mod 3

Question 1

Assault

Answer 1

Intentional act causing reasonable apprehension of imminent harmful or offensive contact. No physical contact required.

Question 2

Apprehension

Answer 2

Awareness that contact is about to occur. Not the same as fear.

Question 3

Imminent Contact

Answer 3

Contact that is about to happen immediately—not in the future.

Question 4

Transferred Intent (Assault)

Answer 4

Intent to commit one intentional tort (e.g., battery) that results in another (e.g., assault) can satisfy intent requirement.

Question 5

Conditional Threats

Answer 5

Threats contingent on compliance (e.g., “Give me your wallet or else”) that still qualify as assault.

Question 6

False Imprisonment

Answer 6

Intentional, unlawful restraint of a person in a bounded area without reasonable means of escape.

Question 7

Consciousness of Confinement

Answer 7

Victim must usually be aware of the confinement unless harm results.

Question 8

False Arrest

Answer 8

A form of false imprisonment where someone is detained under invalid or unauthorized legal authority.

Question 9

Trespass to Chattels

Answer 9

Intentional interference with another’s personal property that causes harm or deprives use.

Question 10

Conversion

Answer 10

Serious interference with personal property warranting full value compensation.

Question 11

Dominion and Control

Answer 11

Exercising authority over someone else’s property as if it were your own.

Question 12

Good Faith Mistake

Answer 12

Belief you own or are entitled to the property; not a defense in trespass to chattels or conversion.

Question 13

Trespass to Land

Answer 13

Unauthorized physical invasion of another’s real property. Can be by a person, object, or substance.

Question 14

Above/Below Surface Rights

Answer 14

Landowners’ rights include limited vertical space above and below the surface; only actionable when there’s interference.

Question 15

Continuing Trespass

Answer 15

Ongoing invasion (e.g., structure built across property line) that renews the tort daily.

Question 16

Discovery Rule

Answer 16

Delays the start of the statute of limitations if the harm was not discoverable through reasonable diligence.

Question 17

What are the required elements of the tort of assault?

Answer 17

Intent, an act creating reasonable apprehension of imminent harmful or offensive contact, and the apparent ability to carry it out.

Question 18

How does assault differ from battery and criminal assault?

Answer 18

Tortious assault requires apprehension of contact without actual touching (battery requires contact); criminal assault varies by jurisdiction but often includes attempted or threatened harm.

Question 19

Why is apprehension, rather than fear, the critical element in assault?

Answer 19

Because the law protects the mental disturbance of expecting imminent contact—not whether the victim was actually afraid.

Question 20

Under what conditions can words alone be enough for assault?

Answer 20

When the words, in context, clearly indicate a threat of imminent harm and are accompanied by conduct that reinforces that threat.

Question 21

How does conditional assault function legally?

Answer 21

A threat conditioned on the victim’s compliance (e.g., “If you don’t leave, I’ll hit you”) can still be assault if it creates apprehension of imminent harm.

Question 22

What are the required elements of false imprisonment?

Answer 22

Intent to confine, actual confinement within a bounded area, and awareness of the confinement or harm from it.

Question 23

What qualifies as a “bounded area” in this context?

Answer 23

An area where the victim’s freedom of movement is limited in all directions, with no reasonable means of escape.

Question 24

When does omission count as confinement?

Answer 24

When the defendant has a duty to act (e.g., unlock a door) and fails to do so, resulting in confinement.

Question 25

How does false arrest differ from malicious prosecution?

Answer 25

False arrest addresses unlawful restraint at the time of arrest; malicious prosecution involves wrongful legal proceedings after arrest.

Question 26

Why is the victim’s awareness typically required?

Answer 26

Because false imprisonment is a dignitary tort meant to protect autonomy; awareness reinforces the personal impact of the restraint.

Question 27

What constitutes a trespass to chattels?

Answer 27

Intentional interference with another’s personal property that causes harm or deprivation of use.

Question 28

How does the tort handle temporary, minor interferences?

Answer 28

Minor interferences may still be actionable if there is actual damage or measurable loss of use, even if brief.

Question 29

Why is intent enough, even if there was no bad faith?

Answer 29

The tort requires only intent to do the act that interferes—not intent to harm or wrongdoing.

Question 30

What distinguishes conversion from trespass to chattels?

Answer 30

Conversion involves serious interference that effectively deprives the owner of the property’s use entirely, warranting full value damages.

Question 31

What factors determine if interference is serious enough to be conversion?

Answer 31

Duration of control, defendant’s intent, extent of harm, inconvenience to the owner, and whether the property was returned.

Question 32

Can intangible property be the subject of conversion?

Answer 32

Generally no, but some courts allow it if it’s merged with a tangible document (e.g., a stock certificate or hard drive).

Question 33

What must a plaintiff prove to establish trespass to land?

Answer 33

Ownership or possessory interest, intentional physical invasion, and no necessity of actual harm.

Question 34

How does intent apply in cases of mistaken entry?

Answer 34

Intent to enter is enough—even if the person mistakenly believes they have the right to enter.

Question 35

Can gases or other particles constitute trespass?

Answer 35

Yes, if they are tangible, perceptible, and invade another’s property in a substantial way.

Question 36

How do courts treat trespass claims involving drones or airspace?

Answer 36

Courts evaluate whether the drone intrudes into the “immediate reaches” of the airspace needed for the property owner’s use and enjoyment.

Question 37

What’s the difference between permanent and continuing trespass?

Answer 37

Permanent trespass happens once with lasting effects (e.g., building on someone’s land); continuing trespass involves repeated or ongoing invasions.

Question 38

Why is assault criticized for being both under-inclusive and over-inclusive?

Answer 38

It’s under-inclusive because it misses emotional harms without imminent threat; over-inclusive because it punishes harmless but alarming acts.

Question 39

How does false imprisonment reflect concerns about autonomy and freedom?

Answer 39

It protects a person’s right to move freely and not be restrained against their will without legal justification.

Question 40

What’s the significance of the discovery rule in environmental trespass cases?

Answer 40

It delays the statute of limitations until the plaintiff discovers (or reasonably should discover) the harm caused by the trespass.

Question 41

Why might courts struggle to define coercion in false imprisonment claims?

Answer 41

Because coercion is subjective and context-dependent—courts must assess if the victim’s will was overborne without obvious physical restraint.