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Torts Bar Essay Checklist Outline

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This is an extract of our Torts Bar Essay Checklist document, which we sell as part of our Torts - Bar Exam Outlines collection written by the top tier of Thomas Jefferson School Of Law students.

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TORTS ESSAY CHECKLIST INTENTIONAL TORTS

* Prima Facie Case o Act o Intent o Causation

* To the Person o Battery o Assault o False Imprisonment o Intentional Infliction of Emotional Distress

* To Property o Trespass to Land o Trespass to Chattels o Conversion

* Defenses o Consent o Privilege
? Self Defense
? Defense of Others
? Defense of Property
? Of Arrest o Necessity

DEFAMATION

* Common Law

* Constitutional Defamation

PRIVACY

*

*

*

*

Misappropriation Intrusion False Light Publication of Private Facts

NEGLIGENCE STRICT LIABILITY

* Animals

* Ultra Hazardous Activities

PRODUCTS LIABILITY

* Strict Products Liability o Defective Products

* Negligence o Standard of Care

* Warranties o Express o Implied

* Misrepresentation

* Intent

GENERAL

*

*

*

*

CONSIDERATIONS

Nuisance Vicarious Liability Joint Liability Misc. Torts

CHECKLIST???Intentional Torts Defamation Privacy Negligence Strict Liability Products Liability General Considerations

IT D P N SL PL GC

I.

INTENTIONAL TORTS

* Extreme sensitivity of victim is ignored

* No incapacity defense

* All intentional torts require intent

* ANSWER STRUCTURE

1. Issue

2. Prima Facie Case

3. Apply Law to Facts

4. State Conclusion

5. Raise Applicable Defenses

6. If Applicable, Raise General Considerations

* PRIMA FACIE CASE o Act
? Volitional movement o

Intent
? Specific

* Goal is to bring about specific result
? General

* Substantial certainty consequences will result
? Transferred

* If D intends any forbidden consequence, intent will be transferred to the injured victim o Assault, battery, FI, trespass to land/chattel

o

Causation
? Result legally caused by D's act or something set in motion by D

* PRIMA FACIE CASES TO THE PERSON o Battery
? Harmful or offensive contact
? To P's person
? Intent
? Causation o

Assault
? Act by D creating reasonable apprehension in P
? Of immediate harm or offensive conduct
? Intent
? Causation

o

False Imprisonment
? An act or omission on the part of D that confines or restrains P
? To a bounded area

* P must be aware or harmed by confinement, no reasonable means of escape
? Intent

? Causation

o

Intentional Infliction of Emotional Distress
? An act by D amounting to extreme and outrageous conduct
? Intent or recklessness
? Causation
? Damages - severe emotional distress

* **Actual damages required

* PRIMA FACIE CASES TO PROPERTY o Trespass to Land
? Physical invasion of P's real property
? Intent

* Entrance is intent
? Causation o

Trespass to Chattels
? An act by D that interferes with P's right of possession in a chattel
? Intent
? Causation
? Damages

o

Conversion
? An act by D that interferes with P's right of possession in a chattel
? The interference is so serious that it warrants requiring the D to pay the chattel's full value
? Intent
? Causation
? Damages

* DEFENSES o

Consent
? Was the privilege available on these facts?

* Did P have capacity?

* Was consent expressly given?

* Implied by custom and usage or P's conduct?
? If yes - did D stay within scope?

o

Privileges
? Was privilege available on these facts?

* Self-Defense o Reasonable belief tort is being or about to be committed on D

* Defense of Others o Tort is in fact being committed or about to be committed on a third person

* Defense of Property o Reasonable belief that tort is being or about to be committed on property

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