Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Torts > Torts MBE > Flashcards

Torts MBE Flashcards

1
Q

Battery

A

1) Harmful or offensive contact
2) With plaintiff’s person
3) Intent
4) Causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Assault

A

1) D puts plaintiff in reasonable apprehension
2) Of an imminent battery
3) Intent
4) Causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

False imprisonment

A

1) Act/omission that confines or restrains P
2) To a bounded area
3) Intent
4) Causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Insufficient methods of confinement or restraint for false imprisonment

A

Moral pressure and future threats

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is a bounded area?

A

Freedom of movement must be limited in all directions with no reasonable means of escape known to plaintiff

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

IIED

A

1) Extreme and outrageous conduct
2) Intent OR RECKLESSNESS
3) Causation
4) Damages- severe emotional distress

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Extreme and outrageous conduct

A

Transcends all bounds of decency

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Conduct that is not normally outrageous may become outrageous if (3)

A

1) It is continuous
2) It is directed toward a certain type of plaintiff, such as child, elderly, or super-sensitive adult whose sensitivities are known to D
3) Committed by a defendant such as common carrier or inkeeper

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Does IIED require proof of physical injury?

A

No, though it may help proving the harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Bystander IIED

A

Either make out a regular showing of IIED elements or

1) P was present when injury occurred
2) Close relative of the injured person
3) D knew both of those facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Trespass to land

A

1) Physical invasion of real property
2) Intent
3) Causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What intent is needed for trespass to land?

A

Just to intend to enter the land. Doesn’t need to know the land belonged to another

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Potential plaintiffs for trespass to land

A

Anyone in actual or constructive possession of the land, including airspace and subterranean rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Trespass to chattels

A

1) Interference with P’s right of possession in a chattel
2) Intent
3) Causation
4) Damages- actual damages, at least to possessor right

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Two types of interference for trespass to chattels

A

1) Intermeddling- damaging the property

2) Dispossession- depriving P of his lawful right to possession of the chattel

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Conversion

A

1) Act of interference with P’s right of possession in chattel
2) So serious that it warrants requiring payment of full value
3) Intent
4) Causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Remedies for conversion

A

Either damages (FMV at time of conversion) or possession (replevin)

18
Q

Difference in damages for two types of trespass to chattels

A

1) Dispossession- damages based on rental value

2) Intermeddling- recovery of actual damages from harm to chattel or loss of use

19
Q

Can children consent to intentional torts?

A

Yes, but only to age-appropriate invasions

20
Q

Express consent to intentional torts will make D not liable unless

A

1) Consent was based on mistake that D knew and took advantage of
2) Consent induced by fraud to an essential matter
3) Consent obtained by duress unless the duress was threats of future action or economic deprivation

21
Q

Two kinds of implied cosnent

A

1) Apparent consent comes from custom and usage or P’s conduct
2) Consent implied by law- action necessary to save a person’s life or some other important interest in person or property

22
Q

When is deadly force appropriate?

A

Where faced with a deadly threat. Modern trend requires retreat if possible, unless you’re in your home

23
Q

Defense of property

A

One may use reasonable force to prevent tort against her property. Must first make request to desist or leave unless it would be futile

24
Q

When does defense of property not apply? (rule and exception)

A

Once the tort has been committed, though one may use force in hot pursuit of another who has tortiously dispossessed the owner of chattels because the tort is still being committed

25
Q

Mistake for defense of property

A

Reasonable mistake allowed as to whether intrusion occurred or whether a request to desist is required. NOT allowed as to whether the entrant has a privilege unless entrant leads D to reasonably believe entry was not privileged

26
Q

Entry onto land to remove chattels

A

1) On wrongdoer’s land- Owner is privileged to enter land reclaim at a reasonable time/manner after first making demand for return
2) On land of innocent party- Same but owner will be liable for damage caused by entry
3) If chattels on land of another through owner’s fault, no privilege to enter

27
Q

Defamation

A

1) Defamatory language
2) Of or concerning plaintiff
3) Publication to a third party
4) Damage to P’s reputation

28
Q

What is a defamatory statement?

A

One that tends to adversely affect repruation

29
Q

If statement is not defamatory on its face

A

P may plead additional facts as “inducement” to establish defamation by “innuendo”

30
Q

Level of intent for defamation publication

A

Intent to publish, not to defame. Can be made intentionally or negligently

31
Q

Libel

A

Written or printed publication of defamatory language

32
Q

Slander per se

A

Treated like libel. 4 categories

1) Adversely reflects on one’s conduct in business or profession
2) One has a loathsome disease
Guilty of a crime involving moral turpitude
4) A woman is unchaste

33
Q

Defenses to defamation

A

1) Consent
2) Truth
3) Privilege (absolute and qualified)

34
Q

Absolute privilege includes

A

Spousal communications, government officials, fair reporting privilege

35
Q

When are special damages required on MBE for defamation?

A

Not for libel or slander per se, but for slander not per se

36
Q

Invasion of right to privacy torts

A

1) Appropriation of image/name
2) Intrusion on seclusion
3) False Light
4) Disclosure

37
Q

Appropriation issues (2)

A

1) Newsworthiness exemption

2) Not limited to famous people

38
Q

Disclosure issues (2)

A

1) Newsworthiness exception

2) Underlying information must truly be private

39
Q

Fraud/Misrepresentation

A

1) Defendant makes misrepresentation of fact
2) Deliberately or recklessly
3) Intent to induce reliance
4) Reliance is is justifiable
5) Causation
6) Damages

40
Q

Interference with business relations

A

1) Existence of a k between P and 3P or valid business expectancy
2) D knows of the contract or expectancy
3) Intentionally interferes
4) Damage
5) ABSENCE OF PRIVILEGE

41
Q

Malicious prosecution

A

1) Files a criminal or civil proceeding against P
2) Without probably cause and for improper motive
3) Damage

42
Q

To establish attractive nusiance

A

1) Dangerous condition on the land that owner is or should be aware of
2) Knew or should have known that children frequent the area
3) Condition is likely to cause injury
4) Expense of remedying the situation is slight compared with the magnitude of the risk

Torts (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions