General shit

Question 1

First step of any torts question

Answer 1

Determine the tort tested

Question 2

Intentional Torts (7)

Answer 2

1) battery
2) Assault
3) False imprisonment
4) IIED
5) Trespass to land
6) Trespass to chattels
7) conversion

Question 3

Harm to economic and dignitary interests (4)

Answer 3

8) Defamation
9) invasion of right to privacy
10) misrepresentation
11) Interference with business relations

Question 4

Other torts

Answer 4

12) Negligence
13) Strict Liability
14) Nuisance

Question 5

Step 2: Determine Bar exam testing area

Answer 5

2 bar exam testing areas

Question 6

Testing area 1: Tort liability

Answer 6

Basic task: to determine w/e D is liable to P for any given tort

First question: Can P establish a prima facie case?
Second Question: can D establish any affirmative defenses?

Question 7

Intentional torts to person

Answer 7

1) battery
2) assault
3) false imprisonment
4) IIED

Question 8

Intentional torts to property

Answer 8

5) trespass to land
6) trespass to chattels
7) conversion

Question 9

How to establish primia facie case

Answer 9

1) volitional movement!
2) Intent
3) causation

Question 10

subparts for intent

Answer 10

1) substantial certainty
2) incapacitated D
3) transferred intent

Question 11

Can incapacitated D commit intentional tort?

Answer 11

YES. EVERYONE is liable for intentional torts

Question 12

transferred intent

Answer 12

intent can be transferred from

1) person to person and
2) tort to tort
(a) battery.
(b) assault
(c) false imprisonment
(d) trespass to land
(e) trespass to chattels

Question 13

supersentative P

Answer 13

P’s supersentativities are IRRELEVANT

- Treat P as an “average person”

Question 14

X/C to supersensitive P?

Answer 14

If D KNEW of them.

Question 15

Favorite exam-red hearing: an intentional tort question where an alternative uses negligence language
(ex: d is liable for battery b/c she did not use reasonable care”

Answer 15

chea