintiff] was harmed; and 5. That [defendant]’s conduct was a substantial factor in causing [plaintiff]’s harm. |
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9. PRIVILEGES:
(DEFENSES TO INTENTIONAL TORTS) |
1. self defense
2. consent 3. Authority of law 4. recovery of property 5. necessity 6. defense of property 7. defense of others 8. justification 9. discipline |
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CONSENT
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A plaintiff may express consent by words or acts that are
reasonably understood by another person as consent. A plaintiff may also express consent by silence or inaction if a reasonable person would understand that the silence or inaction intended to indicate consent. |
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SELF - DEFENSE
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To succeed, [defendant] must
prove both of the following: 1. That [defendant] reasonably believed that [plaintiff] was going to harm [him/her]; and 2. That [defendant] used only the amount of force that was reasonably necessary to protect [himself/herself] |
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DEFENSE OF OTHERS
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To succeed, [defendant] must
prove both of the following: 1. That [defendant] reasonably believed that [plaintiff] was going to harm [ANOTHER PERSON]; and 2. That [defendant] used only the amount of force that was reasonably necessary to protect [ANOTHER PERSON] |
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DEFENSE OF PROPERTY
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THE PRIVILEGE TO DEFEND PROPERTY IS LIMITED TO THE USE OF FORCE REASONABLY NECESSARY TO THE SITUATION AS IT APPEARS TO THE DEFENDANT.
WHAT IS REASONABLE WILL BE DECIDED BY A JURY. |
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RECOVERY OF PROPERTY
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(FALSE IMPRISONMENT DEFENSE):
IF ONE REASONABLY BELIEVES THAT ANOTHER HAS UNLAWFULLY TAKEN GOODS HELD FOR SALE, THEN THEY HAVE THE PRIVILEGE TO DETAIN THAT PERSON FOR A REASONABLE INVESTIGATION OF THE FACTS. (BATTERY DEFENSE): REASONABLE FORCE CAN BE USED TO HOLD ANOTHER WHO HAS TAKEN PROPERTY BY UNLAWFUL MEANS. |
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NECESSITY
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PUBLIC NECESSITY:
IN THE ABSENCE OF ANY LEGISLATION ON THE SUBJECT, A PUBLIC OFFICER WILL NOT BE ACCOUNTABLE IN TORT FOR ACTS COMMITTED IN PROTECTING THE GREATER PUBLIC FROM IMINENT HARM. PRIVATE NECESSITY: THE PRIVATE PARTY THAT CLAIMS NECESSITY WILL STILL BE LIABLE FOR DAMAGE CAUSED BY THEIR ACTION. |