1L Tort Law Prep Exam Questions With
Guaranteed Pass Solutions.
(Int.Tort) Battery: - Answer Battery is the intentional, harmful or offensive touching of another.
Key words:
1. intentional
2. harmful or offensive
3. touching of another person
(Int.Tort) Assault: - Answer Assault is the intentional threatening of another with battery and
the creating of reasonable apprehension of immediate bodily harm in the victim.
Key words:
1. intentional
2. threat of battery
3. creating reasonable apprehension of immediate bodily harm
(Int.Tort) False Imprisonment: - Answer False imprisonment is the intentional confinement of
the plaintiff by the defendant.
Keywords:
1. intentional
2. confinement of another person
(Int.Tort) Intentional Infliction of Mental Distress: - Answer Intentional infliction of mental (or
emotional) distress, is the intentional causing of severe emotional or mental distress in another
through extreme and outrageous conduct.
Keywords:
1. intentional
2. causing another person severe emotional or mental distress
3. extreme and outrageous conduct
(Int.Tort) Trespass to Land: - Answer Trespass to land is an intentional entry upon real property
in the possession of another.
,(Int.Tort) Trespass to Chattel: - Answer Trespass to chattel is the intentional interference with a
person's use or possession of a chattel.
Keywords:
1. intentional
2. interference with chattel
3. possessed by another
(Int.Tort) Conversion: - Answer Conversion is an intentional assumption of dominion and
control over the chattel of another, resulting in a substantial interference with the plaintiff's
possessory rights.
Keywords:
1. intentional
2. dominion and control of a chattel
3. possessed by another
4. substantial interference with possessory rights
Intent Requirement for Intentional Torts: - Answer In order to find that a tortious act was done
with intent, it must be established that the defendant had a conscious desire that the result
would occur, knew that the result would occur, or knew that the result was substantially certain
to occur.
Keywords:
1. conscious desire to produce result, or
2. knowledge that result will occur, or
3. knowledge that result is substantially certain to occur
Substantial Certainty Doctrine: - Answer The Substantial Certainty Doctrine holds that if the
defendant does an act with the knowledge that it is substantially certain to produce a particular
result, the defendant is deemed to have intended the result and is liable for his act.
Keywords:
1. defendant acts
2. defendant knows his act is substantially certain to produce result
Transferred Intent Doctrine: - Answer The Transferred Intent Doctrine is applicable when a
,1. defendant intends to commit a tortious act
2. a. result is harm to a different victim than intended, or
b. result is a different tort than intended
Trespass Ab Initio: - Answer Trespass ab initio is an entry upon the real property in possession
of another under a conferred legal right, and the subsequent abusing of that conferred legal
right through the commission of an assault, battery, false imprisonment, or trespass.
Keywords:
1. legal entry upon another's property
2. abuse of right of entry by commission of tort
(Def. to Int. Tort) Defense of Consent: - Answer A defendant who acted in accordance with the
plaintiff's informed and voluntary assent, whether express or implied, is not liable for the
resulting harm so long as the plaintiff had legal capacity.
Keywords:
1. informed
2. voluntary
3. express or implied assent
4. legal capacity
(Def. to Int. Tort) Defense of Self-Defense: - Answer A person who reasonably believes himself
to be threatened with immediate bodily harm may use whatever degree of force is apparently
necessary to protect himself. If the attack is with so-called "deadly force" the majority rule is
that the one attacked may defend with "deadly force" if deemed reasonable under the
circumstances. The minority rule requires that the one attacked retreat if there is a safe means
of doing so, unless the victim of the attack is in his "castle"(i.e., home).
Keywords:
1. objectively reasonable belief of threat to self of immediate bodily harm
2. degree of force is apparently necessary
(Def. to Int. Tort) Defense of Defense of Others: - Answer A person who reasonably believes
another to be threatened with immediate bodily harm may use whatever degree of force is
apparently necessary to protect the personal safety of the other person.
Keywords:
1. objectively reasonable belief of threat to another of immediate bodily harm
, (Def. to Int. Tort) Step-In-Shoes Jurisdiction (Defense of Others): - Answer In some jurisdictions
a person is not allowed to use the defense of "defense of others" unless the person being
defended was not the aggressor and had the right to use self-defense.
Keywords:
1. defendant claims the defense of others
2. person defended was not aggressor
3. person defended was entitled to use self-defense
(Def. to Int. Tort) Reasonable Appearances Jurisdictions (Defense of Others): - Answer In other
jurisdictions, a person defending another in good faith and in ignorance of the fact that the
person being defended is the aggressor and not entitled to use self-defense is nevertheless
justified when acting upon reasonable appearances. Sometimes it is further required that the
person being defended is one whom the defender is authorized by statute to protect.
Keywords:
1. defendant claims defense of others
2. defendant acted in good faith
3. objectively reasonable ignorance of fact that person being defended was aggressor
(Def. to Int. Tort) Defense of Defense of Property: - Answer A person may use reasonable force
that is not likely to cause death or serious bodily harm to protect his or her possession of real or
personal property against an apparent trespasser.
Keywords:
1. defendant acts to protect his property from being taken
2. taking was apparently trespassory
3. degree of force used was objectively reasonable and not life-threatening
(Def. to Int. Tort) Defense of Prevention of Crime: - Answer A person, whether a police officer
or a private person, may use reasonable force to prevent the commission of a crime which is
apparently being attempted in his or her presence.
Keywords:
1. reasonable belief that a crime is being committed in defendant's presence
2. defendant acted to prevent the crime
3. degree of force used was objectively reasonable
Guaranteed Pass Solutions.
