Deck 23: Additional Tort Defenses

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Question
Before force is used to recapture chattels, a request for the return of the chattel must be made unless making the request would be impractical or unsafe.
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Question
Judges and legislators have absolute official immunity for common law torts committed in the course of their employment.
Question
Reasonable force in self-defense can never include deadly force.
Question
Reasonable force in defense of property can never include deadly force unless the interference with the property threatens life or limb of others.
Question
The shopkeeper's privilege can be used by a merchant to detain a person for a reasonable period to investigate whether there has been a theft.
Question
Which of the following is not an element of consent ________?

A) The person manifests a willingness to let the conduct occur.
B) The person's willingness is voluntary.
C) The person knows the nature and consequences of the conduct.
D) The person lacks the capacity to consent.
Question
Paul sees Dan repeatedly enter Paul's land at least twice a week over a six-month period. The only time Dan knew that Paul objected was when Paul sued Dan for trespass to land.________.

A) There was a trespass to land because Dan did not have permission to enter Paul's land.
B) The action for trespass to land will fail because Paul's silence could reasonably be interpreted as consent to enter the land.
C) There was a trespass to land because Dan carelessly interpreted Paul's silence as consent.
Question
If you use the privilege of private necessity, you must compensate the owner of the property you used.
Question
In most states, when you use the privilege of defense of others, the person you hit must not have had a privilege to threaten the person you were trying to protect.
Question
Match between columns
protective steps independent of the legal system
constitutional tort
protective steps independent of the legal system
self-defense
protective steps independent of the legal system
defense of others
protective steps independent of the legal system
chattels
protective steps independent of the legal system
public necessity
protective steps independent of the legal system
just compensation
protective steps independent of the legal system
implied consent
protective steps independent of the legal system
sovereign immunity
protective steps independent of the legal system
ministerial
protective steps independent of the legal system
volenti non fit injuria
protective steps independent of the legal system
respondeat superior
protective steps independent of the legal system
charitable immunity
protective steps independent of the legal system
recapture of chattels
protective steps independent of the legal system
private necessity
protective steps independent of the legal system
coercion
protective steps independent of the legal system
shopkeeper's privilege
protective steps independent of the legal system
proprietary function
protective steps independent of the legal system
informed consent
protective steps independent of the legal system
official immunity
protective steps independent of the legal system
self-help
Question
All very intelligent children have the capacity to consent to a defendant's wrongful conduct.
Question
The federal government has not waived sovereign immunity under the Federal Tort Claims Act for negligence committed at the planning level.
Question
A defense is the response of a party to a claim of another party, setting forth the reason(s) the claim should not be granted.
Question
You can never use the defense of self-defense when you hit someone who was simply trying to help you.
Question
The main test for consent is subjective-whether the plaintiff actually agrees to the defendant's conduct.
Question
The same conduct of the defendant can constitute common law battery and a 1983 tort.
Question
Which of the following is not a self-help privilege ________?

A) self-defense
B) action for damages
C) defense of property
D) necessity
Question
Match between columns
no personal liability of government employees
constitutional tort
no personal liability of government employees
self-defense
no personal liability of government employees
defense of others
no personal liability of government employees
chattels
no personal liability of government employees
public necessity
no personal liability of government employees
just compensation
no personal liability of government employees
implied consent
no personal liability of government employees
sovereign immunity
no personal liability of government employees
ministerial
no personal liability of government employees
volenti non fit injuria
no personal liability of government employees
respondeat superior
no personal liability of government employees
charitable immunity
no personal liability of government employees
recapture of chattels
no personal liability of government employees
private necessity
no personal liability of government employees
coercion
no personal liability of government employees
shopkeeper's privilege
no personal liability of government employees
proprietary function
no personal liability of government employees
informed consent
no personal liability of government employees
official immunity
no personal liability of government employees
self-help
Question
For consent to be valid, the plaintiff must know what conduct is being consented to and its probable consequences.
