Term
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Definition
| The actor desires the consequence, or knows to a substantial certainty that the consequence will occur. |
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Term
| Doctrine of Transferred Intent |
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Definition
| Intent may be transferred among victims if harm to a third party results from an intentional tort; and may be transferred among torts (ASSAULT, BATTERY, FALSE IMPRISONMENT, TRESPASS TO LAND & TRESPASS TO CHATTELS only). |
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Term
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Definition
| A volitional, unauthorized act with intent to cause a harmful/offensive touching and the touching must occur. |
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Term
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Definition
| A volitional, unauthorized act with intent to place in the reasonable apprehension of an imminent harmful/offensive touching, with the apparent ability to carry it out. |
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Term
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Definition
| A volitional, unauthorized act with intent to confine to boundaries set by force, or threat of force, having no reasonable means of escape, with an awareness of the boundaries, or physical injury. |
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Term
| INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (IIED) |
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Definition
| A volitional, unauthorized act with intent to cause severe emotional distress, or with reckless disregard of causing severe emotional distress (intent not needed) through outrageous and extreme conduct, that does cause severe emotional distress. |
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Term
| IIED: "severe emotional distress" |
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Definition
| No reasonable person could be expected to endure; in some cases sensitivity to distress maybe be taken into account (e.g. children, rape victims, pregnant women, etc.); normally has a physical manifestation that can be used as evidence. |
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Term
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Definition
| A volitional, unauthorized act with intent to enter the land of another.
*Note: No actual damage is required for trespass; actor bears the responsibility of knowing who owns land; trespasser is responsible for all damages during trespass regardless of foreseeability. |
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Term
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Definition
| A substantial, unreasonable intrusion to the use and enjoyment of land that does damage. Trespass and Nuisance are not exclusive; both can occur. |
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Term
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Definition
| A volitional, unauthorized act with intent to intermeddle with the chattel of another producing damage.
*Note: "damage" can include: a decline in condition, quality or value; dispossession for a substantial time; harm caused due to dispossession, etc. |
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Term
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Definition
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Term
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Definition
| A volitional, unauthorized act with intent to intermeddle with a chattel of another so seriously that the actor may be required to pay for the full value of the chattel. |
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Term
| How is it determined whether the dispossession of a chattel is TRESPASS TO CHATTELS or CONVERSION? |
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Definition
| Through the amount or degree of any or all of the following:
1) Damage;
2) Inconvenience; or
3) Motive |
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Term
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Definition
| Not induced by force, fear or fraud. |
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Term
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Definition
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Term
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Definition
| A volitional behavior (not induced by force, fear or fraud) that authorizes, or can reasonably be understood to authorize, an act. |
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Term
| When may a Medical Care Provider act in absence of CONSENT? |
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Definition
| 1) The patient is unable to give consent;
2) There is a risk of serious harm if treatment is delayed;
3) A reasonable person would consent to treatment under the circumstances; and
4) The provider has no reason to believe the patient would refuse treatment under the circumstances. |
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Term
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Definition
| The right to use reasonable force for protection from imminent threat, or believed threat, of battery.
*Note: A reasonable belief of threat will protect defender from reasonable mistakes in use of force regardless of whether the use of force was necessary ("reasonable mistake"). |
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Term
| What is the two-prong test in determining whether the use of force in defense (of self, other, property, etc.) is appropriate? |
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Definition
| 1) Is there a right to use force in the given situation?
2) Was the amount of force used reasonable? |
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Term
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Definition
| Any use of force beyond SELF-DEFENSE when there is no longer a threat of battery. |
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Term
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Definition
| The right to use reasonable force for protection from imminent threat, or believed threat, of battery to a third person. |
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Term
| Will a reasonable belief of threat to a third party protect an actor using force in DEFENSE OF OTHERS if the actor is mistaken? |
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Definition
| Unlike SELF-DEFENSE, there is debate over a "reasonable mistake:"
1) The defender steps into the "shoes" of the person being defended, and is privileged to intervene only when that person would be privileged to defend their self; or
2) The defender is privileged even if he is mistaken in the belief that intervention was necessary (The Restatement of Torts takes this position). |
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Term
| DEFENSE OF PROPERTY (LAND) |
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Definition
| The right to use reasonable force, short of dearly force, to protect from trespass, after an applicable demand to depart. |
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Term
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Definition
| Calculated to cause death or serious injury. |
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Term
| RECOVERY OF PROPERTY (CHATTELS) |
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Definition
| The right to use reasonable force to retake property that has been taken by force or fraud, without an unnecessary "breach of the peace."
*Note: This privilege does not apply to real property. |
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Term
| When is the recapture of chattel(s) permitted? |
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Definition
| 1) Fresh Pursuit: There must be a prompt discovery of the dispossession, as well as, prompt and persistent efforts to recover the chattel(s);
2) A Demand For Return: Although this is not required if it appears that such a demand would be useless or dangerous; and
3) Property Was Taken By Force or Fraud. |
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Term
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Definition
| An innocent (good faith) purchaser who acquires both title and possession of property by paying value to the defrauding party terminates the privilege to recapture property. |
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Term
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Definition
| The right to detain a suspected thief if there is a reasonable belief that a theft has occurred, and the detention is reasonable.
*Note: Reasonable detention includes, but is not limited to, a request for cooperation, prompt investigation, the use of a practicably courteous manner, and a limited duration of detention. |
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Term
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Definition
| The right to commit a trespass to property by an individual or society when failure to do so would be unreasonable. |
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Term
| When will a landowner be able to recover for trespass when the trespasser asserts the NECESSITY PRIVILEGE? |
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Definition
| The ability of land owner to recover due to the trespass is dependent on whether the trespass is considered Private (the individual would be responsible for any damage done) or Public (no compensation is due unless there is a statutory obligation to do so). |
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Term
| AUTHORITY OF LAW PRIVILEGE |
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Definition
| The right to commit invasions to person or property when authorized by legal officials to do so.
*Note: An arrest can only use reasonable force to take custody of a person, and simply "good faith" will not alleviate liability. |
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Term
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Definition
| The right to use reasonable force or restraint on persons when relationship implies necessity of imposed orderly conduct. |
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Term
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Definition
| The right to use reasonable force or restrain on persons for the purpose of preventing injury to themselves, or damage to personal property. |
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