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Flashcards in pp 3 Deck (24)
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1
Q

civil wrong for which the law provides remedy

A

tort

2
Q

breach of duty that caused someone else damage

A

negligence tort

3
Q

examples of intentional tort

A

battery, assault, false imprisonment
intention infliction emotional distress
tresspass

4
Q

personal space tort

A

invasion of privacy, slander, libel, fraudulent inducement

5
Q

battery

A

defendant mist intend to cause fear or apprehension OR
intend bodily contact AND
defendant must cause harmful or offensive bodily contact

6
Q

defendant must intend to cause/cause fear/apprehension of imminent harmful or offensive bodily contact and victim experiences fear

A

assault

7
Q

false imprisonment

A

defendant must inted to restrict liberty of the victim within boundaries not of victim choosing and liberties to be restricted from leaving. victim is aware of confinement

8
Q

IIED

A

defendant conduct must intentional/reckless

-

9
Q

trespass to land

A

intend to enter or remain on property, cause someone/something to enter property, defendant enters or remains on land of another

10
Q

defendant intend to interfere with present possessory interest in property of another, exercise control of said property, victim deprived of the property

A

trespass to chattel

11
Q

what makes trespass to conversion

A

deprivation of propert is permanent

12
Q

false statement about victim with either intent to lie or reckless disregard for truth and victim must be damage by it

A

defemation

13
Q

defamation has different rulings for

A

public figures

14
Q

reuquirement of mental state

A

Mens Rea

15
Q

required action

A

actus reus

16
Q

each tort or crime require it own

A

unique mens rea and actus rea concurrently

17
Q

intend to commit one tort but commit another

A

transferred intent

18
Q

two types of transferred intent

A

same tort, different victim

different tort, same victim

19
Q

when a tort must be committed to avoid greater harm to the public

A

public necessity

20
Q

when a tort must be committed in order to avoid a greater harm to the actor or other private entities

A

private necessity

21
Q

example of private necessity tort

A

stealing a car to run from the axe murderer

22
Q

example of public necessity

A

house fires

23
Q

ultra hazardous activity claims

A

defendant carried ulra hazardous activity

such activity caused injury, damage, loss or harm

24
Q

defendant recognized or should have recognized that plaintiffs person or property was likely to be harmed by the activity or unpreventable miscarriage of activity

A

ultra hazardous activity