But I've had the best of intentions from the start
Who's afraid of the big black bat(tery)?
Don't touch my stuff!
You're so annoying! You stifle me!
You scared me.
100
The 7 intentional torts.
What are battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, trespass to chattel, conversion?
100
The prima facie case for the tort of batter.
What is the defendant cause a BODILY CONTACT to be experienced by the plaintiff; the bodily contact was HARMFUL; and the defendant acted with INTENT.
100
The prima facie case for trespass to land.
What is the defendant violated the plaintiff's interest in the EXCLUSIVE POSSESSION of real property and the defendant acted with INTENT.
100
The prima facie case of false imprisonment.
What is the defendant acted INTENDING to CONFINE the plaintiff within a FIXED BOUNDARY; the defendant's acts resulted in the COMPLETE CONFINEMENT of the plaintiff and the plaintiff was CONSCIOUS of the confinement.
100
The prima facie case for assault.
What is the defendant cause the plaintiff APPREHENSION of an IMMINENT HARMFUL BODILY CONTACT and the defendant acted with INTENT.
200
This element of intent excludes the very young and the profoundly mentally ill.
What is legal capacity?
a. The defendant had the legal capacity to possess intent; an ability to perceive and conform to behavioral standards.
200
The additional element of intent for battery.
What is intent for assault.
200
The prima facie case for trespass to chattel.
What is the defendant violated the plaintiff's interst in the PHYSICAL CONDITION or the FUNCTION of personal property and the defendant acted with INTENT.
200
Complete Confinement (elements)
What is
when there is no avenue of escape that is:
available/physically feasible
reasonable (for the plaintiff to use)
of which the plaintiff is aware
200
To satisfy apprehension standard one must ask...
Would a reasonable person in the position of the defendant have expected the reaction of the plaintiff?
If not, should the defendant have known the plaintiff was idiosyncratic?
300
The elements of intent.
What are legal capacity, voluntary actions, and purpose/substantial certainty?
300
This is implied.
What is causation?
300
The prima facie case for conversion.
What is the defendant violated the plaintiff's interest in the right to POSSESS personal property and the defendant acted with intent.
300
The exceptions to consciousness.
What is the baby in the bank vault and the unconscious person?
300
The prima facie case for the intentional infliction of emotional distress.
What is the plaintiff experienced sever emotional distress, caused by the defendant's extreme and outrageous conduct and the defendant acted with intent.
400
The four sub-parts to purpose/certainty.
What are purpose or desire, substantial certainty, congruence and transferred intent.
400
How is the reasonable person applied to the BODILY CONTACT element?
Ask:
i. Whether a reasonable person in the position of the plaintiff would agree that in a given situation there was a violation of the individual’s physical interest or bodily integrity?
ii. Would a reasonable person in the situation of the defendant believe that the bodily contact was socially acceptable?
1. Yes – element satisfied
2. Should a reasonable person have known that the plaintiff was idiosyncratic?
a. Yes- element satisfied
400
Repair.
What is the remedy for trespass to chattel?
400
What are the requirement to should one should be exempt from the consciousness requirement.
What are the plaintiff was incapable of consciousness and the plaintiff can show physical deprivation/harm?
400
When the plaintiff experiences severe emotional distress, caused by the defendant's careless conduct.
What is Negligent Infliction of Emotional Distress?
500
The substantial certainty syllogism.
What is
a. major premise: a reasonable person in the position of the defendant would have known to a substantial certainty that the plaintiff would by hurt given how the defendant acted under the circumstances.
b. minor premise: the plaintiff is not meaningfully different from the average/reasonable person.
500
This allows for anyone to sue for any kind of bodily harm.
What is the lack of a deminimus threshold?
500
Replacement.
What is the remedy for conversion?
500
The prima facie case of nuisance.
What is the defendant unreasonably inteferred with the plaintiff's exclusive right to USE AND ENJOYMENT of their real property and the defendant acted with INTENT.