MBE

1. 2. 3. 4. 5. 6. K mostly half of questions Crim pro Torts Negligence , LL-T , Defamation , Intentional Torts, invasions of Privacy Evidence Relevancy, Hearsay , Presentation (objection at trial) Real Property Con Law -

Torts
I. Big Areas for MBE A. Intentional Torts i. Assault ii. Battery iii. False Imprisonment 1. Defenses Shopkeepers privilege iv. Trespass to Land / a. Defenses Necessity v. Trespass to Chattel vi. Conversion Checkpoint Items A. What is the cause of action B. Prima Facia Case and Defense C. Who are the parties (is there a special relationship?) D. Does the intent Transfer E. What is the Harm F. Are damages needed Approach to Torts A. Identify cause of action B. Look for elements C. Consider Defenses D. Knock out wrong answer choices E. Choose the best of whats left

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Intentional Torts
I. Assault A. Elements 1. An act by a. Creating reasonable apprehension in b. Of immediate harm or offensive contact 2. Intent on part of a. To bring about apprehension of immediate harmful or offensive contact in 3. Causation Battery A. 3 Types 1. intends to commit harmful/offensive act harmful offensive act results 2. intends to commit assault offensive/harmful contact results 3. commits act, which he knows or should know, creates a substantial certainty that a harmful or offensive contact will occur B. Defenses 1. Consent a. Victim gives permission --? Whats tortious is now privileged b. Expressed consent or non verbal gestures c. Implied consentwhen under circumstances the conduct conveys consent d. Consent Implied by law- Emergency medical treatment by health professionals when victim is unconscious or unable to provide consent Intentional Infliction of Emotional Distress

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Damages severe emotional distress Intent by that suffer severe emotional distress or recklessness Causation Extreme and outrage conduct

A. IIED 3rd Party 1. When causes physical harm to a 3rd party & 2. suffers emotional distress because of their relationship to injured person 3. Elements a. MUST be present b. was a close relative to injured person

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c. knew or should have known of the presence of the , & d. Actual damages are required Trespass to Chattel & Conversion A. Trespass to Chattel 1. interferes w/ another persons lawful possession of a chattel (movable property) 2. Interference can be: a. Physical contact w/ chattel in quantifiable way, or b. Dispossession by taking it, destroying it, or barring owners access 3. Trespass to chattel or Larceny? a. Tort Requires only INTENT TO TAKE, regardless of knowledge of ownership b. Criminal Law Requires INTENT TO PERMANTENTLY DEPRIVE the owner of possession B. Conversion 1. Greater wrong than trespass 2. Consider: a. Duration b. Value c. Damage C. Defenses Necessity 1. Allows to interfere w/ the property interest of an innocent party in order to avoid a greater injury. 2. is justified in behavior because action minimizes overall loss 3. Public Necessity a. injuries a private property interest to protect community ( Complete Defense) 4. Private Necessity a. injures a private property interest to protect a private interest valued greater than the appropriated or injured property. (incomplete defense) b. is privileged to interferes, but liable for damage Trespass to Land A. Intentional Entries 1. liable for intentional entries onto land of another 2. Damage is not required 3. Mistake is no defense B. Unintentional entries

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1. A person is not liable for trespass for negligent or reckless entries UNLESS he cause damage to land False Imprisonment A. Elements 1. Act by that 2. Confines or constrains 3. To bounded area 4. intends to confine 5. Causation B. Defense shopkeepers Privilege 1. If shopkeeper reasonably believe that a theft occurred, he is privileged to make a detention in a reasonable manner for a reasonable period of time

Negligence
I. Duty A. What? 1. Legal requirements to act as ordinary, prudent, reasonable person taking precaution against unreasonable risks of injury to others B. To whom? 1. All foreseeable plaintiffs C. When? 1. Everyday situations 2. Emergency situations D. Duties of Care 1. Trespasser No duty 2. Licensee (friend) Warn of known dangers 3. Invitee (Customer) Inspect & Make safe Breach Causation Damages Negligence per Se A. Statute designed to 1. Prevent this type of injury 2. Protect this class of Res Ipsa Loquitor A. Accident does no normally occur absent negligence on the part of & B. Instrumentality causing the accident was within the exclusive control Defenses Foreseeable Intervening Forces (If foreseeable liable) A. Negligent rescue B. Subsequent medical malpractice C. Subsequent disease D. General negligence Unforeseeable Intervening Forces (if unforeseeable not liable) A. Acts of God ( lightening , flood) B. Intentional torts of 3rd parties C. Intentional crimes of 3rd parties Contributory Negligence A. A negligent is barred from recovery B. Minority Rule 1. Last Clear Chance Rule a. A neg. can still recover if he can show the had the last clear chance to avoid he injury and failed to do so

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b. Only use if fact pattern says its a contributory neg. jurisdiction Comparative Negligence (MBE PURE) A. Negligent recovery will be reduced by the percentage of his own negligence B. Pure 1. can recover even if negligence exceeds C. Modified 1. Recovery only if negligence is less than D. No last clear chance doctrine Multi Party Liability A. Release 1. When a tortfeasor makes a pretrial agreement to pay he share of the damages awarded to the such settlements usually precede the courts determination of each tortfeasors liability B. The settling percentage of fault is deducted from the damages warded the regardless of the actual payment made to the settling Assumption of Risk

Other Torts
I. Other converge areas Strict Liability Nuisance Strict products liability Defamation Wild animals Invasion of privacy Ultra hazardous activities Misrepresentation Defense Checkpoint items A. Who are the parties? 1. Sellers 2. Public figures 3. Wild animal owners B. Are the elements satisfied C. Multiple causes of action D. Defenses E. Fault on behalf of Abnormally Dangerous Activities (subject to strict liability) A. General Rule 1. If the activity creates the risk of serious injury to the land or chattels of the or to the himself AND 2. The risk CANNOT be eliminated through exercise of due care AND 3. The particular activity is not generally performed in that particular physical area. B. Examples 1. Storage of explosives , fumigation, crop dusting, storage of flammable liquids, pile driving, and maintenance of hazardous waste site Wild Animals A. General Rule 1. Owner of wild animal is strictly liable to person who are injured by the animal B. Examples 1. Lions, tigers, bears, elephant, wolves, monkey, sharks, snakes, spiders

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Strict Products liability A. General Rule 1. One who sells a product in a defective condition unreasonably dangerous to the user or consume is held strictly liable for the harm or injury that is caused

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B. Defendants 1. Must be commercial seller of such products Defenses to Strict Liability A. Assumption of Risk B. Adequate warning C. Product misuse Misrepresentation A. False statement B. Scienter C. Intent to induce to act D. Justifiable reliance E. Damages Private nuisance A. General Rule 1. A disturbance that creates a SUBSTANTIAL and UNREASONABLE interference with the use AND enjoyment of ones property Defamation A. Defamatory statement of fact, NOT opinion B. Publication to any 3rd party who reasonably understands C. Damages Gen. damages presumed, special damages required except libel & slander per se D. Standard of proof Fault and Falsity 1. Public official/figure Malice 2. Private person 1. Matter of public concern Negligence 2. Matter of private concern Publication only Slander per se A. Defamatory statement imputes 1. Loathsome disease 2. Unchasity to a woman 3. Improper conduct in ones trade, business, or profession 4. False accusation of a crime Invasion of Right to Privacy A. Appropriation B. False light C. Intrusion upon seclusion D. Public disclosure of private facts