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Intent

Knowledge
with Substantial Certainty or Purpose
Element to Assault
1)        
Intend
to cause harmful or offensive contact
2)      
Apprehension
of such contact
3)      
Other
put in such imminent apprehension
What is Assault?
Elements to Battery
1)        
Intend
to cause harmful or offensive contact 2)      
Imminent
apprehension of such contact 3)      
Harmful
contact directly or indirectly results
What is Battery?
What is False Imprisonment?
Who is Priviledged?
cops, etc.
What are the 3 R's of Priviledge?

  1. Reasonable
    Manner

  2. Reasonable
    Cause

  3. Reasonable
    Time
What is Emotional Distress?  IIED
Whare the elements for IIED?
1)        
Outrageous
conduct 2)      
Intention
of causing or reckless disregard for causing emotional distress 3)      
Suffering
severe or extreme emotional distress 4)      
Actual
& Proximate causation of emotional distress by D’s outrageous conduct
What is Trespass to Land?
What is Trespass to Chattel?
What is Conversion?
What are the Elements to Trespass to Land>?
1)        
Intentionally
enters a person’s land 2)      
Without
consent
What are the Factors to Conversion?

  1. Extent
    of duration of the actor’s control

  2. Actor’s
    intent to assert the right inconsistent with the other’s control

  3. Actor’s
    good faith

  4. Extent
    or duration causing interference with the other’s control

  5. Harm
    done to chattel
Inconvenience and
expense cause to other
What are the elements to Trespass to Chattel?
1)        
Disposes
the other of the chattel 2)      
The
chattel is impaired as to it’s condition, quality, or value OR 3)      
Or
the processor is deprived of the use of the chattel for some substantial time 4)      
Bodily
harm is caused to the possessor, or harm is caused to some person or thing in
which the possessor has legally protected interest
How do you express consent?
1)        
Expressed
Consent = clearly and unmistakably stated 2)      
Implied
Consent = Consent inferred from one’s conduct
What is an Affirmative Defense?
"I did it but...."
What does a Complete Defense do?
distinguishes
P’s claim
What is a Definitive Defense?
What are the Factor is Provocation?

  1. Truly
    provoked

    1. Could
      have provoked a reasonable man

  2. his/her
    response was not disproportionate

  3. not
    enough time elapsed

    1. Could
      it have been dissipated?
What are the Factors in Defense of Property?

  1. P
    is trespassing

  2. D
    felt force was necessary to get them off property

  3. P
    was asked to leave
What are the elements of Self-Defense?

  1. Can
    use reasonable force to protect if they are going to be injured

  2. Can
    only use it as long as threat continues
What are the Factors in Self-Defense?

  1. amount
    of force defender exerted

  2. means
    or object by which the defender exerted the force

  3. manner
    and method defender used to apply force
circumstances
What are the elements of Defense of Public Necessity>?

  1. during
    actual war

  2. prevent
    imminent public catastrophe

  3. impending
    a potential hazard threatening general public lives, safety or health
What is Transferred INtent?
What are the Intentional Torts?
1. Battery

2. Assault

3. IIED

4. Trespass to Land

5. Trespass to Chattel

6.  Conversion

7. False Imprisionment  
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