1) Probably cause

2) reasonably treated

3) reasonable amount of time.

1) Act

2) Intent

3) Caustion

The act must consist of a volitional movement on the Defendant's Part

1) Specific inten (more difficult to prove)

2) genearl intent

3) transferred intent

1) Act by the defendt of harmful contact with the plaintiff's person

2) Inent on part of defendant to bring about harmful or offesnie act (there is not necessarily an injury

3) casautional element

1) Act by the defendant creates reasonalbe apprehension on the part of the plaintiff

2) Intention on the Defendan'ts Part

3) Plaintiff's apprehension is legally caused by the defendant's act

1) Act or omission to act on the Def's part that confines or restrains the plaintiff to a bounded area

2) Intention on Defendnat's part to confine or bind.

3) Causation: Plaintis confinement is caused by the defendnat's act

1) Analyze key facts

2) determine potnetial elga claims

3) conduct a prima facie element test

4) Conduct cost benefit/analysis test

5) What are practical defenses

Is it worth it to the client to spend the money to bring the claim if there are no actual damages?

And does the defendant have any money?

Will they get any money and is settling a better?

Is it easy to bring an action for Intentional Inflection of Emotional Distress?

Why or why not?

It is one of the most difficult actions to bring.

This is because judges have seen so much that they are jaded.

Intentional Infliection of Emotional Distress:

Prima Facie Elements

1) An act by the defendnat that amounts to extreme and outrageous conduct (i.e. w/o extreme conduct that society would find outreagous, there is no IIED)

2)The itnent on the defendant's part to cause the plaintiff to suffer sever andemotional distress or a reckless disregard as to the effect of the defendnat's conduct.

3) Caustion

4) Damages- the severe emotional distress

How severe must the emotional distress (i.e. damages) be in many jursidictions?

How bad must is be in the state of MD (as example)

Usually the olaint must undergo mental therapy in most states.

It Must be SUPER extreme

In the state of Maryland, the action of the defendant must cause immediate institutionalization for it to count.

The Conduct mus trascend all bounds of common decency.

Examples include: the use of extreme methods of debt colllection

The misues of authority (i.e. bulying principal; policeman, etc.)

Special relationship situations

1) Tresspass to land

2)Tresppas to chattals

3) Conversion

1) An act of physical invasion of the plaintiff's real property by the defendant

2) An intnet by the defeendant to bring about a physical invasion of the plaintiff's real property (no need to show that the defendnated wanted to harm the property)

3) Causation

No, the defendant does not need to personally enter the land if the defendant does soemthing or sets something in motion that then trespasses to the land.

I.e. throwing a rock or watering your plans from my land may count.

Does tresspass ahve to occur at the surface level of the land?

Example?

The tresspass may occur at below or above surface level of land

So a building hanging over a property line may count

Does transferred intent apply in trespass to land?

Do you have to have actual damages?

1) Act by the defendant that interfers with the plaintiffs right of possesion to a chattal

2) Must show that the defendant's intent to perform the act bourght about the interferences with the plaintiffs right of possession.

3) Causation 

AND 

4) Damages

1) An act by the defendnt that interfers with a plaintifs right of possession that is so serious in nature or consequence that it warrants for the defendnt paying for the full value of the chattel.

2) Intent to perform the act that brings about interference with the plaintiff's right of possession.

3) causation