TORTS
To establish a prima facie case for false imprisonment, the following elements must be proved:
What is
An act or omission to act that confines or restrains the plaintiff to a bounded area
Intent to confine or restrain the plaintiff
Causation
Which rule gives a defendant the right to file a motion and raise any or all specified defenses prior to filing an answer?
What is Rule 12(b)
Published in 1962, this comprehensive and coherent body of criminal law has greatly influenced the drafting of state criminal statutes.
What is the Model Penal Code (M.P.C.)
In which case did three men feed off of the body of a younger boy while lost at sea?
What is Regina (The Queen) v. Dudley and Stephens
A defamatory statement recorded in writing or some other permanent form
What is libel
What are the three types of personal jurisdiction?
What are
1. in personam
2. in rem
3. quasi in rem
A killing done in the heat of passion
What is voluntary manslaughter
In which case was the plaintiff injured by a dropped package containing fireworks?
What is Palsgraf v. Long Island R.R.
The following elements must be proved for ______.
Misrepresentation made by defendant in a business or professional capacity
Breach of duty toward particular plaintiff
Causation
Justifiable reliance by plaintiff upon the misrepresentation
Damages.
What is negligent misrepresentation
Placing an item in the _________, in addition to another act that shows the intent to serve a particular state, is a sufficient basis for personal jurisdiction.
What is stream of commerce
__________ will shield the defendant from liability if the act is a mere coincidence or is outside the foreseeable sphere of risk created by the defendant’s act.
What is an intervening act
In which case did both defendants serve as the proximate cause in the plaintiff's injuries while shooting at quail?
What is Summers v. Tice
Which doctrine imposes a duty on a landowner to exercise ordinary care to avoid a reasonably foreseeable risk of harm to children caused by artificial conditions on his/her property.
What is the "Attractive Nuisance" Doctrine
Which rule allows a party to assert a claim in a pending case against a co-party if the claim arises from the same transaction or occurrence as the underlying dispute?
What is Rule 13(g)
Voluntary intoxication is a defense if it negates ________,
What is "specific intent"
In which case did the court hold that a corporation is deemed to be “present” in a state for jurisdiction purposes when the activities of the corporation in that state have been continuous and systematic?
What is International Shoe Co. v. Washington
Juan and Carlos were students at Culver Junior High School. In Latin class one morning, Carlos decided to play a practical joke to Juan. As Juan was about to sit down at his desk, Carlos pulled Juan’s chair from behind. As a result, Juan fell on his rump. Although he was not injured, Juan was embarrassed by the incident.
If Juan asserts a claim against Carlos, Juan will most likely
A. Recover for assault
B. Recover for battery
C. Recover for intentional infliction of mental distress
D. Recover for trespass to chattels
What is B. Recover for battery
A man was injured when the engine of his new motorcycle that he purchased earlier that day exploded. Prior to filing the action, the man’s attorney consulted an engineer concerning the possible defects in the engine. Which of the following is true regarding a potential discovery request of the engineer?
A. The opinion of an expert who will be called to testify is discoverable.
B. Discovery of the engineer’s opinion cannot be obtained because it constitutes work product.
C. The opinion of an expert is discoverable only if it is solicited or obtained prior to the commencement of litigation.
D. Discovery of an expert’s opinion is privileged.
What is A. The opinion of an expert who will be called to testify is discoverable
In most states the division of homicide into degrees is distinguished according to which of the following:
A. The casual relationship between defendant’s act and the resulting death
B. The attendant circumstances surrounding the death
C. The nature of the act causing the death
D. The defendant’s state of mind at the time the killing was committed
What is D. The defendant's state of mind t the time the killing was committed
Which case stated that a state may not exercise in personam jurisdiction over a nonresident on the basis of property ownership alone?
What is Pennoyer v. Neff