(Int.Tort) Battery: - Answer Battery is the intentional, harmful or offensive touching of another.
Key words:
1. intentional
2. harmful or offensive
3. touching of another person
(Int.Tort) Assault: - Answer Assault is the intentional threatening of another with battery and
the creating of reasonable apprehension of immediate bodily harm in the victim.
Key words:
1. intentional
2. threat of battery
3. creating reasonable apprehension of immediate bodily harm
(Int.Tort) False Imprisonment: - Answer False imprisonment is the intentional confinement of
the plaintiff by the defendant.
Keywords:
1. intentional
2. confinement of another person
(Int.Tort) Intentional Infliction of Mental Distress: - Answer Intentional infliction of mental (or
emotional) distress, is the intentional causing of severe emotional or mental distress in another
through extreme and outrageous conduct.
Keywords:
1. intentional
2. causing another person severe emotional or mental distress
3. extreme and outrageous conduct
(Int.Tort) Trespass to Land: - Answer Trespass to land is an intentional entry upon real property
in the possession of another.
,(Int.Tort) Trespass to Chattel: - Answer Trespass to chattel is the intentional interference with a
person's use or possession of a chattel.
Keywords:
1. intentional
2. interference with chattel
3. possessed by another
(Int.Tort) Conversion: - Answer Conversion is an intentional assumption of dominion and
control over the chattel of another, resulting in a substantial interference with the plaintiff's
possessory rights.
Keywords:
1. intentional
2. dominion and control of a chattel
3. possessed by another
4. substantial interference with possessory rights
Intent Requirement for Intentional Torts: - Answer In order to find that a tortious act was done
with intent, it must be established that the defendant had a conscious desire that the result
would occur, knew that the result would occur, or knew that the result was substantially certain
to occur.
Keywords:
1. conscious desire to produce result, or
2. knowledge that result will occur, or
3. knowledge that result is substantially certain to occur
Substantial Certainty Doctrine: - Answer The Substantial Certainty Doctrine holds that if the
defendant does an act with the knowledge that it is substantially certain to produce a particular
result, the defendant is deemed to have intended the result and is liable for his act.
Keywords:
1. defendant acts
2. defendant knows his act is substantially certain to produce result
Transferred Intent Doctrine: - Answer The Transferred Intent Doctrine is applicable when a
,1. defendant intends to commit a tortious act
2. a. result is harm to a different victim than intended, or
b. result is a different tort than intended
Trespass Ab Initio: - Answer Trespass ab initio is an entry upon the real property in possession
of another under a conferred legal right, and the subsequent abusing of that conferred legal
right through the commission of an assault, battery, false imprisonment, or trespass.
Keywords:
1. legal entry upon another's property
2. abuse of right of entry by commission of tort
(Def. to Int. Tort) Defense of Consent: - Answer A defendant who acted in accordance with the
plaintiff's informed and voluntary assent, whether express or implied, is not liable for the
resulting harm so long as the plaintiff had legal capacity.
Keywords:
1. informed
2. voluntary
3. express or implied assent
4. legal capacity
(Def. to Int. Tort) Defense of Self-Defense: - Answer A person who reasonably believes himself
to be threatened with immediate bodily harm may use whatever degree of force is apparently
necessary to protect himself. If the attack is with so-called "deadly force" the majority rule is
that the one attacked may defend with "deadly force" if deemed reasonable under the
circumstances. The minority rule requires that the one attacked retreat if there is a safe means
of doing so, unless the victim of the attack is in his "castle"(i.e., home).
Keywords:
1. objectively reasonable belief of threat to self of immediate bodily harm
2. degree of force is apparently necessary
(Def. to Int. Tort) Defense of Defense of Others: - Answer A person who reasonably believes
another to be threatened with immediate bodily harm may use whatever degree of force is
apparently necessary to protect the personal safety of the other person.
Keywords:
1. objectively reasonable belief of threat to another of immediate bodily harm
, (Def. to Int. Tort) Step-In-Shoes Jurisdiction (Defense of Others): - Answer In some jurisdictions
a person is not allowed to use the defense of "defense of others" unless the person being
defended was not the aggressor and had the right to use self-defense.
Keywords:
1. defendant claims the defense of others
2. person defended was not aggressor
3. person defended was entitled to use self-defense
(Def. to Int. Tort) Reasonable Appearances Jurisdictions (Defense of Others): - Answer In other
jurisdictions, a person defending another in good faith and in ignorance of the fact that the
person being defended is the aggressor and not entitled to use self-defense is nevertheless
justified when acting upon reasonable appearances. Sometimes it is further required that the
person being defended is one whom the defender is authorized by statute to protect.
Keywords:
1. defendant claims defense of others
2. defendant acted in good faith
3. objectively reasonable ignorance of fact that person being defended was aggressor
(Def. to Int. Tort) Defense of Defense of Property: - Answer A person may use reasonable force
that is not likely to cause death or serious bodily harm to protect his or her possession of real or
personal property against an apparent trespasser.
Keywords:
1. defendant acts to protect his property from being taken
2. taking was apparently trespassory
3. degree of force used was objectively reasonable and not life-threatening
(Def. to Int. Tort) Defense of Prevention of Crime: - Answer A person, whether a police officer
or a private person, may use reasonable force to prevent the commission of a crime which is
apparently being attempted in his or her presence.
Keywords:
1. reasonable belief that a crime is being committed in defendant's presence
2. defendant acted to prevent the crime
3. degree of force used was objectively reasonable
