Buzzer Beater

Question 1

Egg Shell Plaintiff

Answer 1

Don’t forget it

Question 2

Battery

Answer 2

1. Intentional
2. Non-consented
3. Touching

Question 3

Assault

Answer 3

An overt physical acted intended to and DOES cause reasonable apprehension of an imminent battery.

Question 4

Torts Rubric

Answer 4

Duty
Breach
Causation
Damages

Question 5

False Imprisonment

Answer 5

1. Intentionally
2. Confines victim
3. to a bounded area
4. victim is either aware of or harmed by confinement

Question 6

Intentional Infliction of Emotional Distress

Answer 6

Occurs if an actor

1. Engages in extreme and outrageous conduct, by which the actor
2. Intentionally or recklessly causes a victim to suffer
3. Severe emotional distress

IIED can arise from the actor’s intent or recklessness.

Question 7

Trespass Land

Answer 7

1. Intentional and
2. Unlawful
3. Physical entry onto real property
4. In possession of another

Question 8

Nuisance

Answer 8

1. Unreasonable Interference with
2. the possessor’s use and enjoyment of property

Public nuisance and private nuisance

Question 9

Conversion

Answer 9

An actor

1. Intentionally exercises control over
2. the personal property of another
3. Seriously interferes with possessory rights

Question 10

Trespass to Chattel

Answer 10

Actor

1. Intentionally
2. Interferes with
3. Someone else’s right of possession in chattel
4. in a manner not sufficiently serious to justify forcing the actor to pay the full value of chattel.

Question 11

Consent (Defense)

Answer 11

Informed, voluntary, given by someone with legal capacity

Question 12

Self-Defense and Defense of Others

Answer 12

Reasonable!

Question 13

Necessity (Defense)

Answer 13

Public or private

Question 14

Negligence

Answer 14

Duty
Standard of Care
Breach
Actual and proximate cause
Harm

Question 15

Contributory Negligence (Defense)

Answer 15

In these jurisdictions, defendant is completely absolved if the plaintiff’s negligence actually and proximately caused the injury

Question 16

Last-Clear-Chance Doctrine

Answer 16

Contributory Neg inapplicable if defendant had the last clear chance to avoid harm by reasonable care

Question 17

Assumption of Risk

Answer 17

Negligent or reckless actor is not liable to a victim who is aware of an unreasonable risk but voluntarily proceeds anyway

Question 18

Several Liability

Answer 18

From a given tortfeasor, the plaintiff may recover only that tortfeasor’s share of the award

Question 19

Joint-and-Several Liability

Answer 19

The plaintiff may recover the total award from one, some, or all tortfeasors, regardless of allocation

Question 20

Strict Liability

Answer 20

No culpability required, generally applies to abnormally dangerous activities, injuries caused by animals, and products liability