Page 1

Question 0

Is there merger doctrine in intentional torts?

Answer 0

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

Question 1

What are intentional torts?

Answer 1

When the defendant intentionally commits a tort through a:

1. volitional act
2. with requisite intent
3. that is the cause of the
4. resulting harm suffered by the plaintiff

Question 2

What is the prima facie case?

Answer 2

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

Question 3

What does “preponderance of the evidence” mean?

Answer 3

More than 50%. It must be proven that each element is more likely than not

Question 4

What are the prima facie case elements of intentional torts?

Answer 4

• voluntary act
• intent
• causation
• harm/injury

Question 5

What is a voluntary act for an intentional tort?

Answer 5

An act that is conscious or willed

Question 6

Is a reflex voluntary?

Answer 6

No, because it is not conscious or willed

Question 7

What is the intent for intentional torts?

Answer 7

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

Question 8

What is the causation element for intentional torts?

Answer 8

There must be a causal connection between the defendant’s conduct and the plaintiff’s injury, including extenuating consequences

Question 9

What is the harm or injury for an intentional tort?

Answer 9

Damages

Question 10

What is summary judgment?

Answer 10

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

Question 11

What kind of standard is the substantial certainty element of intent?

Answer 11

Subjective, because it looks into the mind of the defendant

Question 12

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

Answer 12

Circumstantial evidence

Question 13

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

Answer 13

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

Question 14

What is recklessness?

Answer 14

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

Question 15

What is an example of recklessness?

Answer 15

Driving super fast and risking a collision

Question 16

What are the intentional torts that transferred intent applies to?

Answer 16

BAFTT

• B: battery
• A: assault
• F: false imprisonment
• T: trespass to chattels
• T: trespass to land

Question 17

What is transferred intent?

Answer 17

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

Question 18

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

Answer 18

Battery, because of transferred intent

Question 19

What is the mistake doctrine?

Answer 19

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

Question 20

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

Answer 20

• mistaking the identity of a victim or property

- thinking incorrectly there was a privilege

Question 21

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

Answer 21

Trespass, because of mistake doctrine

Question 22

Are insanity or infancy defenses to intentional torts?

Answer 22

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

Question 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?

Answer 23

7

Question 24

Are parents liable for their children's torts?

Answer 24

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

Question 25

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

Answer 25

Yes, because of your improper supervision

Question 26

What are the seven intentional torts?

Answer 26

CAB FITT - Conversion - Assault - Battery - False Imprisonment - IIED - Trespass to land - Trespass to chattels

Question 27

How many intentional torts are there?

Answer 27

7

Question 28

What is the intentional tort of assault?

Answer 28

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

Question 29

What are the elements of assault?

Answer 29

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

Question 30

What are the ways to satisfy intent for assault?

Answer 30

Intent to cause: - immediate harmful or offensive contact - immediate apprehension of such contact

Question 31

Can an accident be an assault?

Answer 31

No because of the intent element

Question 32

Does transferred intent apply to assault?

Answer 32

Yes

Question 33

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

Answer 33

Reasonable. A reasonable person in the same position would've experienced the same apprehension

Question 34

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

Answer 34

A reasonable person in the same position would've experienced the same apprehension

Question 35

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

Answer 35

No, as long as the plaintiff believes he is able

Question 36

What is the apprehension element of assault?

Answer 36

P is aware that imminent harmful or offensive contact will occur unless he takes evasive action

Question 37

What is an example of apprehension for assault?

Answer 37

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

Question 38

Is the plaintiff under an obligation to avoid contact and conditional assaults?

Answer 38

No

Question 39

What is a conditional assault?

Answer 39

The plaintiff's compliance is conditioned on an unlawful demand

Question 40

What does "imminent" mean for assault?

Answer 40

No significant delay

Question 41

How can words negate intent for assault?

Answer 41

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

Question 42

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

Answer 42

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

Question 43

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

Answer 43

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

Question 44

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

Answer 44

No

Question 45

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

Answer 45

No, just apprehensive

Question 46

Are words alone enough for assault?

Answer 46

Usually not without an overt act

Question 47

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

Answer 47

- threatening to spit on someone | - standing behind someone and telling them not to turn around or you will shoot

Question 48

What is the intentional tort of battery?

Answer 48

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

Question 49

Who has the burden of proof for intentional torts?

Answer 49

The plaintiff must make out the prima facie case

Question 50

What are the elements of battery?

Answer 50

- voluntary act - intent to cause contact - harmful or offensive - contact * causation and the lack of intent

Question 51

What is required for the voluntary act for battery?

Answer 51

Volitional movement of some part

Question 52

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

Answer 52

Yes, and you're liable for your torts

Question 53

What are the major categories of torts?

Answer 53

- Intentional torts - Negligence - Strict Liability - Miscellaneous

Question 54

What is a good example of substantial certainty?

Answer 54

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

Question 55

What intentional tort does transferred intent not apply to?

Answer 55

IIED

Question 56

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

Answer 56

Whether a reasonable person in the same situation would experience the same apprehension?

Question 57

Can future harm count as an assault?

Answer 57

No, the harm must be imminent

Question 58

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

Answer 58

Maybe, this creates an issue of imminent

Question 59

What is the purpose of the assault tort?

Answer 59

Protecting freedom from fear and apprehension