What are the elements to a battery claim?------ 1. Voluntary act 2. Intent to touch 3. Touch results 4.

Intent to cause harm or offense 5. Harm or offense occurs What are the five types of intent in a battery claim?------ 1. Inferrence based upon actions - Snyder v. Turk 2. Knowledge with substantial certainty - Garratt v. Dailey 3. Lack of consent - Mullins v. Parkview Hospital 4. Purpose toharm or offend- Restatement (throwing stone into a crowd) 5. Transferred intent - Stoshak v. East Baton Rouge Parish School What are the elements to an assault claim?------ 1. Voluntary act 2. Intent to cause apprehension (objective standard) 3. Apprehension (fear or awareness of battery) results 4. of imminent or impending nature 5. Apprehension causes harm or offense Name three cases dealing with assault?------ 1. Cullison v. Medley - family breaks into a man's trailer and threatens him wit h a gun. D later threatens P in a store. 2. Dicken's v. Puryear - a group of men beat and threaten to castrate and kill a nother man but use conditional language, which negated the immanency requirement of assault. 3. Raess v. Doescher - man pushes doctor up against a wall and pretends to throw a punch but stops short of impact, then leaves. What are the elements of a false imprisonment claim?------ 1. Intentional 2. Confinement (within a limited area) 3. of another 4. Without privilege or consent 5. For an appreciable time 6. Victim conscious of or harmed thereby What are five cases that deal with false imprisoment?------ 1. McCann v. Wal-Mart Stores, Inc. - Lady and her children detained by securityun der color of law for suspected shoplifting. Her kidwas confined for 10 minutes an d notallowed to use the restroom. 2.Shen v. Leo A Daly Co. - man prevented from leaving Taiwan, not enough for fals e imprisonment, which involves a limited range of movement. 3. Thorsen v. Kaufmann's Department Stores - D grabs a woman's pants from a dres sing room because he suspects she is attempting to shoplift.The woman wishes to l eave a department store but does not want to leave without her pants. Duress of goods is not enough to establish false confinement. 4. Fuerschbach v. Southwest Airlines Co. - Officers were held liable for false c onfinement by participating in a practical joke to stage a false arrest of an ai rline employee. 5. Hunter v. The Buckle, Inc. - D held liable for false confinement forinducing a n officer to unlawfully detain another. What case specifically addresses the duration of the privilege to detain?------Sta

te of Maryland v. Dett - A woman was arrested on an oustanding warrant and detai ned for four days before release, even though the officer knew shortly after arr est that the woman held was not the woman that the warrant described. What are the elements of trespass to land?------ 1. Intentional act(single intent - deliberate) 2. Entry 3. Upon land 4. Of Another What are the elements of conversionof chattels?------ 1. To establish substantial dominion 2. Over the chattels of another 3. With intent to convert to "own use" What damages are plaintiffs entitled to in a conversion claim?------ 1. Damages for the entire value of the chattels converted. What factors differentiate between conversion of chattels and trespass to chatte ls?------ 1. Extent and duration of control 2. D's intent to assert a right to property 3. D's good faith 4. The harm done to chattels 5. Expense or inconvenience caused What case deals specifically with trespass to chattels?------ School of Visual Arts v. Kuprewicz - a former employee caused large volumes of p ornographic emails and unsolicited job applications to be sent to P, thereby, se verely limiting P's hard disk space and drained processing power. The court held that these facts, if true, would constitute a valid claim for trespass to chatt els by harming "a materially valuable interest in the physical condition, qualit y, or value of the chattel" or depriving owner of the use thereof for "a substan ial time." What are the elements of a negligence claim?------ 1. Duty of care 2. Breach of duty 3. Harm results 4. Actual cause 5. Proximate cause What is the benefit of negligence per se?------ A claim of negligence per se proves the first 2 elements of a negligence claim: duty of care and breach of duty. Per O'Guin v. Bingham County, what was the test to determine if a common law dut y can be replaced by a standardof care supplied by a statute or ordinance?------ 1. The statute or regulation must clearlydefine the standard of conduct. 2. The statute or regulation must have been enacted with the intent to prevent t he type of harm that occurred (resulting either from a negligentact or by omissio n). 3. Plaintiff must bea member of the class of persons that the statute or regulati on was designed to protect. 4. The violation of the statute or regulation must be the actual cause of the Pl aintiff's injury. Namethree cases dealing with negligence per se.------

