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What are intentional torts?

When defendant intentionally commits a tort through a volitional act with requisite intent that is the cause of the resulting harm suffered by the plaintiff

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Is there merger doctrine in intentional torts?

No, so you can have a battery and an assault because plaintiff recovers for each intentional tort he can prove

2

What is The prima facie case?

The elements of plaintiff has to prove to establish a claim by a preponderance of the evidence

3

What Does a preponderance of the evidence mean?

More than 50%, must prove that each element is more likely than not

4

What are the prima facie case elements of intentional torts?

- voluntary act
- intent
- causation
- Harm/injury

5

What is a voluntary act for an intentional tort?

Act that is conscious or willed

6

Is a reflex voluntary?

No, because it is not conscious or willed

7

What is the intent for intentional torts?

Either desire the results, or know to a substantial certainty they will occur

8

What is the causation element for intentional torts?

There must be a causal connection between defendant's conduct and plaintiff's injury, including extended consequences

9

What is the harm or injury for an intentional tort?

Damages

10

What is summary judgment?

When there are no material facts in dispute, the judge will rule before the jury makes a decision, and this ends the case unless the party appeals

11

The substantial certainty element of intent is a what kind of standard?

Subjective, because it looks into the mind of the defendant

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How can you figure out what a defendant's desire or actual intent was?

Circumstantial evidence

13

What Is required for the substantial certainty element of intent for intentional torts?

Defendant is or should be substantially certain that his acts will cause the tort

14

What is recklessness?

D takes a substantial or unreasonable risk that the elements of a tort will occur

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Example of recklessness?

Driving superfast and risking a collision

16

What are the intentional torts that transferred intent applies to?

BAFTT
battery, assault, false imprisonment, trespass to chattels, trespass to land

17

What is transferred intent?

The intent to commit one tort satisfies the intent element of another tort and is transferred to the other victim

18

If You intend to hit someone, but accidentally hit someone else, what is your liability?

Battery, because of transferred intent

19

What is the mistake doctrine?

If a defendant intends to do acts that would be a tort, it is no defense if he mistakes something about the situation, even reasonably

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What are some things that might qualify as mistakes for mistake doctrine?

Mistaking the identity of a victim or property, or thinking incorrectly there was a privilege

21

If you enter onto someone's land thinking it is your own, what are you liable for?

Trespass, because of mistake doctrine

22

Are insanity or infancy defenses to intentional torts?

No, but sometimes if the person is very impaired or very young, they do not have the intent to commit the tort

23

What is the age that is often the cut off point where children under it aren't considered able to form intent to harm others?

7

24

Parent liability for their children's torts?

Usually parents aren't vicariously liable for their kids' torts, but they have a duty to supervise their children if they have a reason to know their child is dangerous

25

If you buy your child a knife and they injure someone because they were throwing it around, can you be liable?

Yes, because of your improper supervision

26

What are the seven intentional torts?

Assault, battery, false imprisonment, IIED, trespass to land, trespass to chattels, conversion

27

How Many intentional torts are there?

7

28

What is The intentional tort of assault?

Volitional accident with intent (to make P apprehend a battery) which causes the plaintiff to suffer reasonable apprehension of immediate harmful or offensive contact

29

What Are the elements of assault?

- volitional act
- intent (to put P in apprehension of immediate battery)
- defendant caused harm
- P suffered reasonable apprehension

30

What are The ways to satisfy intent for assault?

- Immediate harmful or offensive contact
- immediate apprehension of such contact

31

Can an accident be an assault?

No because of the intent element

32

Does transferred intent apply to assault?

Yes

33

In order for there to be an assault, the plaintiff's apprehension must be what?

Reasonable - Reasonable person in the same position would've experienced the same apprehension

34

What Does it mean for the plaintiff's apprehension to be reasonable for an assault?

Reasonable person in the same position would've experienced the same apprehension

35

If The defendant lacks the ability to cause harm, does that preclude an assault?

No, as long as the plaintiff believes he is able

36

What Is the apprehension element of assault?

V is aware that imminent harmful or offensive contact Will occur unless he takes evasive action

37

What is an example of apprehension for assault?

If you shoot an arrow above someone's head, and you know there's a substantial certainty they will feel apprehension, you're liable

38

Is plaintive under an obligation to avoid contact and conditional assaults?

No

39

What is a conditional assault?

Plaintiff'scompliance is conditioned on an unlawful demand

40

What does imminent mean for assault?

No significant delay

41

How can the words negate intent?

If you say, "if it weren't a crime, I would beat you up right now"

42

What is needed to show that the actions of the defendant caused the harm for assault?

That the defendant had the actual or apparent ability to inflict the touching

43

If a defendant is holding a gun fifty feet away, can an assault happen even if the gun wasn't loaded?

Yes, as long as the defendant had the actual or apparent ability to inflict the touching

44

If the plaintiff is not looking or is asleep and doesn't form apprehension, can they still be an assault?

No

45

Must the plaintiff be afraid in order for there to be an assault?

No, just apprehensive

46

Words alone enough for assault?

Usually not without an overt act

47

What are the rare situations that words alone can be enough for assault?

Threatening to spit on someone, standing behind someone and telling them not to turn around or you will shoot

48

What is the intentional tort of battery?

Volitional act done with requisite intent (to touch) which causes the plaintiff to suffer a harmful or offensive contact

49

Who Has the burden of proof for intentional torts?

Plaintiff must make out the prima facie case

50

What are the elements of battery?

- voluntary act
- intent to cause contact
- harmful or offensive
- contact

* causation and the lack of intent

51

What Is required for the voluntary act for battery?

Volitional movement of some part

52

If you aren't legally competent, are you still capable of the volitional act?

Yes, and you're liable for your torts

53

Major categories of torts?

Intentional, negligence, SL, miscellaneous

54

What is a good example of substantial certainty?

Throwing a rock into a crowd without intent to actually hit someone, but you can be substantially certain it will happen

55

What intentional tort does transferred intent not apply to?

IIED

56

What is a good question to ask if you're looking at the apprehension element of assault?

What a reasonable person in the same situation experience the same apprehension?

57

Can future harm count as an assault?

No, the ham must be imminent

58

If you were verbally threatened over the phone, can that be an assault?

Maybe, this creates an issue of imminent

59

What is the purpose of the assault tort?

Protecting freedom from fear and apprehension