Intent, assault and battery Bar Exam Flashcards - Medical Study Cards
Master Intent, assault and battery 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.
Intent, assault and battery Flashcard Deck - 10 Cards
Flashcard 1: 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.
Flashcard 2: What are the elements of battery?
Answer: Battery requires an intentional act causing harmful or offensive contact with another person or something closely connected to that person, without consent or privilege. The plaintiff need not suffer actual physical injury.
Flashcard 3: 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 4: What is the effect of express and implied consent in an intentional-tort case?
Answer: Consent is a defense when the plaintiff actually or apparently consents to the conduct, including consent implied by custom or the circumstances. Consent is invalid if obtained by fraud as to an essential matter, coercion, or incapacity, and a person generally may not exceed its scope.
Flashcard 5: What are the elements of trespass to land, trespass to chattels, and conversion?
Answer: Trespass to land requires intentional physical entry onto land; trespass to chattels requires intentional interference causing dispossession, impairment, or loss of use; and conversion requires intentional exercise of substantial dominion over another’s personal property. Mistake generally does not defeat intent.
Flashcard 6: What is transferred intent?
Answer: Under the majority rule, intent transfers among assault, battery, false imprisonment, trespass to land, and trespass to chattels, and transfers when the intended victim or tort differs from the actual one.
Flashcard 7: 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 8: What are the privileges of necessity and defense of property?
Answer: Private necessity permits an intentional interference with another’s property to prevent a greater imminent harm, but the actor must pay for actual damage; public necessity is a complete privilege when acting to protect the public. Reasonable nondeadly force may protect property after a request to desist, but force likely to cause death or serious bodily harm is generally prohibited solely to protect property.
Flashcard 9: When may a person use self-defense or defense of others?
Answer: A person may use reasonable force when the person reasonably believes another is about to cause imminent unlawful force; deadly force requires a reasonable belief of imminent death or serious bodily harm. Under the majority rule, reasonable mistakes are excused, and defense of others generally follows the reasonable-belief rule.
Flashcard 10: What are the elements of assault?
Answer: Assault requires an intentional act causing the plaintiff reasonable apprehension of imminent harmful or offensive contact, without consent or privilege. The defendant must ordinarily have apparent present ability to carry out the contact.
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