Quiz 7 Content (Test 2)

Question 1

tort

Answer 1

• a civil wrong (lawsuits, civil victim action)
• cause of action (COA, can seek legal remedy)
• an act that’s either intentional/unintentional
• a failure to perform a legal obligation/duty
• a violation/invasion of another’s right

Question 2

facet 1

Answer 2

• π’s case
• Prima facie case
• Elements: 1, 2, AND 3 ALL have to be proven (except for fraud, trespass)

Question 3

facet 2

Answer 3

• Δ’s case (response)
• Affirmative answers & defenses (“ya I did it, but here is my justifications for why I did it and why you can’t sue me”)

Question 4

facet 3

Answer 4

• remedies
• compensatory, punitive, equitable (CPE)

Question 5

levels of fault for torts

Answer 5

a) intentional
b) reckless
c) negligence
d) innocent

Question 6

what are the 4 groups of intentional torts?

Answer 6

harm to person
harm to dignity
harm to property
harm to economic interests

Question 7

harm to person

Answer 7

• assault
• battery
• (false imprisonment)
• infliction of emotional distress

Question 8

harm to dignity

Answer 8

• defamation
• invasion of privacy (appropriation, intrusion, false light, public disclosure of private fact)
• misuse of legal procedure

Question 9

harm to property

Answer 9

• real property: trespass & nuisance
• personal property: conversion

Question 10

harm to economic interests

Answer 10

• interference w/a contractual relationship
• disparagement
• fraudulent misrepresentation (fraud)

Question 11

“reasonable person”

Answer 11

• objective test, NOT subjective
• (getting in Δ’s head)

Question 12

what torts do you need to know?

Answer 12

INTENTIONAL:
- assault
- battery
- defamation
- trespass
- nuisance
- conversion
- fraud
- invasion of privacy (x4)
- wrongful interference w/ a contractual relationship
UNINTENTIONAL:
- negligence
- strict liability (not tortious)

Question 13

Tort of Assault: Facet 1

Answer 13

1) an intentional unlawful threat to cause bodily injury to another by force
2) under circumstances which create in the other person a well-founded fear of imminent peril
- doesn’t matter if Δ intended the consequences, what matters is they did it
- ask would a reasonable person be reasonably certain that consequences would result from threats (depends on specific circumstances: adult, child, disability)
- victim was aware of threat
- harm threatened has to be IMMINENT
- Δ has to have apparent present ability to carry out act

Question 14

Tort of Assault: Facet

Answer 14

1) self defense (admit, justify, not liable)
2) consent (when you participate in an activity that’s part of the threat, i.e. trash talk in game)
3) privilege (police have privilege to threaten bc it’s part of their job)

Question 15

Tort of Assault: Facet 3

Answer 15

CPE

Question 16

Tort of Battery: Facet 1

Answer 16

1) Δ touched π’s person (doesn’t have to be body on body, can be extension, does NOT have to be imminent e.i. Bomb, poison)
2) with the intent to touch (NOT intent to inflict injury, simply intent to do the act)
3) in a manner offensive to a reasonable person (harm & sexual)
- DON’T HAVE TO PROVE INJURY

Question 17

Tort of Battery: Facet 2

Answer 17

1) consent (ex: sports, have to prove, reasonable person in position of Δ would have assumed the π consented to the touching)
2) medical consent (informed of procedures & risks in advance, exception: emergency, must be imminent)
3) self defense (Δ must prove that they had first a reasonable apprehension of imminent bodily harm & used a reasonable counterforce to avert that harm)
4) privilege of arrest (police, can’t arrest w/o touching so not considered battery, must be a legal arrest, if illegal then battery)
5) SoL = 2 years, clock starts at time of assault, exception: criminal cases (murder & rape)
6) res judicata (a matter that has been adjudicated by a competent court and may not be pursued further by the same parties, DJ)

Question 18

Tort of Battery: Facet 3

Answer 18

CPE

Question 19

crime of battery v tort of battery

Answer 19

facet 1: have to prove the same elements
facet 2: same exceptions, but NO insanity in tort
facet 3: incarceration (prison)
- crime = specific type of action broken down (rape, manslaughter, etc)
- tort = all battery, all about touching, not specific