Torts Exam 2025 Questions and
Answers
Bar Tips - --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? - --Answer --No incapacity defense in torts.
Bar Tips: - --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 - --Answer --(intending to bring about
specific consequences)
Establishing Intent: General Intent - --Answer --Actor knows with
"Substantial Certainity" that these consequences will result
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,Establishing Intent: Transferred Intent - --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 - --Answer --(1) A harmful or offensive
contact/touching
(2) With P's person (or extension thereof)
(3) Intent
(4) Causation
Intentional Torts: Offensive Battery - --Answer --(1) A touching is offensive
(2) unpermitted, (3)P of reasonable/ordinary sensitivity.
Offensive Battery HYPO - --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? - --Answer --When
you make your quirky issue known to people.
Offensive Battery : Guy hitting on girl. - --Answer --Saying you like a girl all
creepy and stroking her hair. = battery
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,Plaintiff's Person? - --Answer --Includes anything the P is holding or
anything connected to the P.
IT: Assault - --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 - --Answer --Knowledge (Justin
Beaver threaten to hit 50 cent --> assault)
Assault: Empty Threat Hypo - --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 - --Answer --(1) Words alone insufficient
(2) Words negate apprehension
(3) Menacing Conduct.
IT: False Imprisonment - --Answer --(1)Act or omission (pre-existing duty)
by D that confines P.
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, (2) Bounded area
(3) Aware of the confinement OR harmed by the confinement
(4) Intent
(5) Causation
False Imprisonment: Threats - --Answer --Are sufficient, reasonable person
False Imprisonment: (2) Bounded Area Analysis - --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 - --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 - --Answer --(1) Outrageous- exceeds all bounds of
decency in society.
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Answers
Bar Tips - --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? - --Answer --No incapacity defense in torts.
Bar Tips: - --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 - --Answer --(intending to bring about
specific consequences)
Establishing Intent: General Intent - --Answer --Actor knows with
"Substantial Certainity" that these consequences will result
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 1
,Establishing Intent: Transferred Intent - --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 - --Answer --(1) A harmful or offensive
contact/touching
(2) With P's person (or extension thereof)
(3) Intent
(4) Causation
Intentional Torts: Offensive Battery - --Answer --(1) A touching is offensive
(2) unpermitted, (3)P of reasonable/ordinary sensitivity.
Offensive Battery HYPO - --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? - --Answer --When
you make your quirky issue known to people.
Offensive Battery : Guy hitting on girl. - --Answer --Saying you like a girl all
creepy and stroking her hair. = battery
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 2
,Plaintiff's Person? - --Answer --Includes anything the P is holding or
anything connected to the P.
IT: Assault - --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 - --Answer --Knowledge (Justin
Beaver threaten to hit 50 cent --> assault)
Assault: Empty Threat Hypo - --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 - --Answer --(1) Words alone insufficient
(2) Words negate apprehension
(3) Menacing Conduct.
IT: False Imprisonment - --Answer --(1)Act or omission (pre-existing duty)
by D that confines P.
....COPYRIGHT ©️ 2025 ALL RIGHTS RESERVED...TRUSTED & VERIFIED 3
, (2) Bounded area
(3) Aware of the confinement OR harmed by the confinement
(4) Intent
(5) Causation
False Imprisonment: Threats - --Answer --Are sufficient, reasonable person
False Imprisonment: (2) Bounded Area Analysis - --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 - --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 - --Answer --(1) Outrageous- exceeds all bounds of
decency in society.
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