Intent Flashcards

1
Q

Act

A

defendant engaged in a volitional act - a conscious decision to move

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2
Q

Intent

A

For the purpose of causing the outcome; or knowing the substantial certainty that the outcome would result from the act

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3
Q

Purpose of

A

acting with the purpose of causing the outcome

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4
Q

Substantial certainty

A

98% certainty that the result will occur

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5
Q

Children and Mentally Incompetent People

A

a child and a mentally incompetent person can be held liable for an intentional tort if they act with the purpose of or with substantial certainty

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6
Q

Transferred Intent Types

A

unintended victim, unintended tort, and intentional mistaken victim

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7
Q

TI: Unintended Victim

A

the tort against another person

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8
Q

TI: Unintended Victim Example

A

A swings at B, intending to hit B, but A actually hits C

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9
Q

TI: Unintended Tort

A

a different tort against a different person

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10
Q

TI: Unintended Tort Example

A

A intends to scare B by swinging at her (assault), but A actually hits B (battery)

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11
Q

TI: Intentional but mistaken victim

A

A kicks a person, thinking it’s A’s wife, B, it’s not-its C

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