Prima Facie

Question 1

Assault

Answer 1

Volitional, affirmative action

Question 2

Battery

Answer 2

Volitional, affirmative action

Question 3

False imprisonments

Answer 3

Intent to confine
Affirmative act
Confinement
Causation and proximate cause
Lack of consent
Damages

Question 4

Intentional Infliction of Emotional Distress

Answer 4

Act by defendant
Intent
Causation
Sever emotional distress

Question 5

Trespass to Property

Answer 5

Act by defendant 
Intent
Intrusion upon Land
Plaintiff in possession or entitled to immediate possession
Causation

Question 6

Trespass to Chattels

Answer 6

Act by defendant 
Intent
Invasion of chattels interest 
Plaintiff in possession or entitled to immediate possession
Causation
Damages

Question 7

Conversion of Chattels

Answer 7

Act by defendant
Intent
Substantial invasion of chattels interest
Plaintiff in possession or entitled to immediate possession
Causation

Question 8

Product Liability

Answer 8

Existence of a defect
Causation
Damages
Intended use

Question 9

Slander per se

Answer 9

C - criminal behavior
L - loathsome behavior
U - unchastity
B - business practices which are improper

Question 10

Negligence

Answer 10

Duty
Breach
Cause
Damage

(Causation broken into two- causation in fact and legal or proximate cause)
Some majority of courts divides the element into 4 and minority of courts divide into 3 for causation- duty, breach, and injury proximately caused by breach)

Question 11

Attempt

Answer 11

Consists of a specific intent to commit a crime and an act in furtherance of that intent which sufficiently approaches completion of the crime.

Question 12

Attempt - Mens rea

Answer 12

1) the intent to commit the acts or cause the results constituting the target crime
2) the intent necessary for the target crime (e.g., attempted murder requires intent to cause death). Note that intent may be a necessary elements of attempt to commit a strict liability crime.

Question 13

Attempt - Actus Reus

Answer 13

Is an act that progresses sufficiently towards commission of the attempted offense. A number of criteria have been used or scheduled to determine whether the defendant’s act is sufficient:
1) act must go beyond mere “preparation” and into the zone of “perpetration”

2) defendant must have committed the last proximate act before commission of the offense
3) defendant must have obtained control over all factors indispensable to the commission of the crime - I.e., nothing must be left undone
4) defendant’s conduct must be physically proximate to the intended crime
5) defendant must have gone so far that in the ordinary course of events ( without interference) the crime would be completed (probable desistance test)
6) the act itself must show unequivocally that defendant intended to complete the crime (equivocally” or “res ipsa loquitur” test)
7) the Model Penal Code would require that the conduct constitute a substantial step strongly corroborative of defendant’s intent to complete the crime. This approach is gaining increasing acceptance.

Question 14

Voluntary Manslaughter - Elements of Provocation reducing murder to manslaughter

Answer 14

Common law requires all four of the following elements
1) reasonable provocation

2) the defendant was actually provoked
3) absence of adequate cooling period
4) no actual cooling off.

Modern statutes also often require all or most of these requirements.

Question 15

Res Ipsa Loquitur

Answer 15

1) the event ordinarily does not occur in the absence of negligence
2) the event is caused by an agency or instrumentally within the exclusive control of defendant
3) the event is not caused by any voluntary action or contribution by plaintiff.