Finals Elements Flashcards
1
Q
Assault
A
- Def acts
- Intending to cause battery or apprehension of imminent battery
- Reasonable Apprehension results
2
Q
Battery
A
- Def acts
- Intending to cause harmful/offensive contact
- Harmful/offensive contact results
3
Q
IIED
A
- E/O Conduct
- Intent or substantial disregard of causing EED
- Causal link between conduct and EED
- EED
4
Q
Conversion
A
Intentionally exercises substantial dominion over the property of another
5
Q
Trespass to Chattels
A
- Intentionally and without justification
- Damages property or interferes with exclusive enjoyment
- PLNTF is thereby harmed
6
Q
Trespass to Land
A
- Tangible Invasion
- Harms interest in exclusive possession
PLNTF must prove ownership
7
Q
False Imprisonment **McCann v. Walmart
A
- Conduct which intends to and does
- Confine another
- Boundaries fixed by the actor
- Victim either conscious or harmed
- Without legal authority
8
Q
Negligence
A
- Duty
- Breach
- Factual Cause
- Scope of Liability
- Injury
9
Q
Defamation
A
- Publication of
- Defamatory Material
- Concerning PLNTF
Level of culpability depends on public v private figure and concern
a. DEF has burden of proving truth as an affirmative defense
b. Presumed to be malicious
c. Damages presumed if private figure and concern
D. Nowadays some sort of fault, falsity, or damages need to be proven.
10
Q
Invasion of Privacy
A
Liability is established if the intrusion is highly offensive to a reasonable person
