Torts UPDATED ACTUAL Exam
Questions and CORRECT Answers
Bar Tips - CORRECT ANSWER In deciding whether a P has satisfied an element of a claim.
You should ignore any extreme sensitivity of that Plaintiff. Dealing with a person of ordinary or
reasonable sensitivity.
Bar Tips:
Incapacity defense? - CORRECT ANSWER No incapacity defense in torts.
Bar Tips: - CORRECT ANSWER Any character who commits an element of torts should be
held liable. E.g. children, mentally ill, drunk. ALL HELD LIABLE.
Establishing Intent: Specific Intent - CORRECT ANSWER (intending to bring about specific
consequences)
Establishing Intent: General Intent - CORRECT ANSWER Actor knows with "Substantial
Certainity" that these consequences will result
Establishing Intent: Transferred Intent - CORRECT ANSWER Both tort intended and tort that
results are on this list: Assault, Battery, F.I., Trespass to Land, Trespass to Chattels. (Not
Conversion)
Intentional Torts: Battery - CORRECT ANSWER (1) A harmful or offensive contact/touching
(2) With P's person (or extension thereof)
(3) Intent
(4) Causation
Intentional Torts: Offensive Battery - CORRECT ANSWER (1) A touching is offensive (2)
unpermitted, (3)P of reasonable/ordinary sensitivity.
,Offensive Battery HYPO - CORRECT ANSWER Tapping someone on the shoulder. --> not a
battery. (not about you, if you are quirky it doesn't count) OBJECTIVE STANDARD.
Offensive Battery : When does hypersensitivity count? - CORRECT ANSWER When you
make your quirky issue known to people.
Offensive Battery : Guy hitting on girl. - CORRECT ANSWER Saying you like a girl all
creepy and stroking her hair. = battery
Plaintiff's Person? - CORRECT ANSWER Includes anything the P is holding or anything
connected to the P.
IT: Assault - CORRECT ANSWER (1) Reasonable apprehension
(2) Of an immediate harmful or offensive contact
(3) With P's person (or extension thereof)
(4) Intent
(5) Causation
Assault: (1) Reasonable Apprehension - CORRECT ANSWER Knowledge (Justin Beaver
threaten to hit 50 cent --> assault)
Assault: Empty Threat Hypo - CORRECT ANSWER Empty threat, yo ten seconds I am going
to shoot you. focus on knowledge, if P knows the gun is not loaded. -- Not Assault.
Assault: (2) Immediacy Analysis - CORRECT ANSWER (1) Words alone insufficient
(2) Words negate apprehension
(3) Menacing Conduct.
,IT: False Imprisonment - CORRECT ANSWER (1)Act or omission (pre-existing duty) by D
that confines P.
(2) Bounded area
(3) Aware of the confinement OR harmed by the confinement
(4) Intent
(5) Causation
False Imprisonment: Threats - CORRECT ANSWER Are sufficient, reasonable person
False Imprisonment: (2) Bounded Area Analysis - CORRECT ANSWER (1) Doesn't need
specific boundaries.
(2) No reasonable means of escape.
(3) Dangerous, discussing, harmful, humiliating, hidden
IT: Intentional Infliction of Emotional Distress - CORRECT ANSWER (1) Extreme and
outrageous conduct.
(2) Severe emotional distress
(3) Intent or recklessness
(4) Causation
(5) Damages (physical injury not required)
IIED: (1) Outrageous - CORRECT ANSWER (1) Outrageous- exceeds all bounds of decency
in society.
(2) Direct toward a certain type of P (children, pregnant women, elderly, supersensitive Ps whose
super sensitivities are known to D, YOU NEED TO KNOW!)
(3) Committed by a certain type of D (innkeepers and common carries liable for even "gross
insults")
(4) Continuous or repeated.
(5) Mere insults not enough.
, IIED: (2) Causing severe emotional distress to P - CORRECT ANSWER Pamela was mildly
annoyed? NOT!!!!!!!!!!!!!!!!!!!!!!!!!!! IIED
IIED: Bystanders may recover if - CORRECT ANSWER (1) Present when injury occurred
(2) A close relative of injured person
(3) And D was aware of facts.
IT: Trespass to Land - CORRECT ANSWER (1) Act of physical invasion.
(2) It interferes with Plaintiffs exclusive possession of land.
Trespass to Land - CORRECT ANSWER *(1) D must commit an act of physical invasion.
a. Enter the property
b. The trick! He need not be aware that he crossed a boundary line.
c. Intent is satisfied by deciding to walk not to trespass.
d. throw something (rock window)
Trespass to Land: Hypo: - CORRECT ANSWER You have a heart attack and you fall on
someones lawn did you commit a trespass. NO
Trespass to Land - CORRECT ANSWER *(2) Act interferes with plaintiffs exclusive
possession of land.
(1) Needs to be possessor e.g. renter.
(2) You own air space and ground below.
Trespass to Land: (2) Act must interfere with plaintiffs exclusive possession of land. HYPO -
CORRECT ANSWER Kid Throws ball across your yard and it doesn't land on your yard but
crosses the air space. THIS IS A TRESPASS!
