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Paralegal > CHAP6 Intentional Torts > Flashcards

CHAP6 Intentional Torts Flashcards

1
Q

1A: Intentional Torts in General

  • Intentional torts consist of ?
  • Intent is broadly defined as ?
A
  • conduct that is fashioned to harm another person or his or her property.
  • the desire to achieve a particular result.
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2
Q

1A: Intentional Torts in General

  • Is Malice or ill required?
  • Intent reflects&raquo_space;»»»»» and must occur&raquo_space;»»»»»>.
A
  • Malice or ill will is not required.

- Intent reflects the tortfeasor’s state of mind and must occur simultaneously with the misconduct.

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3
Q

1A: Intentional Torts in General

Crimes Versus Torts (NOTES)

  • A single act can be the basis for both a tort and a crime.
  • Both crimes and torts involve wrongs.
  • A crime is a wrong against the state or society as a whole.
  • A tort is a wrong against an individual and is considered a civil action.
A

Crimes Versus Torts

  • A single act can be the basis for both a tort and a crime.
  • Both crimes and torts involve wrongs.
  • A crime is a wrong against the state or society as a whole.
  • A tort is a wrong against an individual and is considered a civil action.
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4
Q

1A: Intentional Torts in General

Criminal and Civil Actions

  • Is the standard of proof in a criminal action higher or lower than in a civil action?
  • Criminal action: What is the burden of proof?
  • Civil action: What is the burden of proof?
A
  • The standard of proof in a criminal action is higher than in a civil action.
  • Criminal action: Proof beyond a reasonable doubt
  • Civil action: Preponderance of the evidence
  • *In some civil actions the burden of proof is clear and convincing evidence.
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5
Q

2A: Assault and Battery

Assault Defined

-Assault has three basic elements: What are they?

A
  1. The tortfeasor attempts to make unconsented harmful or offensive contact.
  2. The victim is apprehensive for his or her physical safety.
  3. The threat of contact is imminent.
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6
Q

2A: Assault and Battery

Battery Defined

-Battery has three basic elements: What are they?

A
  1. Nonconsensual physical contact
  2. Offensive or harmful contact
  3. The tortfeasor’s intent to touch another person in an offensive or injurious manner
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7
Q

2A: Assault and Battery

How is assault is distinguishable from battery?

A

Assault is distinguishable from battery in that no touching is required in assault, but touching is required in battery.

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8
Q

2A: Assault and Battery

Battery Defined

Intent

  • What is required from the tortfeasor in order for there to be intent?
  • What is Transferred intent?
A
  • The tortfeasor must have intended to make contact with another individual in a harmful or offensive manner.
  • Transferred intent is the principle that if a person intended to hit another but hits a third person, he or she legally intended to hit the third party.
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9
Q

Intent

What is necessary from the tortfeasor?

A

-The tortfeasor must have intended to make contact with another individual in a harmful or offensive manner.

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10
Q

Intent

What is transferred intent?

A

Transferred intent is the principle that if a person intended to hit another but hits a third person, he or she legally intended to hit the third party.

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11
Q

3A: False Imprisonment

Elements of false imprisonment: (1-4)

A
  1. Confinement without captive’s consent
  2. Tortfeasor’s intent to confine victim
  3. Confinement for an appreciable length of time
  4. No reasonable means of escape
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12
Q

3A: False Imprisonment

Confinement

-All methods of confinement include:

A
  • *A restriction of the victim’s freedom of movement
  • *The captive’s awareness or fear of the restriction
  • *The victim’s nonconsent to the restriction

-Threats of physical or emotional violence can effectively confine a person.

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13
Q

4A: Sexual Harassment

Sexual harassment is ? 1/2

A

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

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14
Q

4A: Sexual Harassment

Sexual harassment is:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the conduct: 2/2

A
  1. Affects an individual’s employment,
  2. Unreasonably interferes with an individual’s work performance, or
  3. Creates an intimidating, hostile, or offensive work environment.
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15
Q

5A: Patient Dumping

What is Patient dumping?

A

Patient dumping occurs when a patient is denied treatment or transferred while in an unstable medical condition.

  • Emergency Medical Treatment and Active Labor Act
  • *Only applies to hospitals that participate in Medicare
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16
Q

6A: Spoliation of Evidence

What is spoliation of evidence?

A

Spoliation occurs when evidence involved in a legal proceeding is deliberately withheld, lost, or destroyed.
In some states spoliation of evidence is both a tort and a crime.

17
Q

Types of Intentional torts

A 
Assault
Battery
False Imprisonment
Sexual Harrassment
Patient Dumping

Paralegal (14 decks)

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