FINAL IS ALL ESSAY OFFICE HOURS 9-12 FRIDAY BEFORE EXAM MAY 3RD,
REMEMBER: ALWAYS LOOK FOR CALL OF THE QUESTION FIRST
dont need case names, statutes handed out, keep issue spotting
THERE IS A PAGE LIMIT, WON
Office hours Tuesday 12-1/Wednesday 2:30-4:30
Kansas v. Crane
Supreme Court of the U.S.
Respondent was convicted of lewd and lascivious behavior and
pleaded guilty to aggravated sexual battery for two incidents.
o (1) E
Civ Pro II PJ
(1)[Pennoyer] est. power, consent, and notice but it does not govern today.
PJ = Power OR Consent + Notice
o Power to exercise personal jurisdiction over a D within the forum state is dictated
ImputabilityCan we impute responsibility to
Criminal Theoryrequired mens rea [ guilty mind] and actus reas [act]
before we can hold someone criminally responsible
[State v. Quick]Necessity of an ActOr Actus Reas
At trial, The State (P) pr
[State v. Jimerson] (pg 259)
Court of Appeals of Washington 1980
Kids try to swerve in their car to scare the police
Assaultan attempt, with unlawful force, to inflict bodily injury upon
another, accompanied with apparent presen
Chapter 7 Mens Rea
Civil offenseslow level offenses you dont need mens rea for such
as parking tickets
[Morissette v. U.S.]Mens Rea
Facts: Morissette (D), while on U.S. government (P) land often used
for hunting, co
OFFENSES AGAINST THE PERSON
Homicide; death of a human being
a. Homicide: the death of a human being
i. born or in the process of being born
ii. A fetus must be viable and actually in the process of being born
to qualify as a human being for homicide p
Nuisance CH 7
A person commits the tort of nuisance by intentionally and unreasonably interfering with another persons use and
enjoyment of her property
[Abatementinjunction of nuisance]
Elements of Nuisance:
Intent to do the a
A. Appurtenant v. In Gross
AppurtenantDrive way easementbenefit is wrapped up in the parcel of property
In grossPower line easementpower line holds the benefit not a parcel
(1) Rule v. Reservations in 3rd Persons
(2) Non Express
Ks that are Voidable
Avoidance/Avoiding Contractual Obligations
One side wants to get out/Rescission/Not held in breach
(1) Mutual Mistake
Whats the mistake about?  A mistake is a belief that is not in
accord with t
Battery is the intentional infliction of harmful bodily contact upon
ESSENTIAL ELEMENTS of Battery
(1) One acts
o Voluntary muscle movement
(2) Intent to cause contact
o 1. Purpose to cause co
Definition of Consideration & Illusory Promise
A. Restatement 71
1. Requirement of Exchange; Types of Exchange
a. Bargained for exchange To constitute a consideration,
a performance or a return promise must be bargained
i. Have to hav
Torts Exam Notes
False imprisonment is a total restraint of the Ps freedom that is directly, and
intentionally or negligently, brought about by the voluntary and positive act of the D
without lawful justification
Negligence- to prove the charge of negligence the following elements must be established:
1. duty of care
2. breach of duty
3. the breach is the cause in fact of the injury
4. the breach is the proximate cause of the inj
TORTS MIDTERM PRACTICE EXAM
OCTOBER 9 2005
MODEL ANSWER & EXAM COMMENTS/COMMON ERRORS
This memo consists of two parts.
First, I sketch out the kind of answer that would be
ideal. This is NOT a model answer in the sense that I
A contract is a binding legal document and is enforceable by law and if properly executed can be upheld
through a court system. The nature of contracts is to enforce promises made by any given parties to an
agreement but not all promises made
TORTS I EXAM
This exam consists
of 2 parts and 6 pages.
the exam to make sure that you have all the pages.
This is a three hour examination.
MID-TERM EXAMINATION FOR TORTS FALL 2001
1) This examination has seven (7) pages, including this one. Count your pages and make sure
your exam is complete.
2) The exam consists of two sections.
a) Multiple choice: there a
FINAL EXAMINATION FOR TORTS FALL 2002
1) This examination has nine pages, including this one. Count your pages and make sure your
exam is complete.
2) The exam has four sections and a total point value of 400.
."," , .-EXAMINATION
FOR TORTS n
1) Your copy of this examination should have ten (10) pages,including this page. COUNT
YOUR PAGES NOW AND ALERT ME IF YOU ARE MISSING A PAGE.
2) There are three parts to the exam.
FINAL EXAMINATION FOR TORTS FALL 2001
1) This examination has ten (10) pages, including this one. Count your pages and make
sure your exam is complete.
2) The exam consists of three sections. The total points
'~ ).,."-. .
This is a three hour closed
in the exam.
There are three parts
to this exam.
ESSAY 1 (80 minutes)
Proust was hired by Dennis as a potato harvester. One of his duties required that he occasionally
unclog the potato harvester on which he worked. The harvesterwas manufactured by Spudco.
Spudco also manufactured
, ~. J
Pleaseread thefacts setforth below. Then,follow the instructions setforth on page
Sy Co ("SC") has been suffering from mental delusions, and has recently sought the
therapeutic counsel of Dr. Donbe Afreud ("DA")
Three independent sets of facts are set forth below. After reading each carefully,
please answer the question(s) that follow (in bold italics). Suggested time allotment
for each question is provided at the beginning of each questio