Term
|
Definition
Wrongs that fall below a legal standard and are recognized by law as grounds for a lawsuit
Wrongdoing and Injury |
|
|
Term
|
Definition
1. Intentional; (2) negligent; (3) Strict Liability |
|
|
Term
|
Definition
An Act with:
Intent to touch and intent to harm or offend
resulting:
Touching and harm or offense |
|
|
Term
Substantial Certainty Test |
|
Definition
Even if the actor did not intend the result but knew with substantial certainty what the outcome of his actions would be |
|
|
Term
|
Definition
An Act with:
Intent to cause harm or offensive touching or Apprehension of Touching
Result: Apprehension of Imminent Battery
|
|
|
Term
|
Definition
(1) Intent to Confine
(2) Actual Confinement created by (D)
(3) (P) Aware or harmed by confinement |
|
|
Term
|
Definition
Conduct that creates an unreasonable risk of harm |
|
|
Term
Extended personality rule |
|
Definition
Intentional / Snatching of an object is an offensive invasion |
|
|
Term
Parent Liabilty for their children |
|
Definition
Parents are not vicariously liable for torts of their children simply by virtue of their being parents |
|
|
Term
Imposing Liability on Parents for their Children |
|
Definition
Must prove parents negligently supervised their child and that this caused the Plaintif harm |
|
|
Term
Liability of Mentally Impaired |
|
Definition
An "insane" person may have an intent to invade the interest of another even though reasons and motives for the intention may be irrational |
|
|
Term
|
Definition
The intention which is necessary to make the acor liable is not necessarily an intention to cause a harm but the actor intends to produce such an effect upon some other person and that act intended is the legal cause of a harmful contact
D intends tort on P1 and commits on another P |
|
|
Term
|
Definition
Where the (D) intends a battery to one person and accidentally causes a battery to another is liable for all damages caused not just intended |
|
|
Term
Ways of Showing Intent (Forms of) |
|
Definition
(1) Purpose to produce harmful / offensive contact
(2) knowledge with substantial certainty that consequences would result |
|
|
Term
|
Definition
Intent to touch + intent to harm or offend = resulting of touch + harm and/or Offense |
|
|
Term
|
Definition
Intent to touch --> resulting in harm or offense |
|
|
Term
|
Definition
An awareness of an imminent touching that would be touching if completed; not necessarily fear |
|
|
Term
Elements of False Imprisonment |
|
Definition
Intent and an act that results in:
Confinements
+
(Bounded area)
+
Victim Aware or Harmed |
|
|
Term
Elements of False Imprisonment |
|
Definition
1. Person confined without lawful privilege against consent for an appreciable time
2. no reasonable/ safe way to escape
3. future threat is not confinement
4. implicit threats
5. Aware or harm |
|
|
Term
|
Definition
An Act with intent to harm or offensive touching or apprehension of touching
Result: Apprehension of imminent Battery |
|
|
Term
Does Negating intent result in an Assault?
Example: "If the cop wasn't here I'd hit you" |
|
Definition
|
|
Term
|
Definition
Intent to enter land on purpose or substantial certainty (body or object)
+
Result: Enter land of another
*mistake is not a defense* |
|
|
Term
|
Definition
The Branch of law dealing with such wrongs:
The set of rules regarding liability and compensation for personal injury, death and property damage that one party causes to another. It is about the rules for shifting loses from injured victims to those causing injuries |
|
|
Term
|
Definition
1. individual fairness
2. Social Utility
3. Admnistrative Efficiency
4. Compensation
5. Loss Internalization
6. Deterrence
7. Support Economic Activities
8. Support Enviornmental Protection |
|
|
Term
Three Systems of Tort Law |
|
Definition
1. Negligence
2. Intentional Torts
3. Strict Liability |
|
|
Term
|
Definition
1. Injunctive Relief
2. Restitution
3. Damages
(a)Comepnsatory
(b) Punitive
(c) Nominals |
|
|
Term
Key Ways Cases are Decided
(Trial Procedures) |
|
Definition
1. Motion to Dissmiss Complain
2. Motion for Summary Judgement (after gathering of facts)
3. Motion for Directed Verdict at Trial (After plaintif's pleadings)
4. Evidentiary Decisions
5. Jury Instructions
6. Motion for judgement notwistanding verdict (renewal of directed verdict - evidence not sufficient to justify jury verdict)
7. Motion for New Trial |
|
|
Term
Types of Issues addressed in Appeals |
|
Definition
Procedural - How the law is applied
Substantive - What law is applied
Ex: VanCamp v. McAfoos
Did Trial court correctly grant motion to dismiss where no allegation of legal wrong? |
|
|
Term
|
Definition
Intent to exercise dominion over chattel
+
Action seriously interferes with P's right of possession
Damages: Full Market Value
|
|
|
Term
Elements of Trespass to Chattel |
|
Definition
Intent to Act on Chattel which causes interference with chattel
resulting:
Harm = Dispossession / Lost Use
or
Harm to chattel or P
Actual Damage: Less than conversion |
|
|
Term
|
Definition
Privilege to use when a resonable force is used to defend against unprivileged acts and reasonably belived about to be inflicted |
|
|
Term
|
Definition
Common Law privilege to Defend Property with reasonable force |
|
|
Term
|
Definition
- Use Reasonable Force
- While in Hot Pursuit
- If Mistaken - No Privilege |
|
|
Term
|
Definition
- Breach of the Peace
- In the Presence of D
- If Mistaken - No Privilege |
|
|
Term
Elements of Shopkeeper's Privilege |
|
Definition
- Reasonable Belief P took goods
- Proper purpose for detention
- Reasonable Manner of Detention
If Reasonably Mistaken: Can Detain & Claim Privilege |
|
|
Term
|
Definition
-Express or Implied
-Consent to act bars recovery for Harm resulting from act
- appearance of consent negates intent to Offend (prima facia case not proved) |
|
|
Term
|
Definition
RII Rule:
- P Cannot Sue
- Consent is Effective
- P Can Consent to Crime
Caveats:
Statue Protects P
Scope of Consent |
|
|
Term
|
Definition
May interfere where reasonably and apparently necessary where the act is for Public Good.
Defense is Absolute |
|
|
Term
|
Definition
Where Act for Private Benefit, D has qualified privilege to enter but:
if harm, D must PAY damages |
|
|
Term
|
Definition
Exceeds the scope of the patients consent |
|
|
Term
|
Definition
Consent is implied by law when a doctor treats a patient in an emergency if consent is not possible |
|
|
Term
Consent procured by Fraud |
|
Definition
Consent is rendered invalid |
|
|
Term
Assault or Imprisonment as Self Defense |
|
Definition
One may be priviliged to comit assault or false imprisonment as a self defense.
Ex: pointing a gun to prevent an assault |
|
|
Term
|
Definition
Burden of proof of P to prove all elements on cause of action |
|
|