Intentional Torts

Question 1

Battery

Answer 1

a battery occurs when the defendant:

intentionally causes harmful or offensive conduct to the plaintiff’s person.

1. causes or is a substantial factor in bringing about;
2. harmful or offensive conduct;
3. to the plaintiff’s person; and
4. has the specific or general intent to cause the harm

Question 2

Assault

Answer 2

An assault occurs when the defendant:

intentionally causes reasonable apprehension of imminent harmful or offensive bodily contact to the plaintiff’s person.

1. causes or is a substantial factor in bringing about;
2. reasonable apprehension in the plaintiff;
3. has specific or general intent; and
4. of imminent harmful or offensive bodily contact to the plaintiff’s person

Question 3

False Imprisonment

Answer 3

A false imprisonment occurs when the defendant:

intentionally causes the confinement of the plaintiff within fix boundaries.

1. causes or is a substantial factor in bringing about
2. the confinement of the plaintiff within fixed boundaries; and
3. has specific or general intent

Shopkeeper’s privilege: a shopkeeper can detain a suspected shoplifter so long as the detainment is reasonable in both time and manner.

Question 4

Intentional Infliction of Emotional Distress (IIED)

Answer 4

Intentional infliction of emotional distress occurs when the defendant:

intentionally or recklessly acts with extreme or outrageous conduct which causes the plaintiff severe emotional distress

transferred intent does NOT apply to IIED

Question 5

Trespass to Land

Answer 5

A trespass to land occurs when the defendant:

intentionally causes a physical invasion of the plaintiff’s real property

• Mistake of fact is not a defense to trespass
• *The invasion may be by a person or an object

Question 6

Trespass to Chattels

Answer 6

A trespass to chattels occurs when the defendant:

intentionally causes an interference with the plaintiff’s right of possession in a chattel.

Interference by intermeddling: defendant directly damages the chattel.

Interference by dispossession: defendant deprives the plaintiff of his lawful right of possession of the chattel.

Question 7

Conversion

Answer 7

A conversion occurs when the defendant:

intentionally causes an interference so serious that it entirely deprives the plaintiff of the right of possession and use of the chattel.

Question 8

Defenses to Intentional Torts

Answer 8

Consent
Self-Defense and Defense of Others
Necessity (Private or Public)

Question 9

Consent

Answer 9

The plaintiff’s consent to the defendant’s conduct is a defense to intentional torts, provided that:

the express or implied consent was valid within the boundaries of defendant’s boundaries of the consent.

Question 10

Self Defense and Defense of Others

Question 11

Mayhem

Answer 11

an unlawful act by means of physical force resulting in an injury which was done maliciously.

Question 12

False Imprisonment

Answer 12

the intentional, unlawful, confinement of one person by another

Question 13

Kidnapping

Answer 13

Common law: unlawful restraint of a person’s liberty by force or show of force so as to send the victim into another country.

Modern law: abducts (taking the victim from one place to another or when they are secretly confined) or steals away any person; without lawful authority or warrant; and holds that person against his or her will.
- considered a felony under modern law.

Question 14

Bigamy

Answer 14

the crime of marriage by one individual to more than one other person

Question 15

Incest

Answer 15

the crime of sexual relations between individuals who are closely related to one another. The degree of relationship varies by state.

Question 16

Rape

Answer 16

At modern law, rape is sexual intercourse against a victim’s will by force, threat, or intimidation. Requires: proof of sexual intercourse with another compelled by force and against the victim’s will or compelled by threat of bodily injury. Can occur regardless of gender.

At common law, rape is the act of unlawful sexual intercourse by a male person with a female person without her consent. penetration was required, emission was not.

Question 17

Crimes Against Property

Answer 17

1. Larceny
2. Larceny by trick
3. Embezzlement
4. Robbery
5. Obtaining Property by False Pretenses
6. Bad Checks
7. Extortion
8. Receiving Stolen Property
9. Forgery

Question 18

Larceny

Answer 18

Modern law: the taking and carrying away of the property of another with the intent to permanently deprive the owner thereof

Requires that the person obtain possession unlawfully

Abandoned property cannot be the subject of larceny

Mislaid property can be subject to larceny if:
the finder intends to permanently deprive the owner of it and must either know who the owner is or have reason to believe that he can find out the owner’s identity

Question 19

Embezzlement

Answer 19

the fraudulent conversion or misappropriation of the property of another by one who is already in lawful possession.

Conversion is not fraudulent if the defendant honestly believed he had a right to so use the property.

Question 20

Robbery

Answer 20

1. the taking must be from the person or presence of the victim (within the area of his control);
2. the taking must be accomplished either by force or violence; or by intimidation or the threat of violence

Exam Tip: if the victim is placed in fear, though baseless, there may still be a robbery. Fear based on lies qualifies as threats for constituting robbery.

Question 21

Obtaining Property by False Pretenses

Answer 21

the defendant presents a false representation of a present or past material fact that causes the victim to pass title to his property to the defendant who knows his representation to be false and intends thereby to defraud the victim.

Question 22

Larceny by Trick

Answer 22

the defendant obtains possession of the personal property of another by means of a representation or promise that he knows is false at the time he takes possession.

the defendant’s fraud is used to cause the victim to convey possession, not title (as in false pretenses)

Question 23

Extortion

Answer 23

common law: the corrupt demand or receipt of an unlawful fee by a public official under color of his office.

modern law: blackmail - obtaining the property of another by the use of threats of future harm to the victim or his property.

Question 24

Receiving Stolen Property

Answer 24

the receiving of stolen property, known to be stolen, with the intent to permanently deprive the owner.

Question 25

Forgery

Answer 25

the fraudulent making of a false writing with apparent legal significance and with the intent to make wrongful use of the forged document

Question 26

Crimes against the Habitation

Answer 26

Burglary

Arson

Question 27

Burglary

Answer 27

the breaking and entering of a dwelling (structure) of another with the intent to commit a felony or theft offense therein.

under both common and modern law, the breaking may be satisfied where a defendant gains entry by fraud, deception, or threat of force (constructive breaking)

Question 28

Arson

Answer 28

the malicious burning of property

at common law, arson required that the property be owned by another. the modern statutes have expanded this to include where one maliciously burns his OWN property (such as for insurance fraud).

Question 29

Inchoate Crimes

Answer 29

Solicitation
Attempt
Conspiracy

Question 30

Solicitation

Answer 30

Enticing, advising, inciting, inducing, urging or otherwise encouraging another to commit a felony or breach of the peace.
MPC: any offense

Solicitation is complete when it is made.

No agreement is needed

Yes merges into the crime.

Question 31

Attempt

Answer 31

A specific intent to bring about a criminal result and a significant overt act in furtherance of that intent.

Complete when the elements are met.

Merges into the crime.

MPC only requires a substantial step. Common law requires a significant overt act.

Voluntary= true change of heart

Question 32

Conspiracy

Answer 32

all jurisdictions recognize liability for crimes a conspirator aids and abets under the doctrine of accomplice liability.

Where a conspirator does not have the sufficient mens rea for liability as an accomplice, the Pinkerton doctrine provides that each conspirator is liable for the crimes of all the other co-conspirators where the crimes were both: 1) a foreseeable outgrowth of the conspiracy; and 2) committed in furtherance of the conspiratorial goal.

Acquittal of one co-conspirator traditionally results in the acquittal of a single remaining co-conspirator because at least TWO guilty parties are required for a conspiracy conviction.

Not necessary to try more than on conspirator.