Chapter 2

Question 0

In most Intentional Torts cases:

Answer 0

The civil case comes after any criminal charge has been disposed of. If the defendant enters a plea of guilty to the criminal charge, this fact can be raised in the civil case. If the defendant is sentenced to a lengthy prison sentenced term, suing him might prove to be fruitless.

Question 1

Intentional Tort

Answer 1

A civil action based on a defendant’s purposeful, intentional act that causes harm, as opposed to a defendant’s act that causes harm through negligence.

Question 2

Personal Injury Cases

Answer 2

Refer to lawsuits involving negligence, such as car wrecks, slip and fall cases, and product liability cases.

Question 3

Assault

Answer 3

When the defendant causes the plaintiff to have fear or apprehension of a harmful or offensive contact.

Question 4

Fear or Apprehension in an Assault

Answer 4

Fear is not a requirement. The victim must simply be apprehesive of the contact.

Question 6

Battery

Answer 6

When the defendant causes harmful or offensive contact to the plaintiff.

Question 7

Elements

Answer 7

The points raised by the plaintiff in his complaint that must also be proved at trial; failure to prove these points will often result in a dismissal of the plaintiff’s case.

Question 8

The Elements of Assault

To prove the tort of assualt, the plaintiff must show:

Answer 8

1. That the defendant intentionally cause the plaintiff to have
2. Fear or apprehension of a
3. Harmful or offensive contact.

Question 9

Element: Defendant did knowingly and intentionally:

Answer 9

Proof: Testimony that the defendant acted voluntarily.

Question 10

Element: Cause Apprehension

Answer 10

Proof: Plaintiff’s testimony about his reaction to the defendant’ss action.

Question 11

Element: Of a harmful or offensive contact.

Answer 11

Proof: Plaintiff’s testimony about what the contact defendant did.

Question 12

Prima Facie

Answer 12

(Latin) “At first sight”; the party has presented adequate evidence to prove a particular point.

Question 13

The Reasonable Person Standard:

Answer 13

A guideline that the courts use as an alternative to the subjective viewpoints of the parties involved.

Question 14

Assault vs. Battery

Answer 14

If an assault is an attempted battery, battery is a completed assault.

Question 15

The Elements of Battery

To prove the tort of battery, the plaintiff must show:

Answer 15

1. That the defendant intentionally
2. Made contact with the plaintiff that was
3. Harmful or offensive.

Question 16

Contact in a battery

Answer 16

Refers to any contact with the plaintiff, no matter how slight.