Question
Match between columns
knowing and voluntary agreement
constitutional tort
knowing and voluntary agreement
self-defense
knowing and voluntary agreement
defense of others
knowing and voluntary agreement
chattels
knowing and voluntary agreement
public necessity
knowing and voluntary agreement
just compensation
knowing and voluntary agreement
implied consent
knowing and voluntary agreement
sovereign immunity
knowing and voluntary agreement
ministerial
knowing and voluntary agreement
volenti non fit injuria
knowing and voluntary agreement
respondeat superior
knowing and voluntary agreement
charitable immunity
knowing and voluntary agreement
recapture of chattels
knowing and voluntary agreement
private necessity
knowing and voluntary agreement
coercion
knowing and voluntary agreement
shopkeeper's privilege
knowing and voluntary agreement
proprietary function
knowing and voluntary agreement
informed consent
knowing and voluntary agreement
official immunity
knowing and voluntary agreement
self-help
Question
What is a self-help privilege?
Question
Match between columns
one that traditionally or principally has been performed by private enterprise
constitutional tort
one that traditionally or principally has been performed by private enterprise
self-defense
one that traditionally or principally has been performed by private enterprise
defense of others
one that traditionally or principally has been performed by private enterprise
chattels
one that traditionally or principally has been performed by private enterprise
public necessity
one that traditionally or principally has been performed by private enterprise
just compensation
one that traditionally or principally has been performed by private enterprise
implied consent
one that traditionally or principally has been performed by private enterprise
sovereign immunity
one that traditionally or principally has been performed by private enterprise
ministerial
one that traditionally or principally has been performed by private enterprise
volenti non fit injuria
one that traditionally or principally has been performed by private enterprise
respondeat superior
one that traditionally or principally has been performed by private enterprise
charitable immunity
one that traditionally or principally has been performed by private enterprise
recapture of chattels
one that traditionally or principally has been performed by private enterprise
private necessity
one that traditionally or principally has been performed by private enterprise
coercion
one that traditionally or principally has been performed by private enterprise
shopkeeper's privilege
one that traditionally or principally has been performed by private enterprise
proprietary function
one that traditionally or principally has been performed by private enterprise
informed consent
one that traditionally or principally has been performed by private enterprise
official immunity
one that traditionally or principally has been performed by private enterprise
self-help
Question
Match between columns
the right to detain temporarily to investigate possible theft
constitutional tort
the right to detain temporarily to investigate possible theft
self-defense
the right to detain temporarily to investigate possible theft
defense of others
the right to detain temporarily to investigate possible theft
chattels
the right to detain temporarily to investigate possible theft
public necessity
the right to detain temporarily to investigate possible theft
just compensation
the right to detain temporarily to investigate possible theft
implied consent
the right to detain temporarily to investigate possible theft
sovereign immunity
the right to detain temporarily to investigate possible theft
ministerial
the right to detain temporarily to investigate possible theft
volenti non fit injuria
the right to detain temporarily to investigate possible theft
respondeat superior
the right to detain temporarily to investigate possible theft
charitable immunity
the right to detain temporarily to investigate possible theft
recapture of chattels
the right to detain temporarily to investigate possible theft
private necessity
the right to detain temporarily to investigate possible theft
coercion
the right to detain temporarily to investigate possible theft
shopkeeper's privilege
the right to detain temporarily to investigate possible theft
proprietary function
the right to detain temporarily to investigate possible theft
informed consent
the right to detain temporarily to investigate possible theft
official immunity
the right to detain temporarily to investigate possible theft
self-help
Question
Match between columns
pressure that overcomes free will
constitutional tort
pressure that overcomes free will
self-defense
pressure that overcomes free will
defense of others
pressure that overcomes free will
chattels
pressure that overcomes free will
public necessity
pressure that overcomes free will
just compensation
pressure that overcomes free will
implied consent
pressure that overcomes free will
sovereign immunity
pressure that overcomes free will
ministerial
pressure that overcomes free will
volenti non fit injuria
pressure that overcomes free will
respondeat superior
pressure that overcomes free will
charitable immunity
pressure that overcomes free will
recapture of chattels
pressure that overcomes free will
private necessity
pressure that overcomes free will
coercion
pressure that overcomes free will
shopkeeper's privilege
pressure that overcomes free will
proprietary function
pressure that overcomes free will
informed consent
pressure that overcomes free will
official immunity
pressure that overcomes free will
self-help
Question
Match between columns