IT: Trespass to Chattels/Conversion - CORRECT ANSWER (1) Some harm/great harm to
Questions and CORRECT Answers
Bar Tips - CORRECT ANSWER In deciding whether a P has satisfied an element of a claim.
You should ignore any extreme sensitivity of that Plaintiff. Dealing with a person of ordinary or
reasonable sensitivity.
Bar Tips:
Incapacity defense? - CORRECT ANSWER No incapacity defense in torts.
Bar Tips: - CORRECT ANSWER Any character who commits an element of torts should be
held liable. E.g. children, mentally ill, drunk. ALL HELD LIABLE.
Establishing Intent: Specific Intent - CORRECT ANSWER (intending to bring about specific
consequences)
Establishing Intent: General Intent - CORRECT ANSWER Actor knows with "Substantial
Certainity" that these consequences will result
Establishing Intent: Transferred Intent - CORRECT ANSWER Both tort intended and tort that
results are on this list: Assault, Battery, F.I., Trespass to Land, Trespass to Chattels. (Not
Conversion)
Intentional Torts: Battery - CORRECT ANSWER (1) A harmful or offensive contact/touching
(2) With P's person (or extension thereof)
(3) Intent
(4) Causation
Intentional Torts: Offensive Battery - CORRECT ANSWER (1) A touching is offensive (2)
unpermitted, (3)P of reasonable/ordinary sensitivity.
,Offensive Battery HYPO - CORRECT ANSWER Tapping someone on the shoulder. --> not a
battery. (not about you, if you are quirky it doesn't count) OBJECTIVE STANDARD.
Offensive Battery : When does hypersensitivity count? - CORRECT ANSWER When you
make your quirky issue known to people.
Offensive Battery : Guy hitting on girl. - CORRECT ANSWER Saying you like a girl all
creepy and stroking her hair. = battery
Plaintiff's Person? - CORRECT ANSWER Includes anything the P is holding or anything
connected to the P.
IT: Assault - CORRECT ANSWER (1) Reasonable apprehension
(2) Of an immediate harmful or offensive contact
(3) With P's person (or extension thereof)
(4) Intent
(5) Causation
Assault: (1) Reasonable Apprehension - CORRECT ANSWER Knowledge (Justin Beaver
threaten to hit 50 cent --> assault)
Assault: Empty Threat Hypo - CORRECT ANSWER Empty threat, yo ten seconds I am going
to shoot you. focus on knowledge, if P knows the gun is not loaded. -- Not Assault.
Assault: (2) Immediacy Analysis - CORRECT ANSWER (1) Words alone insufficient
(2) Words negate apprehension
(3) Menacing Conduct.
,IT: False Imprisonment - CORRECT ANSWER (1)Act or omission (pre-existing duty) by D
that confines P.
(2) Bounded area
(3) Aware of the confinement OR harmed by the confinement
(4) Intent
(5) Causation
False Imprisonment: Threats - CORRECT ANSWER Are sufficient, reasonable person
False Imprisonment: (2) Bounded Area Analysis - CORRECT ANSWER (1) Doesn't need
specific boundaries.
(2) No reasonable means of escape.
(3) Dangerous, discussing, harmful, humiliating, hidden
IT: Intentional Infliction of Emotional Distress - CORRECT ANSWER (1) Extreme and
outrageous conduct.
(2) Severe emotional distress
(3) Intent or recklessness
(4) Causation
(5) Damages (physical injury not required)
IIED: (1) Outrageous - CORRECT ANSWER (1) Outrageous- exceeds all bounds of decency
in society.
(2) Direct toward a certain type of P (children, pregnant women, elderly, supersensitive Ps whose
super sensitivities are known to D, YOU NEED TO KNOW!)
(3) Committed by a certain type of D (innkeepers and common carries liable for even "gross
insults")
(4) Continuous or repeated.
(5) Mere insults not enough.
, IIED: (2) Causing severe emotional distress to P - CORRECT ANSWER Pamela was mildly
annoyed? NOT!!!!!!!!!!!!!!!!!!!!!!!!!!! IIED
IIED: Bystanders may recover if - CORRECT ANSWER (1) Present when injury occurred
(2) A close relative of injured person
(3) And D was aware of facts.
IT: Trespass to Land - CORRECT ANSWER (1) Act of physical invasion.
(2) It interferes with Plaintiffs exclusive possession of land.
Trespass to Land - CORRECT ANSWER *(1) D must commit an act of physical invasion.
a. Enter the property
b. The trick! He need not be aware that he crossed a boundary line.
c. Intent is satisfied by deciding to walk not to trespass.
d. throw something (rock window)
Trespass to Land: Hypo: - CORRECT ANSWER You have a heart attack and you fall on
someones lawn did you commit a trespass. NO
Trespass to Land - CORRECT ANSWER *(2) Act interferes with plaintiffs exclusive
possession of land.
(1) Needs to be possessor e.g. renter.
(2) You own air space and ground below.
Trespass to Land: (2) Act must interfere with plaintiffs exclusive possession of land. HYPO -
CORRECT ANSWER Kid Throws ball across your yard and it doesn't land on your yard but
crosses the air space. THIS IS A TRESPASS!
IT: Trespass to Chattels/Conversion - CORRECT ANSWER (1) Some harm/great harm to
