Name That Tort!
Voluntary act, intent and causation are three elements of this kind type of tort.
What is [an] Intentional Tort?
Part of the elements of IIED are satisfied when a defendant's actions are _____________________ and ________________ conduct that causes ____________ emotional distress.
What are extreme and outrageous, severe
For any lawsuit, a plaintiff must have this in order to bring suit?
What is standing?
Mootness and ripeness are tied to this doctrine.
What is the Case or Controversy Doctrine?
A matter is referred to by this term when the claim is no longer at issue because it has already been resolved.
What is Moot?
IIED is the abbreviation for this.
What is Intentional Infliction of Emotional Distress?
Consent is an ____________________ __________________ to an intentional tort claim.
What is an affirmative defense?
"Ripeness" and "Mootness" are sub-areas of law covered by this broad term.
What is justiciability?
_____ _____ is the default test for the Establishment Clause.
What is the Lemon Test?
IIEDs are not to be confused for these.
What are NIEDs?
Moral pressure or future threats do not constitute restriction for this intentional tort.
What is false imprisonment?
Consent may be ___________________ or _________________________.
What is Express or Implied?
Under this test, a government law or program may not enact a preference for one religious group over others.
What is the Preference Test?
It is within a judge's purview to assess whether a religious belief is sincerely held.
What is True?
A plaintiff is currently unharmed but may experience harm in the future, thus the issue _____ _______.
What is lacks ripeness?
This tort is laid out in the following fact pattern. While playing a video game, two men get into a shouting match. Man A lunges at Man B with the game controller but misses when he trips over Benny, the python. The game controller hits Sparkle, Man B’s cat who was on a leash and being held by Man B at the time.
What is battery?
Causation is satisfied where the defendant’s _____________________ was a ________________ factor in bringing about the injury.
What is conduct and substantial
The Supreme Court will not review a state court decision when that decision rests on state law grounds that are described using both of these terms.
What are independent and adequate?
The third element of the ____ ______ requires that government action not foster _____________ entanglement between government and ___________.
What are Lemon Test, excessive, and religion?
Laws which intentionally target religious conduct are subject this.
What is strict scrutiny?
Ana [under the influence] has committed this tort by mistakenly parking her car in [neighbor] David’s driveway, leaving him no practical way to move his now bounded car since Ana’s car now acts as a physical barrier in his driveway. As a result, David was not able to leave his house on time for work the next morning and his job terminates him.
What is trespass to chattels?
A ___ ____ may only make an arrest if she is similarly present and the misdemeanor is a ____ __ ___ _____.
What are Private Citizen and Breach of [the] Peace?
This clause draws a distinction between the freedom to believe and the freedom to act based on belief.
What is the Free Exercise Clause?
A voluntary moment of silent prayer at the beginning of a school day in a public school is __________ under the ___________ _________ and would fail to survive the _________ test.
What are unconstitutional, Establishment Clause and Coercion?
This Tort defense allows a parent to use reasonable force or impose reasonable confinement as is necessary to discipline a child. An educator has the same privilege unless restricted by a parent, statute, or other policy.
What is Parental Discipline?