S22 - INTENTIONAL TORTS

True or False. The defendant’s subjective state of mind is relevant for most negligence claims.

• True

• False

Answer explanation

For negligence cases, we use the objective "reasonable person" test.

True or False. The defendant’s subjective state of mind is relevant for most intentional tort claims.

• True

• False

Answer explanation

Intent is subjective and is required for most intentional torts, but not for trespass.

True or False. Intentional torts are also often crimes.

• True

• False

True or False. The burden of proof for a battery claim is the same, whether it is a criminal claim or a civil claim.

• True

• False

Answer explanation

Criminal burden of proof is beyhond a reasonable doubt. Civil is preponderance of the evidence.

If the defendant has "normal" mental functioning, which of these must the plaintiff prove in a battery case:

• The defendant intended the contact

• The defendant intended to cause some offensive or harmful consequence

• The defendant intended the harm that actually results

• The defendant intended to act like a child

• The contact was harmful or offensive

If the defendant is a child, or has the mental functioning of a child, which of these must the plaintiff prove in a battery case:

• The defendant intended the contact

• The defendant intended to cause some offensive or harmful consequence

• The defendant intended the harm that actually results

• The defendant intended to act like a child

• The contact was harmful or offensive

Which of these are elements of a battery claim, if the defendant has a "normal" mental capacity:

• Defendant intends conduct that is harmful or offensive

• Defendant causes conduct that is harmful or offensive

• Defendant intentionally causes apprehension of imminent offensive or harmful contact

• Defendant intentionally confines the plaintiff

• The plaintiff's reputation was damaged

Which of these are elements of an assault claim:

• Defendant intends conduct that is harmful or offensive

• Defendant causes conduct that is harmful or offensive

• Defendant intentionally causes apprehension of imminent offensive or harmful contact

• Defendant intentionally confines the plaintiff

• The plaintiff's reputation was damaged

Which of these are elements of a false imprisonment claim:

• Defendant intends conduct that is harmful or offensive

• Defendant causes conduct that is harmful or offensive

• Defendant intentionally causes apprehension of imminent offensive or harmful contact

• Defendant intentionally confines the plaintiff

• The plaintiff's reputation was damaged

Which of these are elements of a trespass claim:

• Intruding on someone's property

• Lacking permission to go on the property

• Knowing that you are intruding on someone else's property

• Damages to the property