Exam 1

Question 1

Assault

Answer 1

1. Defendants act (physical or verbal) intentionally
2. Causes apprehension of
3. Immediate harmful or offensive contact

Question 2

Battery

Answer 2

1. Intentionally causes

2. Harmful or offensive contact with the plaintiff

Question 3

False imprisonment

Answer 3

1. Unlawfully acts
2. To intentionally
3. Cause confinement or restraint of another within boundaries fixed by the defendant
4. Such confinement occurs (however brief)

Question 4

Intentional infliction of emotional distress (IIED)

Answer 4

1. By extreme or outrageous conduct
2. Intentionally or recklessly
3. Causes
4. Severe emotional distress to another

Question 5

Jurisdiction

Answer 5

1. Defendant (person or entity) OR property involved in the dispute
   AND
2. The subject matter of the dispute

Question 6

Non-commercial speech - content

Answer 6

Compelling government interest test
1. Serve a compelling government interest
AND
2. Be narrowly tailored to achieve that interest

Question 7

Non-commercial speech - content-neutral

Answer 7

Significant government interest test

1. Aimed at curbing a societal problem in which the government has significant interest
2. Not aimed at suppressing expressive content or the “message”

Question 8

Commercial speech - Any (content or content-neutral)

Answer 8

Reasonable/substantial government interest test

1. The government seeks to address a reasonable/substantial government interest
2. The restrictions directly advances that interest
3. The restriction is narrowly tailored to accomplish the objective of advancing that interest

Question 9

Defamation (damage to reputation)

Answer 9

1. Any false statement of fact
2. Published or spoken to a third party
3. That injured the name, reputation, or character of another
4. A. If plaintiff is an ordinary person, plaintiff must prove defendant acted with fault; BUT
   B. If the plaintiff is a public figure, plaintiff much prove defendant acted with actual malice

Question 10

Intrusions into an individuals affairs or seclusion

Answer 10

1. Intrusion into a private place, conversation, or matter

2. In a manner so highly offensive to a reasonable person

Question 11

False light

Answer 11

1. Defendant caused the generation of publicity of the plaintiff that was false or misleading
2. Publicity was offensive to a reasonable person
3. A. If plaintiff is an ordinary person, plaintiff must prove defendant acted with fault
   B. If the plaintiff is a public figure, plaintiff must prove defendant acted with actual malice

Question 12

Public disclosure or private facts

Answer 12

1. Public disclosure
2. Of private fact (cannot already be a fact made public)
3. Disclosure of which would be offensive to a reasonable person
4. Which is not a legitimate public concern

Question 13

Appropriation of identity

Answer 13

1. An appropriation of the name, likeness, or indicia of the plaintiffs identity
2. By the defendant for his own use or benefit

Question 14

Right of publicity (economic interest)

Answer 14

1. Appropriation
2. Of the commercial value
3. Of a persons identity by using the persons name, likeness, or other indicia of identity
4. For purposes of trade

Question 15

Fraudulent misrepresentation

Answer 15

1. Misrepresentation of facts or conditions with knowledge that they are false or misleading. OR with reckless disregard for the truth
2. An intent to induce another to rely on the misrepresentation
3. Justifiable reliance by the deceived party
4. Damage and suffering
5. A casual connection between the misrepresentation and the injury suffered

Question 16

Wrongful interference with a contractual relationship

Answer 16

1. A valid, enforceable, contract must exist between the parties
2. A third party much know the contract exists
3. The third party must intentionally
4. Induce a party to breach or interfere with the contract
5. And plaintiff suffers damages

Question 17

Wrongful interference with a business relationship

Answer 17

1. An “economy expectancy” much exist between the parties
2. A third party must know the economic expectancy exists
3. The third party much intentionally
4. Induce the party to breach or interfere with the economic expectancy
5. Plaintiff must suffer damages

Question 18

Trespass to land

Answer 18

1. Enters land in the possession of another, or causes a thing or person to do so
2. Remains in the land
3. Fails to remove from the land a thing which he is under a duty to remove

Question 19

Trespass to personal property

Answer 19

1. Intentional interference

2. With the right of possession of personal property

Question 20

Conversion

Answer 20

1. An intentional excessive of dominion and control over a charter or an intangible property interest
2. Which so seriously interferes with the right of another to control it that the tortfeasor May be required to pay the other the full value of the chattel

Question 21

Slander of quality

Answer 21

1. Intentional and
2. Unprivileged
3. Publication of
4. A false statement that
5. Disparages the property of another
6. And causes a 3rd party to refrain from dealing with plaintiff, and
7. Causes plaintiff to suffer measurable damage

Question 22

Slander of title

Answer 22

1. Intentional and
2. Unprivileged
3. Publication of
4. A false statement that
5. Disparages (denies or casts doubt) on the legal ownership of another’s property
6. And causes plaintiff to suffer measurable damage