1. O'Guin v. Bingham County - children wander into a landfill and die by falling into a pit wall that collapses around them. The court established a test for de termining when a common law duty is supplanted by a standard of care in a statut e, ordinance or regulation. 2. Impson v. Structural Metals, Inc. - Driver attempted to pass a car within 100 ft. of an intersection in violation of a statute and caused an accident. D held liable, but the court determined a set of excuses to negligence per se. 3. Bauman v. Crawford - Children are not held liableunder thenegligence per se sta ndard. However, a child's violation of a statute can be used as evidence of negl igence. What are the four excuses for the negligence per se standard as identified by th e Second Restatement and Impson v. Structural Metals, Inc.?------ 1. The violation is reasonable because of the actor's incapacity (minority, phys ical disability, or physicalincapacitation). 2. The actor neither knows nor should know of the need for compliance. 3. The actor is unable to comply after reasonable diligence or care. 4. The actor is confronted with an emergency not due to his own conduct. 5. Compliance would cause greater risk of harm to the actor or to others. Are any of the following legitimate excuses to the negligence per se standard of care? "I didn't know the law" "I don't agree with the statue" "People violate the statute all the time"------No. What four factors affect the calculus of negligence?------ 1. Social utility of the act or behavior in question 2. All behavior involves some risk 3. The degree of reasonableness of the risk 4. Whether or not the cost to prevent the risk is less than the probability of r isk and the cost of injury. (Hand Formula: B > PL) Under what theories may a plaintiff collect for slip and fall injuries at a defe ndant's place of business?------ 1. Actual Notice - The defendant created and failed to take reasonable steps to abate the hazard. 2. Constructive Notice - The defendant did not directly create a condition but d iscovered or should have discovered it and failed to take reasonable steps to pr event injury. 2. Mode or Method of Operation - The Defendant's mode or method of operations ma de it foreseeable that others would create a dangerous condition leading to inju ry, and that he failed to take reasonable measures to discover and remove the ri sk. What are six cases establishing exceptions or clarifications to the slip & fall rules?------ 1. Walmart Stores, Inc. v. Spates - Constructive notice is not established when hazard is present for only brief periods of time (plastic six-pack ring was on t he floor for 30-45 seconds).

 2. Jones v. Brookshire Grocery Co. - Recent inspections by a storekeeper can thw art a plaintiff's claim based upon constructive notice - wrinkle in a mat probab ly did not cause Plaintiff's fall because several employees had inspected the ar ea throughout the day. 3. Edenshaw v. Safeway, Inc. - Fact finders may decide whether or not a store ke eper was reasonable in maintaining the store's premises by considering all of th e circumstances of the case (rulesfor slip/fall casesthereby become factors). 4. Ortega v. Kmart Corp - what length of time that is deemed unreasonable for a hazard to exist and remain unattended by the store owner is for a jury to decide on a case-by-case basis. 5. Lanier v. Wal-Mart Stores, Inc. - burden of proof can shift to store to excul pate itself once plaintiff establishes that a fall was caused by a foreign subst ance. 6. Wal-Mart Stores, Inc. v. Wright - the store's internal handbook detailing pra ctices for clean-up of spills did not establish the standard of care per the law pursuant to negligence. What does res ipsa loquitur mean and what is its significanceto negligence law?----- "The thing speaks for itself"; it establishes that a defendant was negligence by mere occurrence of the act that caused harm, and allows a plaintiff to survive a defendant's motion for directed verdict to get his case to the jury. What four things must a plaintiff prove to establish res ipsa loquitur?-1. The ev ent causing harmis the kind that ordinarily does not occur in the absence of negl igence. 2. Other possible causes, including conduct by the plaintiff and third parties, are sufficiently eliminated by the evidence. 3. The indicated negligence is with the scope of D's duty to P. 4. (Third Restatement Only) Negligence can be inferred based upon D's actions wh en the action causing harm is ordinarily only the result of negligence of a clas s of actors of which D is a relevant member.