LEX 130 - Assignment 3
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School
Fayetteville Technical Community College *
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Course
130
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
3
Uploaded by AnubisIncarnate
2024SP LEX 130
Review Questions
1.
What must a tortfeasor intend in order to be held liable for an intentional tort? Must intend or have a desire to bring about a particular consequence. 2.
What is the transferred-intent doctrine? Intent with respect to one person (or tort) is transferred to another person (or tort). 3.
What is a battery? The intentional infliction of a harmful or offensive contact upon another person. 4.
Does a plaintiff have to be aware of a battery when it occurs? No, the plaintiff is not required to have any awareness of contact at the time it occurs. 5.
How does a battery differ from an assault? Assault is the intentional causing of an apprehension of harmful or offensive contact. 6.
If a person is trapped by another, but has one way out, is that considered false imprisonment? No, blocking the path in one direction does not constitute confinement if there are alternative routes available. 7.
How does the tort of false imprisonment arise in law enforcement and in shoplifting cases? In terms of law enforcement, the police officer’s assertion of the legal right to make an arrest is the defense, as they are only required to act reasonably and in good faith in carrying out the arrest. In terms of shoplifting, in most states the merchant who reasonably believes that a customer has stolen property has a right to
detain the suspected individual for a short period of time for the purpose of investigation. 8.
If a person hits golf balls onto someone else’s property, is that a trespass? Yes, as the defendant need not enter or make contact with the land themself, an indirect invasion is sufficient for grounds of trespass. 9.
Why is it so difficult to hold a defendant liable for the infliction of emotional distress? The plaintiff must prove that they suffered emotional distress and must at the very least have sought medical attention. Some courts require that the plaintiff suffer some kind of physical harm. 10. How does custom relate to consent? Consent can be implied from the plaintiff’s conduct or from any customs surrounding such conduct. 11. Does a person have to be aware of another person’s mental ability for consent to apply? No, because defendant’s are not expected to be mind readers, the issue of whether a
plaintiff has consented is determined by objective manifestations and not by the plaintiff’s subjective mental state. 12. What are some of the ways a tortfeasor can commit trespass? If a person wrongfully enters or remains on another’s land, if an individual fails to remove an object from another’s land (if they are under the duty to remove it). 13. What is the difference between trespass to chattels and conversion, and what does a court consider when distinguishing between these two torts? A defendant who is in possession
of the chattel at the time of the suit is brought has the right to return the goods in the case of trespass to chattel as it is an effort to mitigate the plaintiff’s damages. In the case of conversion, title is deemed to have transferred from the plaintiff to the defendant because of the defendant’s substantial interference, as a result they must pay the full value of the property and sometimes other damages/losses to the plaintiff. 14. What must be shown to prove that a plaintiff consented? Objected manifestations, based on plaintiff’s conduct or customs surrounding the customs. 15. Under what conditions is a defendant entitled to use self-defense? A person may defend themselves against any threatened harmful or offensive bodily contact as well as any
threatened confinement. 16. When is a defendant justified in using force to defend their property? Defendant must reasonably believe that the circumstances would support a claim of self-defense and that their intervention is immediately necessary for the protection of the other person. 17. Under what conditions might a defendant not be justified in defending a third person? When the defendant intervenes on behalf of another, mistakenly believing that assistance is necessary. 18. Why are homeowners not allowed to use spring guns to defend their homes? Such devices are considered deadly force, and the owner must verbally insist that an intruder stop before they are justified in using force. 19. Under what conditions can a property owner use force to regain possession of chattels? The owner must first show that they have used reasonable force in securing the chattels, deadly force is never allowed unless justified under the doctrine of self-
defense. The property must have been wrongfully taken. The property owner must be in “fresh pursuit”, meaning that if the owner delays for a substantial period of time before attempting to get their property back they may no longer use reasonable
force to secure possession.
20. Can a landlord use force to evict a holdover tenant? No, if the owner willingly gives up possession of the property and is later entitled to repossession of the property, they cannot use force to regain it. 21. What are the differences between public and private necessity? The defendant protecting only their own interests or those of a few private citizens falls into the realm of private necessity. Public necessity would be if the class of persons is being protected is the public as a whole or a substantial numbers of persons.
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