Define the defense of Justification

An act justified given the circumstances

Define the defense of Discipline

A parent has a right to reasonable discipline

Define the defense of authority of law

An officer must have a warrant, UNLESS:
- Prevention of a felony (citizens too)
- Reasonable grounds that a felony has occurred (citizens too, but they assume risk)
- Breach of peace not a felony (in officers presence & in hot pursuit)
- Misdemeanor in officers presence

Define the defense of necessity

Public necessity- the need of Society is greater than the need of a citizen
Private necessity- Private property is at risk (still liable for damages)

Define the defense of Recovery of property

Reasonable force; and,
in hot pursuit

Define the five ways to invalidate consent

1- Inability through age or intoxication
2- By fraud
3- Exceeded scope
4- To an illegal act
5- Duress or coercion

What are the elements of Intentional Infliction of Emotional Distress

1. Intentionally
2- Causing severe emotional distress
3- By extreme and outrageous conduct

What are the 7 intentional torts

Assault
Battery
False Imprisonment
Trespass to Land
Trespass to Chattel
Intentional Infliction of Emotional Distress
Conversion

Define the defense of Defense of Others

3rd party must have right to self defense

Define Trespass to land- Intent

Intending the entry onto anothers property

Define Conversion- Intent

Intending to cause the interference

What are the elements of Trespass to land

1- Intent to enter anothers land
2- for the purpose of an invasion of a possessory interest

What are the three kinds of torts

Intentional torts
Negligence
Strict Liability

What are the elements of trespass to chattel

1- Intentional
2- Interference with a right of possession
3- Of personal property

What are the elements of Conversion

1- Intent
2- Cause serious harm or serious interference
3- Of personal property

Define assault- Apprehension of an imminent battery

P must be apprehensive that a battery is immediately apparent

Fear is not necessary

What is a tort

A civil wrong that the law can remedy

Define Assault- Ability to carry out

Must be apparent to P that D has the ability to commit battery immediately

Define trespass to land- Invasion of a possessory interest

Need to show damages, however slight

What are the elements of False Imprisonment?

1- Intentional
2- Constraint of another’s liberty
3- Within boundaries
4- For an unreasonable time
5- With no reasonable means of escape
6- Without legal justification

Define Battery- Contact

Direct contact: touching P or something so close to P as to be regarded as part of their person.
Indirect contact: Putting something in motion as to cause the contact.

Define Trespass to Chattel- Interference with a right of possession

Damage to the property
Preventing use by rightful owner for substantial time.
Dispossessing it from rightful owner

Define Assault- Intent

Intent to cause the apprehension by an overt act

Define Trespass to Chattel- Of personal Property

Property not one's own

Define False Imprisonment- Intent

Intended the confinement

Define Conversion- Cause serious harm or serious interference

Serious enough to prevent use by the rightful owner

Define False Imprisonment- Without legal justification

Without a warrant or probable cause

Define Trespass to chattel- Intent

Intending the interference to the chattel

Define Battery- Harmful or Offensive

Define IIED- Intentional or reckless

Intending the severe emotional distress; or,
knowing with substantial certainty that the severe emotional distress will occur; or,
disregard of a high degree of probability that the severe emotional distress will occur

Define IIED- Severe emotional distress

Severe in the eyes of society;
Burden of proof on P, through witnesses or experts.

Define IIED- Extreme and outrageous conduct

Words are not enough;
Needs to be less outrageous for common carriers

Define Battery- Intent

Intending the contact or knowing with substantial certainty that the contact will occur, not necessarily the harm

Define Conversion- With a chattel

Property that is not real property, nor a person.

What are the elements of assault?

1. Intentionally
2. Causing an apprehension of an imminent battery
3. With the apparent ability to carry out the battery

Define False Imprisonment- Total Confinement

Can be physically or by threats.
P needs to be aware of the confinement or damaged by it.

Define False Imprisonment- Within Boundaries

Boundaries can be physical or perceived.
Does not include keeping out.

Define Trespass to Chattel- Of personal Property

Property not one's own

What are the elements of battery

1. Intentional
2. Contact
3. Which is harmful or offensive

What is a Defense of Property defense

Reasonable force as it appears to D.
Deadly force is never acceptable.

What are the five kinds of consent

- Express
- Implied
- Consent by law
- Consent by custom
- Medical

What are the intentional tort defenses

- Consent
- Self Defense
- Defense of others
- Defense of property
- Recovery of property
- Authority of law
- Necessity
- Discipline
- Justification

Cannot physically leave;

High risk of injury through means of escape;
Cannot leave with valuable belongings

Define the elements of the Self-Defense defense

1- D must believe force is necessary
2- Belief must be reasonable
3- Belief must be of an immediate threat of harm

Where can intent transfer in the theory of transferred intent

To/from any of the fab five intentional torts.
To/from P to P
NOT from D to D

Define intent generally

With the purpose of causing the tort;
Knowing with substantial certainty the tort will occur;