Book2.csv

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Anonymous
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161051
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Book2.csv
Updated:
2012-07-05 04:38:13
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DOMINATION
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DOMINATION
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  1. What Are the 3 Elements of Battery
    • 1. Harmful or offensive contact with the P's person
    • 2. Intent to cause the above
    • 3. Causation (substantial factor)
  2. What five torts can be the result of transferred intent?
    • 1 Assault
    • 2 Battery
    • 3 False Imprisonment
    • 4Trespass to land
    • 5Trespass to chattels
  3. Elements of Assault
    • 1. Creating a reasonable apprehension in P 
    • 2. of immediate harmful or offense contact to Ps person
    • 3. Intent
    • 4. Causation
  4. Elements of False Imprisonment
    • 1. An act or omission that confines or restrains P
    • 2. to a bounded area
    • 3. Intent
    • 4. Causation
  5. Requirements for 'Shoplifting Detention' Defense to False Imprisonment
    • 1. Reasonable belief as to fact of theft
    • 2. Detention in a reasonable manner
    • 3. For a reasonable period of time to make an investigation
  6. Elements of Intentional Infliction of Emotional Distress (IIED)
    • 1. Extreme and outrageous conduct
    • 2. Intent (actual or reckless)
    • 3. Causation
    • "4. Damages (severe emotional distress, actual damages)"
  7. Requirements for IIED to a bystander
    • 1. P was present when injury occurred to other person
    • 2. P was a close relative of person
    • 3. D knew that P was present and a close relative
    • *presence and relationship not required if D had a design or purpose to cause distress
  8. Elements of Trespass to Land
    • 1. Physical invasion of P's real property by D
    • 2. Intent to enter land
    • 3. Causation
  9. Elements of Trespass to Chattels
    • 1. Interference with P's right of possession
    • 2. Intent to perform the act
    • 3. Causation
    • 4. Damage
  10. Elements of Conversion
    • 1. Interference with P's possession serious enough to warrant that D pay full value
    • 2. Intent
    • 3. Causation
  11. When is defense of property available?
    • 1 After a request to desist the commission of the tort
    • 2 Reasonable force may be used to prevent the commission of the tort
    • "3 Defense does not apply after commission, although it does apply during hot pursuit"
  12. Defenses to Intentional Torts
    • 1. Consent (actual or implied)
    • "2. Self Defense (reasonable belief, no retaliation, no retreat required except for deadly force outside home, not allowed for aggressor, reasonable force)"
    • 3. Defense of others
    • "4. Defense of property (reasonable, but never deadly, force)"
    • 5. Reentry onto land
    • 6. Recapture of Chattels (force may only be used in hot pursuit)
    • 7. Privilege of arrest
    • "8. Necessity (private or public, only for property torts)"
    • 9. Discipline (parent or teacher)
  13. What is the only intentional tort that requires proof of actual damages?
    Intentional Infliction of Emotional Distress
  14. Elements of Defamation
    • 1. Defamatory language by D
    • 2. Of or concerning P
    • 3. Publication (single third party)
    • 4. Damage to reputation of P*
    • 5. Falsity
    • 6. Fault by D
    • *damage not required for libel or slander per se
  15. Slander Per Se Categories
    • 1. Business or profession
    • 2. Loathsome disease
    • 3. Crime of moral turpitude
    • 4. Unchastity of a woman
  16. Fault Requirements for Defamation re Matter of Public Concern
    • Public figure = malice (intent or recklessness)
    • Private figure = negligence sufficient
  17. Defenses to Defamation
    • 1. Consent
    • 2. Truth (except for public concern)
    • 3. Absolute privilege
    • a. Gov't proceedings
    • b. Between spouses
    • "4. Qualified Privileges (public policy promotes candor, can be lost if abused, e.g., giving a reference)"
  18. "In suit for Defamation, why is the status of the plaintiff important?"
