Page 2 Flashcards by Megan Woodruff

If you intend to scare someone, but you end up punching them, what have you done?

Committed a battery

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What is required for the intent element of battery?

Must either intend to cause immediate harmful/offensive contact, or intend to cause an immediate apprehension of that contact

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What are the two different ways you can have intent for battery?

Desire to cause a touching, or believe it is substantially certain to result from your act

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If you accidentally hit someone, is that a battery?

No, so you would need to look at strict liability or negligence

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Must you intend harm for a battery?

No, you only have to intend contact

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Does the contact have to be serious for a battery?

No, even minimal contact is okay

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Who bears the risk of unforeseen harm arising from a battery?

Defendant

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Does transferred intent apply to battery?

Yes

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Do psychological affronts count for battery?

Yes

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Does offensive contact have to be harmful for battery?

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Does the plaintiff have to be conscious of the offensive contact at the time of the offense for battery?

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How is the harmful or offensive element of battery determined?

According to the reasonable person, unless the defendant knows the plaintiff has a disability or susceptibility

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What is the definition of harmful for battery?

Something that injures, disfigures, impairs, or causes pain to any bodily organ/function

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What is the definition of offensive for battery?

Anything that would offend a reasonable person’s sense of personal dignity

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How do you deal with a hypersensitive reaction for battery?

If the touching wouldn’t cause a reasonable person offense, but it does the P, the only way for defendant to be liable is if he knew of the plaintiff’s hypersensitivity and proceeded anyway

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Must you make physical contact with the body of another for battery?

No, the contact can be with something closely connected to the body or setting something in motion

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What are some examples of a battery that happens from contact with something closely connected to the body?

Knocking someone’s glasses off or their hat

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What are some examples of setting something in motion that causes a battery?

throwing a rock that hits the P
blowing smoke in P’s face
putting poison in P’s drink

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If you come close to making contact with someone can that be a battery?

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Is it possible to batter someone that is unconscious?

Yes, they don’t have to be aware of the touching at the time

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If you know you have a venereal disease and your partner doesn’t know, do you commit a battery if you have sex with them without telling them?

Yes

When is a battery complete?

As soon as a harmful or offensive touching happens

What are the damages that are available for battery?

Compensatory, nominal, and punitive

What is the minimum damage you can recover for battery?

Nominal damages

What are compensatory damages?

Compensate for the harm suffered

What are the two types of compensatory damages?

General and special

What are general compensatory damages for battery?

Nonpecuniary damages such as: - embarrassment - disfigurement - pain and suffering

What are special compensatory damages for battery?

Identifiable economic losses like: - medical bills - lost wages

What are punitive damages?

When defendant's act is motivated by an intent to injure or harm the plaintiff

What are the factors to figure out if due process was violated by an excessive punitive damage fine?

- reprehensibility of conduct by defendant - disparity between compensatory award and punitive award - difference between the punitive award and possible criminal penalties

What is the general award cap for damages for intentional torts?

Courts strongly suggest that anything bigger than a ratio of 9 to 1 is unconstitutional

What is false imprisonment?

A volitional act done with requisite intent (to confine or restrain) that causes the plaintiff to be confined to a bounded area

How much time is necessary to prove false imprisonment?

Any amount is sufficient

Does transferred intent apply to false imprisonment?

Yes

What is the voluntary act element of false imprisonment?

Some act by the defendant the causes the confinement of the plaintiff

What is required for the intent element of false imprisonment?

Must be actual desire to confine or restrain or substantial certainty that it will occur

If you get locked in Target overnight, is that false imprisonment?

Probably not because you can't prove the employees intended to lock you in

Do you have to be conscious of your confinement for false imprisonment?

Yes, or you have to get hurt by it

What is required for actual confinement for false imprisonment?

Must be restricted to a limited area without knowledge of a reasonable means of escape

What is required for physical barriers for false imprisonment?

Must be surrounded in all directions

What are some examples of physical barriers that would count for false imprisonment?

Fences, walls, something that would stop you from escaping like taking away your crutches, a ladder, or wheelchair

Can words alone be enough for false imprisonment?

Yes, if they are a threat of physical force

If you block one direction of a highway is that enough for false imprisonment?

No, because the person can go in other directions

If you get on a commercial plane or bus, what have you impliedly agreed to?

To abide by the rules of entrance and exit at scheduled stops only

Is it false imprisonment if a public bus won't let you off at a nonscheduled stop?

No, because you impliedly agreed to abide by the rules of entrance and exit at scheduled stops only

What is the force or threat required for false imprisonment and who can it be directed at?

Must be immediate and can be directed at plaintiff, family, companions, or property

If the defendant grabbed your coat and you refused to leave without it, what has happened?

False imprisonment

If someone threatens you with injury tomorrow, is that false imprisonment?

No, because you can leave and get protection

Can the threat for false imprisonment be to their economic well-being?

How can false imprisonment happen with an omission to act?

If you have a duty to act, like if someone took you out on their boat and left you there

How can improper assertion of legal authority lead to false imprisonment?

If the arresting person isn't privileged to act, they have committed false imprisonment