Intentional Torts

Question 1

Battery

Answer 1

a harmful or offensive contact with the P’s person

Question 2

Assault

Answer 2

a reasonable apprehension of imminent unlawful (harmful or offensive) contact with P’s person

Question 3

False Imprisonment

Answer 3

An act confining the P to a bounded area.

Question 4

Trespass to Land

Answer 4

a physical invasion of the P’s land

Question 5

Trespass to Chattels

Answer 5

Interference with P’s possession of a chattel through intermeddling or dispossession

Question 6

Conversion

Answer 6

Interference with P’s possession through intermeddling or dispossession that was severe/sufficient enough to completely diminish value

Question 7

Nuisance

Answer 7

Substantial and unreasonable interference with the P’s use and enjoyment of property
1. Public and 2. Private

Question 8

Defamation

Answer 8

1. Defamatory statement
2. of or relating to the plaintiff
3. Publication
4. Damages (injury to reputation)

Defamatory statement is on that has an adverse effect on the plaintiff’s reputation. Usually, must be a statement of fact, and statements of opinion are not actionable. However, a statement of opinion will be actionable if the opinion is based on specific facts and the expression of the facts would be defamatory.

Presumed if: libel or slander per se
Slander per se: 1. business or profession, 2. loathsome disease, 3. unchaste woman, 4. Moral turpitude crime
Otherwise, special damages required

Constitutional issues:
Plaintiff must prove falsity of the statement
Fault based on:
status of plaintiff
status of subject matter
standards of fault: con malice and negligence

If the plaintiff is a public figure/official, actual malice is required.
If the plaintiff is not a public figure, but the matter is of public concern, than the P must allege the statement was made with negligence. If the matter is purely private, no fault requirement. To determine, the court will look to the content, form, and context of the publication.

Question 9

Invasion of Privacy

Answer 9

1. Appropriation by D of P’s name or picture for D’s commercial advantage
2. Intrustion into P’s privacy or seclusion
3. Publication of facts painting P in a false light
4. Publication of private facts about P

Question 10

Malicious Prosecution

Answer 10

1. Institution of criminal proceedings against P (filing police report)
2. Termination in P’s favor
3. Absence of probable cause (insufficient facts for a RP to believe that P was guilty or D, in fact did not actually believe P was guilty)
4. improper purpose (something other than justice)
5. Damages

Prosecutors are immune from liability
Have extended to cover civil cases

Question 11

Defenses

Answer 11

1. Consent
2. Self-Defense, Defense of others, defense of property
3. Necessity
4. Privilege of Arrest

Defamation/Invasion of Privacy
1. Truth (if matter not of public concern)
2. Absolute or qualified privilege
Absolute: remarks made during judicial proceedings, legislators during proceedings, federal officials, between spouses, compelled broadcasts

Qualified privilege;

1. Legitimate interest in information provided and reasonable for the D to make the publication
2. Can be lost through abuse (not in scope of privilege or malice)

Question 12

Intentional Infliction of Emotional Distress

Answer 12

1. Intentional or reckless act
2. Constituting outrageous and extreme conduct
3. That caused the Plaintiff
4. Severe emotional distress