    • "If the plaintiff is only a private person, only negligence regarding the falsity must be proved if the matter is of public concern"
    • "If the plaintiff is a public figure, actual malice must be established"
    • If the plaintiff is a private person and the matter is private no fault need be shown
  19. What are the four torts of invasion to privacy?
    • Appropriation of Plaintiff�s picture or name
    • Intrusion on Plaintiff�s Affairs or Seclusion
    • Publication of Facts Placing Plaintiff in False Light
    • Public Disclosure of Private Facts about Plaintiff
  20. Elements of Appropriation
    1. Unauthorized use of P's picture or name in connection with advertisement or promotion of products or services
  21. Elements of Intrusion on Plaintiff�s Affairs or Seclusion
    • 1. Prying or intruding on affairs or seclusion of P
    • 2. Objection to a reasonable person
    • 3. The subject matter is private
  22. Elements of Publication of Facts Placing Plaintiff in False Light
    • 1. Wide publication of facts placing P in false light
    • 2. Objectionable to a reasonable person
    • 3. Malice if matter concerns the public interest
  23. Elements of Public Disclosure of Private Facts
    • 1. Wide publication of private information about P
    • 2. Objectionable to a reasonable person
  24. Defenses to Invasion of Privacy Torts
    • 1. Consent
    • 2. Absolute Privileges
    • 3. Qualified Privileges
  25. Elements of Misrepresentation (both intentional and negligent)
    • 1. Misstatement of fact (or opinion if from expert)
    • "2. Scienter (i.e., malice) for intentional; negligence is an alternative"
    • 3. Intent to induce reliance
    • 4. Causation (actual reliance)
    • 5. Justifiable reliance
    • 6. Damages (pecuniary)
    • (7). Negligent Misrepresentation requires commercial D
  26. Elements of Interference with Business Relations
    • 1. Valid existing contract or expectancy
    • 2. D knows of contract or expectancy
    • 3. Intentional interference
    • 4. Damage
  27. Elements of Negligence
    • 1. Existence of duty
    • 2. Breach
    • 3. Actual and proximate causation
    • 4. Damage
  28. Special Duties for (1) Child (2) Professional (3) Common Carriers and Innkeepers
    • "(1) Child of like age, intelligence, experience (unless adult activity)"
    • (2) A reasonable professional in similar community
    • (3) Liable even for slight negligence
  29. Duty owed undiscovered trespasser
    No duty
  30. Duty owed discovered or expected trespasser
    • Landowner must warn or make safe
    • Concealed
    • Unsafe
    • Artificial conditions involving a serious risk of injury that the o/o knows of
    • **no duty for owed for natural conditions
  31. Duty owed licensee
    • Any dangerous condition o/o knows of
    • That creates an unreasonable risk of harm to the licensee and
    • that the licensee is unlikely to discover
  32. Duty owed invitee
    • Any dangerous condition o/o should know about �
    • so must make reasonable inspection
  33. Elements of Negligent Infliction of Emotional Distress
    • 1. P was within danger zone of physical impact
    • 2. P must suffer physical symptoms of distress (contrast with IIED)
  34. Res Ipsa Loquiter Requirements
    • 1. Usually wouldn't happen without negligence
    • 2. Negligence attributed to D (often instrumentality within D's exclusive control)
    • 3. P not contributorily negligent
    • *This merely creates inference of negligence for the jury to decide on*
  35. Product liability (both negligence and strict liability theories)
    • Must have a commercial supplier
    • 1. The defect must have existed when it left D's control (inference if in normal channels)
    • 2. Successful tort theory
    • "a. Negligence (in design, manufacture, warnings, inspection)"
    • b. Strict Liability (need to show unreasonably dangerous condition)
    • "*Under both theories, P must be in foreseeable zone of risk*"
  36. Nuisance
    • Conduct objectionable to an average person
    • Private nuisance - P has possession of land affected
    • Public nuisance - P has been uniquely harmed
    • Resolution involves balancing of competing interests

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