Torts Flashcards
7 cards from real AZ BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Torts flashcards as text
For a battery claim, which element distinguishes it from mere assault?
Answer: Harmful or offensive contact with the plaintiff must actually occur
Battery requires actual harmful or offensive contact with the plaintiff's person, whereas assault requires only an apprehension of imminent contact without contact occurring.
A plaintiff can establish an assault claim if:
Answer: The defendant intentionally causes the plaintiff to have a reasonable apprehension of imminent harmful or offensive contact
Assault requires that the defendant intentionally cause the plaintiff to have a reasonable apprehension of imminent harmful or offensive contact; no actual contact or physical injury is required.
Which of the following is NOT a required element of false imprisonment?
Answer: The plaintiff must be aware of the confinement at the time it occurs
Under the majority rule and the Restatement, the plaintiff need not be aware of the confinement at the time if actual harm results; awareness at the time of confinement is not an absolute requirement.
Intentional infliction of emotional distress (IIED) requires conduct that is best described as:
Answer: Extreme and outrageous, intentionally or recklessly causing the plaintiff severe emotional distress
IIED requires extreme and outrageous conduct that intentionally or recklessly causes the plaintiff severe emotional distress; mere insults, indignities, or ordinary rudeness do not suffice.
Trespass to land is considered intentional in the sense that:
Answer: The defendant need only intend the act causing the physical invasion, not necessarily know the land belongs to another
Trespass to land requires only that the defendant intentionally commit the act that causes the physical invasion of land; the defendant need not intend to trespass or know the land belongs to someone else.
The tort of conversion requires proof of:
Answer: An intentional act that so seriously interferes with the plaintiff's right to possess personal property that the defendant must pay its full value
Conversion is an intentional act that so seriously interferes with the plaintiff's right to possess or control personal property that forcing the defendant to pay the full value is appropriate.
Self-defense as a privilege in intentional tort law requires that:
Answer: The defendant must use reasonable force in response to an imminent threat of unlawful harmful or offensive contact
Self-defense allows the use of reasonable force in response to an imminent threat of unlawful harmful or offensive contact, and the force used must be proportionate to the perceived threat.