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MBE Subjects I_Torts Outline

MBE Subjects I_Torts Outline

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Published by Lal Legal
MBE bar exam lecture notes and outline for Torts
MBE bar exam lecture notes and outline for Torts

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Published by: Lal Legal on Jun 11, 2014
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06/11/2014

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TORTS
 Checklist for every torts question:Who is the plaintiff?Who is the defendant/who are the defendants? Who are the responsible parties?What is the plaintiff’s injury or injuries?What legal theory/theories can the plaintiff assert?Make sure that it is a torts question
I. INTENTIONAL TORTS
A.Elements of Intentional Torts
!"# $ %&'
Voluntary Act
a(efinition:
EXAMPLE:
$f )o* pushes (irk into +riscilla and +riscilla sues (irk, there is no liability for an intentional tort because (irk did not engage in any voluntary act
EXAMPLE:
(ina, during a sudden epileptic sei-ure, hits +oinde.ter While (ina did not intend the har*, there is also no liability because there was no voluntary act by (ina
Intent
a0or *ost intentional torts, intent is established if the defendant either:!'&!&1
Causation
ab+ro.i*ate cause in intentional torts:23%M )$+
 
4
Harm
a
Varies based on the ind of intentional tort.
b
!ays to establish harm in intentional torts:
!'&!&5
"o Pri#ile$e or %efenseH&P'THETICAL
(ell sees his archrival +ratt walking across the street %lthough (ell thinks it’s unlikely he can throw a stone that far, (ell picks up a nearby stone and throws it at +ratt 6as (ell acted with purpose/intent such that he *ay be found liable for tortious conduct?
H&P'THETICAL
(arla, due to boredo*, decides to shoot her 77 gun into a passing co**uter train 8he doesn’t want to hurt anyone, but knows that the trains at that hour will be packed with passengers 8he shoots her gun at a full passenger car passing by her, hitting +la. 6as (arla acted with intent such that she *ay be found liable for tortious conduct?
H&P'THETICAL
8i.9year9old 7rian (ailey pulls a chair out fro* where he knows Mrs arrett is sitting $f 7rian knew
 
that it was substantially certain that this would cause Mrs arrett to fall to the ground, has he acted with intent?
H&P'THETICAL
(elbert is late for his )orts class Without looking where he is going, he runs out of the library and collides with +arker 6as (elbert acted with intent?
(.(attery
!"# $ 7&'% battery arises where:a2le*ents:!'&!&!1&)o establish intent, plaintiff has to show either:

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