Midterm Flashcards
What two things do you need to prove for a battery?
Must prove it is harmful or offensive and must prove intent
What does harmful mean?
any detrimental change in the physical condition of a person’s body.
Is there a sub rule to harmful? If so what is it?
Yes, the sub-rule is that there is no requirement that the detriment is major. It has to be any type of change in the person’s physical condition of their body.
What does offensive mean?
Offends a reasonable sense of personal dignity and must be unwarranted by the social usages prevalent at the time or place.
What is assault?
imminent apprehension of physical or mental damages, no contact is needed.
Can words be assault?
Words cannot be assault unless there is an action or circumstance that makes it become imminent.
What are nominal damages?
small awards that prevent civilians from being petty cases to court.
What does outrageousness mean?
Conduct must be so extreme in degree as to go beyond all bounds of decency and utterly intolerable.
What two things do you need to prove intent?
Purpose and Reckless disregard.
What is causation?
A proximate cause for an injury such as a broken floor or slipping on water.
What four things do you need to prove the intentional infliction of emotional distress?
Outrageousness, Intent, Causation, and Emotional Distress as a result of the infliction.
What is a Private nuisance?
It protects a possessor’s interest in the use and enjoyment of his/her land.
What is a Public nuisance?
It protects the interests common to the public. A group of people who share the same interests. Such as health, safety, comfort, and convenience.
What is the totality of circumstances?
All of the factors that contribute to the events of the case.
What is trespass to chattel?
A Chattel is any type of personal property that is movable. To be considered for trespass the chattel must have been taken, damaged, or used. This is your ordinary trespass.
