False imprisonment and emotional distress Bar Exam Flashcards - Medical Study Cards
Master False imprisonment and emotional distress with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
False imprisonment and emotional distress Flashcard Deck - 9 Cards
Flashcard 1: What are the elements of false imprisonment?
Answer: False imprisonment requires intentional confinement of a person within fixed boundaries, without lawful privilege, and awareness of the confinement or actual harm from it. Confinement may result from physical barriers, force, threats, or asserted legal authority.
Flashcard 2: When facts involve both restricted movement and emotional injury, how should you analyze potential claims for false imprisonment and intentional infliction of emotional distress?
Answer: Analyze each tort separately. False imprisonment focuses on intentional confinement within a bounded area, against the plaintiff's will, with awareness or harm. IIED focuses on extreme and outrageous conduct, intent or recklessness, and severe emotional distress. One claim does not automatically establish the other.
Flashcard 3: What are the elements of intentional infliction of emotional distress?
Answer: IIED requires intentional or reckless conduct that is extreme and outrageous, causing severe emotional distress. The majority rule may impose liability for conduct directed at a third person when the plaintiff is a close family member present and the defendant knows of the relationship.
Flashcard 4: Summarize the key differences in elements and damages for trespass to land, trespass to chattels, and conversion.
Answer: Trespass to land requires intentional unauthorized entry, even without damage. Trespass to chattels requires intentional interference causing actual harm (e.g., impairment, dispossession, loss of use). Conversion requires intentional exercise of dominion so serious it warrants payment of the chattel's full value.
Flashcard 5: Distinguish between trespass to chattels and conversion, including the required degree of interference and typical remedies.
Answer: Trespass to chattels is a lesser intentional interference with another’s possession that results in dispossession, impairment of the chattel’s condition or value, or deprivation of its use (generally requiring measurable harm or a qualifying dispossession). The usual remedy is damages for the proven loss, including loss of use. Conversion is intentional exercise of dominion or control amounting to a serious interference with the owner’s possessory rights; the usual remedy is the chattel’s full fair-market value, rather than merely damages for impairment or temporary loss of use.
Flashcard 6: What are the three biggest takeaways regarding consent as a defense?
Answer: 1. Actual consent turns on the plaintiff’s subjective willingness; apparent consent turns on the defendant’s reasonable interpretation of the plaintiff’s objective words or conduct.
2. Consent protects only the conduct authorized, within its agreed time, manner, purpose, and other limits; exceeding that scope may constitute a tort.
3. In a genuine medical emergency, treatment may proceed without express consent when the patient cannot consent, immediate treatment is reasonably necessary, and there is no indication that the patient would refuse it.
Flashcard 7: What are the core requirements for valid consent, and when might consent be unnecessary?
Answer: Valid consent requires capacity, voluntariness, no disqualifying mistake about the essential nature of the invasion, and authorization of the particular conduct. Consent may be unnecessary in emergencies (to prevent serious harm with no known contrary indication), for ordinary incidental contact, or when an independent privilege (like self-defense or necessity) applies.
Flashcard 8: Distinguish between the triggers for self-defense, shopkeeper's privilege, and private necessity.
Answer: Self-defense is triggered by imminent unlawful force against the actor. Shopkeeper's privilege is triggered by reasonable grounds to suspect shoplifting. Private necessity is triggered by reasonably necessary action to prevent imminent serious harm to the actor, another person, an animal, or property.
Flashcard 9: What intent is required for an intentional tort?
Answer: The defendant must act with purpose to cause the tortious contact or apprehension, or with knowledge that it is substantially certain to result. Motive is generally irrelevant.
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