Scenarios
As a joke, Annette removes the bullets from her father’s revolver; takes the gun outside, and points it at the head of her neighbor, Mrs. Joiner, who is just leaving her hose. Mrs. Joiner, who unknown to Annette suffers from serious heart disease has a stroke and dies instantly.
What can Annette be charged with?
What is assault?
What legal consequences can come from being charged with assault?
What is jail for 6 months and who do I make this $1000 fine to?
When scrolling through social media Mary notice her friend posted a picture of when they went out to a party when they were suppose to be at the library studying. Mary worries her parents will see the picture and asks her friend to take down the picture, but the friend refuses.
Is this invasion of privacy?
What is no?
Slander and libel are examples of what tort?
What is defamation?
True or false
Simply borrowing an item and refusing to return it on time and as agreed can make a defendant liable for conversion.
What is true?
Seth and Ferman argue over who should have won a basketball game. Ferman insults Set’s favorite team, the Buckets. He calls its players lazy, worthless, and lucky. Seth is outraged. He has been a Bucket fan for years. Losing all control, Seth punches Ferman in the month. Ferman suffers two broken teeth, three chipped teeth, and a badly cut lip that requires 10 stitches.
Can Seth be charged with battery?
What is yes?
What is the key difference between assault and battery?
Why does someone physically harm another person in battery while only threatening them in assault.
In 2006 Aaron Tonken falsely said that David Schwimmer asked for two Rolex watches in payment for his attendance at a charity affair.
Can David sue Aaron for defamation?
What is yes.
(David did sue and won the case)
Violating someone’s right to live his or her life without unwarranted or undesired publicity
What is invasion of privacy?
True or false
All theft can be considered conversion but not all conversion is considered theft.
What is true?
Mary Murray sued Wal-Mart, claiming she was unreasonably detained by the store’s employees who suspected her of shoplifting. The plaintiff claims profane and racially derogatory comments were directed to her by the manager in front of her daughter, grandchildren, and the general public. As a result of this humiliation, she acquired a nervous condition.
What tort is this?
What is intentional infliction of emotional distress
What is one defense case someone may use when charged with assault or battery?
Why don't you believe me when I say that I...
did not attempt to use force;
acted in self-defense;
did not act willfully;
was falsely accused;
did not actually touch them
A young man is found loitering around Susan's front yard and she sees him come up to her house but just sits on her porch. She tells him to get off her property but he says he's just waiting for hi ride. She calls the police and tells him again to leave but he refuses. Even though he is not doing anything, is he trespassing?
What is yes?
Stealing a product and using it in a way that was not agreed upon in a mutual agreement with the rightful owner.
Conversion
What is at least one penalty for being charged with conversion?
How do I...
Return the money or personal property if such an act is possible;
Reimburse the owner for loss of use or loss of enjoyment of that personal property or money;
Serve a prison sentence for up to a year or longer
Wells left his golf club lying on the ground in his backyard. While playing with a friend in the yard, Wells’ son swung the club hitting and injuring his friend.
Can Well's son be charged with battery?
What is no?
Conduct that usually presents no danger is not unreasonable and hence presents no danger.
What are the 5 elements necessary for a battery charge?
What is contact, harmful, offensive act by the defendant, intent, victim
Joe has an embarrassing speech impediment. Aaron verbally and physically mimics Joe over 30 times in front of numerous other people. As a result, Joe is quite shaken up. Joe has been under a doctor’s care for years, but does not seek additional care as a result of Aaron’s conduct.
What tort is this?
What is Intentional Infliction of Emotional Distress
What is intentional tort?
What is a tort in which the defendant means to commit the injurious act?
What are damages?
What is the monetary award to compensate for the loss caused by a tort?
"Pay the damages"
Kathleen, 17, is in a record store. As she passes a rack of compact discs, she quickly slips one under her jacket. Thinking that no one has noticed, she turns to leave the store. The store manager, however was watching her on a closed-circuit television. As soon as she passes the cash register, he stops her, before she leaves the store. The manager calls the police and keeps Kathleen in his office until they come.
Is this false imprisonment?
Why no?
(Shopkeepers privilege)
Alex challenges Steve to a fight after school, and the two boys agree to meet behind the school later that day. During the fight, Steve punches Alex once in the nose, causing permanent disfigurement.
Can Alex sue Steve for battery?
Why no?
Officer Smith, a Seattle policeman, suspects that Amy has let her dog run wild without a leash, violating a city ordinance. Officer Smith asks Amy for her driver’s license. Amy refuses, at which point Officer Smith tells Amy that he will be forced to take her to jail if she does not comply. Amy refuses again, at which point Officer Smith arrests her, even though the city ordinance does not require citizens to produce a driver’s license for not keeping their dog on a leash.
What tort is this?
What is false imprisonment?
You have a contract to sell 100 widgets to Company A. But Company A has many lucrative contracts with Company B. Company B is considering branching out into widget manufacturing and wants to eliminate the competition. So Company B threatens to stop doing business with Company A unless Company A breaches its contract with you.
What tort is this an example of?
What is interference with contractual relations.
Think beyond: why don't politicians sue for defamation more often?
What is the first amendment?