Reference no: EM133244384

Assignment:

Questions:

1. Is it necessary that P have actual awareness of the contact at the time the tort of battery occurs?
2. List the elements required to prove the tort of battery in Florida.
3. Explain the tort of assault.
4. What are the two different types of intent required for the tort of assault?
5. When must it appear to P that the harm is being threatened?
6. List the elements required to prove the tort of assault in Florida.
7. How does the tort of battery differ from the tort of assault?
8. Explain the tort of false imprisonment?
9. What is the Police Privilege?
10. What is the Shopkeepers Privilege?
11. List the elements required to prove false imprisonment in Florida.
12. Explain the tort of intentional infliction of emotional distress.
13. What kind of conduct is required for a Defendant to be liable in an intentional infliction of emotional distress case?
14. List the elements required to prove the tort of intentional infliction of emotional distress in Florida.
15. List the three intentional torts against property.
16. Explain trespass against land.
17. What are some of the ways a tortfeasor can commit trespass?
18. Does a Defendant commit trespass if he accidentally enters onto Plaintiffs land?
19. List the elements required to prove trespass to land in Florida.
20. Explain the tort of trespass to chattel.
21. What is Defendant's liability for trespass to chattels limited to?
22. Do courts require actual damage to the chattel?
23. List the elements of trespass to chattel in Florida.
24. Explain the tort of conversion.
25. What are the different ways in which conversion may be committed?
26. List the elements required to prove conversion in Florida.
27. What is the difference between the torts of trespass to chattels and conversion?
28. What does a court consider when distinguishing trespass to chattels and conversion?
29. List the seven defenses to intentional torts.
30. Is mistake a defense to an intentional tort?
31. Explain the defense of consent.
32. What are the 2 ways a plaintiff can consent? Explain the difference between the two.
33. Under what conditions is a defendant entitled to use self-defense?
34. How much force can the person defending themselves use?
35. Under what circumstances can one person defend another?
36. In Florida, under what circumstances can a person use non-deadly force to defend themselves or another?
37. In Florida, under what circumstances can a person use deadly force to defend themselves or another?
38. Explain the castle law or castle doctrine.
39. A person may generally use reasonable force to defend her property after she does what two things?
40. When is a defendant justified in using force to defend her property?
41. Why are homeowners not allowed to use spring guns to defend their homes?
42. Under what conditions can a property owner use force to regain possession of chattels?
43. Can a person use deadly force to regain possession of chattels taken from her by someone else?
44. Before a Defendant can go onto a Plaintiff's property to recover Defendant's property that is on Plaintiff's property through no fault of Defendant, what must Defendant do?
45. What must a Defendant do if he causes actual damage to Plaintiff's property when entering to regain chattel?
46. Can a landlord use force to evict a holdover tenant?
47. When is the defense of necessity used?
48. With the defense of necessity, the Defendant must prove that the harm inflicted on the Plaintiff's person or property was less than what?
49. What are the differences between public and private necessity?