FREE LAW AND STUDY GAMES ABOUT TORTS EXAM

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FREE LAW AND STUDY GAMES ABOUT TORTS EXAM

QUESTIONS

Actual Qs and Ans Expert-Verified Explanation

This Exam contains:

-Guarantee passing score -81 Questions and Answers -format set of multiple-choice -Expert-Verified Explanation

Question 1: What are the 3 elements of a Prima Facie Case for BATTERY?

Answer:

1) Act by defendant which brings about HARMFUL or OFFENSIVE CONTACT to the plaintiff's person.

2) INTENT on the part of the defendant to bring about harmful or offensive contact to the plaintiff's person.

3) CAUSATION

Question 2: RECAPTURE OF CHATTELS: When is defense available?

Answer:

Force used to recapture a chattel only in "hot pursuit" of one who took chattel -innocent party cuts off privilege Question 3: TRESPASS TO LAND: What are the elements of a prima facie case for trespass to land?

Answer:

1)An act of physical invasion of P's real property by D 2)Intent on D's part to bring about physical invasion of P's real property 3)Causation

Question 4: What are the 3 elements necessary for a prima facie case for FALSE

IMPRISONMENT?

Answer:

1) An act or omission to act on the part of the defendant that CONFINES or RESTRAINS the plaintiff in a BOUNDED area

2) INTENT by defendant

3) CAUSATION

Question 5: DEFENSE OF PROPERTY: When is defense available?

Answer:

1)limited to preventing the commission of a tort against property 2)after request to desist

3) only reasonable (not deadly) force Question 6: FALSE IMPRISONMENT: What is a bounded area?

Answer:

P's freedom must be limited in ALL directions. Area is not bounded if there is a reasonable means of escape P is aware of.Question 7: DEFENSES TO INTENTIONAL TORTS: Self-defense. When is self-defense available?

Answer:

when person has reasonable grounds to believe he is being, or is about to be, attacked-may use such force as is reasonably necessary for protection Question 8: CONVERSION: What are the remedies for Conversion?

Answer:

1) Damages including fair market value of chattel. Computed as the time and place of conversion - Defendant receives title (forced sale) --If D wishes to return, P is not obligated to take back.

2) Replevin - P may wish to have chattel returned

Question 9: DEFENSES TO INTENTIONAL TORTS: What capacity is required to consent to tortious conduct?

Answer:

incompetents, drunken persons, and very young children cannot consent to tortious acts

Question 10: IIED - What is "Outrageous Conduct"?

Answer:

Conduct that transcends all bounds of decency tolerated by society.ex. Extreme business (collection) conduct, Misuse of Authority.

Question 11: How much force may be used in self-defense?

Answer:

only that force that reasonably appears to be necessary to prevent the harm

Question 12: What is "Transferred Intent"?

Answer:

Defendant intends to commit tort against one person but instead:

1) Commits a different tort against that person.

2) Commits the same tort as intended but against different person.

3) Commits a different tort against a different person.Question 13: BATTERY: What is the role of Apprehension of Contact?

Answer:

Person may recover for battery even though he is not conscious of the harmful or offensive contact when it occurs.Ex. unauthorized surgery performed on unconscious patient.Question 14: TRESPASS TO LAND: What is the Intent Requirement?

Answer:

Mistake is no defense so long as defendant intended to enter. Intent to enter is required, not intent to trespass.

Question 15: TRESPASS TO LAND: Does the doctrine of transferred intent apply?

Answer:

Yes. The doctrine of transferred intent applies to trespass to land.

Question 16: IIED - Is Actual Damage required?

Answer:

Actual damages are required, but need not prove physical injuries. Must show SEVERE emotional distress (more than reasonable person expected to endure) Punitive damages allowed when defendant is improperly motivated.

Question 17: What are the 3 factors for a Prima Facie Case?

Answer:

Act by Defendant - Intent - Causation.Question 18: DEFENSES TO INTENTIONAL TORTS: Consent. How can consent be given?

Answer:

Consent may be given expressly; it may also be implied from custom, conduct, or words, or by law.Question 19: FALSE IMPRISONMENT: Conditions for "shopkeeper's privilege" to apply?

Answer:

1)Reasonable belief as to the fact of theft 2)Detained in a reasonable manner w/ only nondeadly force 3)Detention must only be for a reasonable period of time to investigate Question 20: FALSE IMPRISONMENT: Are damages required?

Answer:

Proof of actual damages is not necessary to sustain a prima facie case of FI.Question 21: CONVERSION: What is required for serious of interference or consequence?

Answer:

The longer the withholding period and the more extensive the use of the chattel the more likely it is that conversion has resulted.