Torts Flashcards
List the intentional torts.
BF ATTIC
- Battery
- False Imprisonment
- Assault
- Trespass to Land
- Trespass to Chattel
- Intentional Infliction of Emotional Distress
- Conversion
What are the elements of the tort of assault?
- Apprehension;
2. Immediate threat of harm that is more than just words
What is the tort of battery?
The intentional infliction of harm or substantial certainty that harm will occur.
What are the elements of the tort of false imprisonment?
- Direct restraint or confinement to a bounded area
- of physical liberty of another with awareness
- without privilege
What are the elements of the tort of intentional infliction of emotional distress?
- Intentional or reckless conduct
- that is extreme and outrageous
- must be a casual connection between conduct and distress
- emotional distress must be severe
- must intend the harm
What are the elements of the tort of trespass to land?
- Intent to act on the property
- The property belongs to another
- There is an act of physical invasion
What are the elements of the tort of trespass to chattel?
- Disposing another of chattel
- Chattel is impaired in condition, quality, or value
- Deprived of chattels use for a substantial time
- Bodily harm is caused to possessor or the person or a thing has a legal interest
What are the elements of the tort of conversion?
- Interfering with another’s right of possession without permission in chattel
- serious enough to warrant defendant to pay full value of the chattel
- with the intent to act regardless of the intent ot harm
What makes a situation not false imprisonment?
- Plaintiff not aware of confinement
- Merchant rule (ex. shoplifting)
- Moral pressure
- Future threat (immediacy)
- Reasonable alternative escape route
What are the required elements of a cause of action?
- Duty
- Breach of that duty
- Cause
- Damage because of the cause
When is it proper to have a directed verdict?
When plaintiff doesn’t have a case and the defendant is entitled to win as a matter of law.
What are the main elements of negligence?
- Duty
- Breach
- Cause
- Damage
What is a straw man argument?
An argument constructed to look like it matches the argument of the opponent, but there is a flaw that brings the argument down in the end.
How is experct testimony useful?
- It lets the jury know the level of skill that is expected.
- It helps the jury decide if the duty was breached.
What are the three areas in which a attorney’s conduct may be questioned?
- Possession of knowledge or skill
- not required to know everything, but
required to know what ordinary
members of the profession know
- not required to know everything, but
- Exercise of best judgment
- Not best judgment of that professional,
but the best judgment based on the
accepted standard of care for that
profession
- Not best judgment of that professional,
- Use of due care
- Professional’s use of due care in the
application of the professional’s skill
and knowledge
- Professional’s use of due care in the
