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Bar Exam > MBE Torts > Flashcards

MBE Torts Flashcards

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MBE flashcards
1
Q

Battery

A

Arises where D intentionally causes harmful or offensive contact w/ the P or something closely related to P.

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2
Q

Battery Elements

A
  1. Intent
  2. Harmful or Offensive Conduct
  3. to person or something closely related to person.
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3
Q

Battery Intent

A

P must show either: 1) that the D desired offensive conduct; or 2) that the D knew contact was substantially likely.

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4
Q

Assault

A

Arises where the D intentionally places the P in a reasonable apprehension of an imminent battery.

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5
Q

False Imprisonment

A

Arises where D intentionally confines P to a bounded area against P consent and P is aware of confinement OR is injured by the confinement.

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6
Q

Intentional Infliction of Emotional Distress

A

an intentional or reckless act amounting to extreme and outrageous conduct that causes the P severe mental distress

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7
Q

Trespass to Land

A

an intentional act that causes a physical invasion of plaintiff’s land.

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8
Q

Trespass to Chattels

A

an intentional act by D that interferes with the P chattel, causing harm.

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9
Q

Conversion

A

an intentional act by D that causes the destruction of or serious and substantial interference with P chattel.

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10
Q

Consent (IT)

A

if P consents to the intentional act that constituted the tort the D is not liable. The consent must be effective and must not exceed the scope of consent.

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11
Q

Self Defense (IT)

A

Defense to intentional tort where the D can assert that she used reasonable force to prevent P from engaging in an imminent and unprivileged attack. The D may only use the degree of force reasonably necessary to avoid the harm threatened by P. Conduct must be about to happen, must not have been averted, must not have ended.

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12
Q

Defense of Others (IT)

A

Defendant may defend another person from an attack by the P to the same extent that the 3d. person would be lawfully entitled to defend himself from P. MBE: a D who makes a mistake about whether def. of 3d. person is justified or as to the degree of force that is reasonable, cannot assert the def. and will be liable to P for int. tort.

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13
Q

Defense of Property (IT)

A

D may use reasonable force to prevent P from committing a tort against D property. The amount of force must be no greater than necessary to prevent the threatened harm.

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14
Q

Necessity (IT)

A

D is permitted to injure P property if this is reasonably necessary to avoid substantial greater harm to the public, to himself, or to his property.

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15
Q

Shopkeeper’s Privilege (IT)

A

D/shopkeeper is not liable for false imprisonment or a related tort if he has reasonable suspicion that P has stolen goods, uses reasonable force to detain the person, and detains P for a reasonable period and in a reasonable manner.

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16
Q

Duty (Neg.)

A

an obligation requiring the D to conform to certain SOC for the protection of other against unreasonable risk.
If D conduct places P in a postion where she req. aid –> D has duty to aid P
If D takes action to aid –> must carry through with aid.
If D has a special relationship with P –> duty to take affirmative action

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17
Q

Negligence Per Se

A

1

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18
Q

Duty to Control Third Parties

A

Parent has a duty of reasonable care to control child form creating an unreasonable risk of bodily harm to others.
A master has a duty of reasonable care to control his servant.

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19
Q

Negligent Infliction of Emotional Distress

A

Two theories: 1) the direct claim; and 2) the bystander action.

Direct Claims- arise when P: 1) is in the zone of danger (area where P has a risk of being physically injured); and 2) suffers some accompanying physical manifestation of the emo distress.

Bystander Actions- arise where the physical harm occurs to a love one and the 3d party bystander sues for his own emo distress.

MBE: Bystander must 1) be located near the scene; 2) suffered emo. distress resulting from the observance; and 3) have a close relationship w/ the victim.

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20
Q

Elements of Negligence

A

1) Duty
2) Breach
3) Causation
4) Damages
5) Defenses

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21
Q

Land Possessor Liability

A

1 What category does the involved injury fall into?

  1. Activities - injury occurs from conduct of persons on the land
  2. Artificial Condition - created by persons
  3. Natural Conditions
  1. Trespasser: Known or Unknown
  2. Licensee
  3. Invitee
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22
Q

Invitees

A

1

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23
Q

Licensees

A

1

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24
Q

Trespassers

A

1

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25
Q

Attractive Nuisance

A

1

26
Q

SOC (Neg.)

A

1

27
Q

Medical Malpractice

A

1

28
Q

Brach of Duty

A

1

29
Q

Cause in Fact

A

1

30
Q

Proximate Cause

A

1

31
Q

Superseding Cause

A

1

32
Q

Intervening Force

A

1

33
Q

Damages

A

1

34
Q

Defenses to Neg.

A
  1. Contributory Neg.
  2. Comparative Neg.
  3. Assumption of Risk
35
Q

Contributory Negligence

A

1

36
Q

Comparative Negligence

A

1

37
Q

Assumption of Risk

A

1

38
Q

Strict Liability

A

1

39
Q

Categories of Strict Liability

A

1

40
Q

Defenses to Strict Liability

A

1

41
Q

Products Liability

A

1

42
Q

Strict Products Liability

A

1

43
Q

Defenses to Products Liability

A

1

44
Q

Public Nuisance

A

1

45
Q

Private Nuisance

A

1

46
Q

Types of Nuisance

A
  1. Public

2. Private

47
Q

Defamation

A

1

48
Q

Elements of Defamation

A

1

49
Q

Types of Defamation

A

1

50
Q

Defenses to Defamation

A

1

51
Q

Intrusion upon Seclusion

A

1

52
Q

Appropriation of Identity or Likeness

A

1

53
Q

Public Disclosure of Private Facts

A

1

54
Q

Portrayal in a False Light

A

1

55
Q

Defense to Invasion of Privacy

A

1

56
Q

Intentional Misrepresentation (Fraud)

A

1

57
Q

Interference w/ Contractual Relations

A

1

58
Q

Vicarious Liability

A

1

59
Q

Joint and Severally Liable

A

1

60
Q

Contribution

A

1

61
Q

Indemnity

A

1

62
Q

Survival of Actions

A

1

Bar Exam (2 decks)

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