Units 1 & 2 Flashcards
(112 cards)
The elements of battery are…
(1) Direct or indirect bodily contact was made with P;
(2) The contact was harmful or offensive;
(3) D’s action caused the contact with P; and
(4) D intended the contact or apprehension of contact.
Battery
First, …
First, bodily contact with P occurred.
Bodily contact is the act of touching of another person or something attached to their body.
Here, bodily contact with P occurred when [facts].
Battery
Second….
Harmful
Second, the contact was harmful.
Harmful bodily contact (1) physical impairment of the condition of another’s body, (2) physical pain or (3) illness.
D created harmful bodily contact because he did [X] which caused [y] as proved by [z].
Battery
Second,….
Offensive
Second, [x] was offensive. [X facts ] show this contact was unwarranted by social standards prevalent at the time and place and would offend a reasonable sense of personal dignity.
Battery
Third,….
Third, D’s voluntary, volitional movement caused the contact because [x].
Battery
Fourth,…..
Fourth, D intended to cause the harmful (or offensive) contact [or apprehension of harmful (or offensive] contact because he acted with the purpose of doing [x]. (Or acted knowing with substantial certainty if he did [x], [y] was virtually certain to occur. This intent is evidenced by [y].
[optional for dual intent: If dual intent standard applies actor must also intend the contact to be harmful or offensive.]
The elements of assault are….
(1) P had reasonable apprehension or anticipation of imminent contact;
(2) The anticipated contact would be harmful or offensive;
(3) Apprehension was caused by D’s volitional, voluntary actions;
(4) D intended to cause contact or apprehension of harmful or offensive contact.
Assault
First,…
First, P had reasonable apprehension or anticipation of imminent bodily contact with their person.
Imminent apprehension is reasonable if a reasonable person in P’s position would have an expectation that harmful or offensive contact is about to occur unless prevented by self-defense or some other external force and P believes the actor had the ability to make contact.
P had reasonable apprehension of imminent contact. When D did [x], a reasonable person would have expected the harmful or offensive contact of [y] was imminent unless prevented by self-defense or some outside force because [z].
Assault
Second….(harm)
Second, the bodily contact would have been harmful.
Harmful bodily contact is any (1) physical impairment of the condition of another’s body, (2) physical pain or (3) illness.
The contact would have been harmful because if D did [x] it would have caused P to experience [y].
Assault
Second,….offensive
Second, the contact would have been offensive because [x] would offend a reasonable sense of personal dignity and is unwarranted by the social usages prevalent at this time.
Assault
Third,….
Third, D caused the imminent apprehension.
An actor causes apprehension of contact when his volitional, voluntary actions result in apprehension of contact.
D caused P’s apprehension of contact because he did [x].
Assault
Fourth….
Fourth, D intended to cause contact or apprehension of imminent contact that would be harmful (or offensive) because he acted with the purpose of doing [x] (or acted knowing with substantial certainty [x] would occur). This is proven by [y].
Elements of False Imprisonment
The elements of false imprisonment are:
(1) P is confined within boundaries set by D;
(2) P was aware of the confinement or harmed by it;
(3) D’s act directly or indirectly caused the confinement; and
(4) D intended to cause the confinement of P or another person.
False imprisonment
First,….
First, P was confined within boundaries set by D because D used [x] to which P submitted. This caused confinement because [y facts].
Options for x:
(1) physical barriers
(2) physical force or restraint
(3) express or implied threats of immediate physical force or restraint
(3) duress OR
(4) invalid or unlawful legal authority
False imprisonment
Second…..(aware)
Second, P was aware of the confinement because he was conscious of [y].
False Imprisonment
Second…. (harmed)
Second, P was harmed by the confinement.
Confinement is harmful when it causes pain, illness or injury.
P experienced [pain, injury or illness] because D did [x].
False Imprisonment
Third….
Third, D’s voluntary, volitional actions [directly][indirectly] confined P because [x].
False Imprisonment
Fourth,…..
Fourth, D intended to confine P.
Intent is satisfied when an actor acts with the purpose of causing confinement or acts knowing with substantial certainty his actions will lead to the confinement of another.
When D did [x], he acted [for the purpose of confining P][knowing with substantial certainty that P would be confined] because [y].
Elements of Intentional Infliction of Emotional Distress (IIED)
The elements of IIED are
(1) P suffered emotional distress
(2) the emotional distress was severe,
(3) D’s conduct was extreme and outrageous
(4) D intentionally or recklessly caused the distress.
IIED
First,…
First, P suffered emotional distress because he experienced the mental reactions of [x] which are extremely unpleasant as shown by [y].
IIED
Second,…..
Second, P’s emotional distress was severe because [x] was beyond what any reasonable man could be expected to endure because of [y].
IIED
Third,….
Third, D’s conduct of [x] was extreme and outrageous because it surpassed all bounds of decency which a civilized society will tolerate.
IIED
Fourth,…(intentional)
Fourth, D’s conduct was intentional.
Conduct is intentional when an actor consciously brings about emotional distress or knows with a substantial certainty that emotional distress will occur.
When D did [x], they consciously caused [or knew with substantial certainty that P would experience] emotional distress.
Elements of Bystander IIED
(1) P must be present when D injures the victim or must have immediate perception of the injury;
(2) P must be a close relative of the injured victim;
(3) D must know P is present and related to the victim;
(4) P does not need to show relationship or presence if D hurts victim soley to damage P.