OUCH!!
The elements of battery
What are
1. Intent
2. Harmful or Offensive Touching
3. With the Plaintiffs Person
(Causation + damages)?
What are
1. Intent
2. An act of restraint against plaintiff
3. Confinement to a bounded area
(Causation + damages)
The difference between real and personal property
What is real property is land and buildings and personal property is moveable?
A defendant must prove this type of defense on the preponderance of the evidence
What is an affirmative defense?
A civil wrong, other than a breach of contract, for which the law provides a remedy for
What is a tort?
The elements of assault
What are
1. Intent
2. To place someone in Reasonable Apprehension
3. Of an immediate Battery
(Causation + damages)
The exception to a false imprisonment claim
What is the shopkeeper’s privilege?
Required intent for a trespass
What is the intent to be on the land?
—you do not have to know that you are trespassing
This type of defense can be either expressed or implied
What is consent?
The burden of proof in a civil case
Who is the preponderance of the evidence?
Planting a bomb that will explode in the University of Alabama atrium in the middle of the night. Although it was to set to explode late in the night when people aren’t usually around, there were students in the area and they died as a result. This is an example of this type of intent.
What is knowledge intent?
—there was a high chance that the harm would result, it was substantially likely to occur
These three elements must be considered reasonable under the shopkeeper’s privilege
What is a reasonable period of time detained, a reasonable manner of restraint, and reasonable belief on behalf of employer?
Trespass to land requires this element, which light, sound, and smell are NOT examples of
What is a physical invasion?
A defendant can use the defense of self only if...
What is..
1. The harm was IMMINENT
2. The threat was GENUINE
3. The responsive force was PROPORTIONAL?
The three types of damages that can be awarded in a tort case
What are compensatory, punitive, and nominal damages?
The standard that is used to measure the the apprehension experienced by a victim
What is the reasonable person standard?
The elements of the intentional infliction of emotional distress
What are
1. Intentional or Reckless
2. Outrageous Conduct
3. Severe Emotional Distress
(Causation + damages)?
A plaintiff no longer wants to keep the chattel because it is so useless and completely damaged. This is...
What is conversion?
What is deadly force?
A party can file a motion for this when there is no dispute between parties of a material fact, and a decision can be rendered as a matter of law
What is summary judgment?
If a defendant desires to produce any consequence forbidden by law with respect to any person, the law says he is liable even if a different consequence occurs or a different person is harmed.
What is transferred intent?
The standard for determining outrageous conduct
What is an ORDINARY member of the community with ORDINARY SENSIBILITIES?
The CRITICAL distinction between trespass to chattels and conversion
—chattels: remedy is the repair costs to fix the chattel
—conversion: remedy is the fair market value of the item
What is public necessity?
This ICONIC country singer graced us with her song Before He Cheats to serve as an example of trespass to chattels/conversion
Who is Carrie Underwood?