reasonable use of another's property to protect your own
constitutional tort
reasonable use of another's property to protect your own
self-defense
reasonable use of another's property to protect your own
defense of others
reasonable use of another's property to protect your own
chattels
reasonable use of another's property to protect your own
public necessity
reasonable use of another's property to protect your own
just compensation
reasonable use of another's property to protect your own
implied consent
reasonable use of another's property to protect your own
sovereign immunity
reasonable use of another's property to protect your own
ministerial
reasonable use of another's property to protect your own
volenti non fit injuria
reasonable use of another's property to protect your own
respondeat superior
reasonable use of another's property to protect your own
charitable immunity
reasonable use of another's property to protect your own
recapture of chattels
reasonable use of another's property to protect your own
private necessity
reasonable use of another's property to protect your own
coercion
reasonable use of another's property to protect your own
shopkeeper's privilege
reasonable use of another's property to protect your own
proprietary function
reasonable use of another's property to protect your own
informed consent
reasonable use of another's property to protect your own
official immunity
reasonable use of another's property to protect your own
self-help
Question
Match between columns
reasonable force to secure return of personal property
constitutional tort
reasonable force to secure return of personal property
self-defense
reasonable force to secure return of personal property
defense of others
reasonable force to secure return of personal property
chattels
reasonable force to secure return of personal property
public necessity
reasonable force to secure return of personal property
just compensation
reasonable force to secure return of personal property
implied consent
reasonable force to secure return of personal property
sovereign immunity
reasonable force to secure return of personal property
ministerial
reasonable force to secure return of personal property
volenti non fit injuria
reasonable force to secure return of personal property
respondeat superior
reasonable force to secure return of personal property
charitable immunity
reasonable force to secure return of personal property
recapture of chattels
reasonable force to secure return of personal property
private necessity
reasonable force to secure return of personal property
coercion
reasonable force to secure return of personal property
shopkeeper's privilege
reasonable force to secure return of personal property
proprietary function
reasonable force to secure return of personal property
informed consent
reasonable force to secure return of personal property
official immunity
reasonable force to secure return of personal property
self-help
Question
Match between columns
a tort action cannot be brought against an educational or religious organization
constitutional tort
a tort action cannot be brought against an educational or religious organization
self-defense
a tort action cannot be brought against an educational or religious organization
defense of others
a tort action cannot be brought against an educational or religious organization
chattels
a tort action cannot be brought against an educational or religious organization
public necessity
a tort action cannot be brought against an educational or religious organization
just compensation
a tort action cannot be brought against an educational or religious organization
implied consent
a tort action cannot be brought against an educational or religious organization
sovereign immunity
a tort action cannot be brought against an educational or religious organization
ministerial
a tort action cannot be brought against an educational or religious organization
volenti non fit injuria
a tort action cannot be brought against an educational or religious organization
respondeat superior
a tort action cannot be brought against an educational or religious organization
charitable immunity
a tort action cannot be brought against an educational or religious organization
recapture of chattels
a tort action cannot be brought against an educational or religious organization
private necessity
a tort action cannot be brought against an educational or religious organization
coercion
a tort action cannot be brought against an educational or religious organization
shopkeeper's privilege
a tort action cannot be brought against an educational or religious organization
proprietary function
a tort action cannot be brought against an educational or religious organization
informed consent
a tort action cannot be brought against an educational or religious organization
official immunity
a tort action cannot be brought against an educational or religious organization
self-help
Question
Distinguish between a privilege and an immunity.
Question
Match between columns
the employer is liable for the torts of the employee
constitutional tort
the employer is liable for the torts of the employee
self-defense
the employer is liable for the torts of the employee
defense of others
the employer is liable for the torts of the employee
chattels
the employer is liable for the torts of the employee
public necessity
the employer is liable for the torts of the employee
just compensation
the employer is liable for the torts of the employee
implied consent
the employer is liable for the torts of the employee
sovereign immunity
the employer is liable for the torts of the employee
ministerial
the employer is liable for the torts of the employee
volenti non fit injuria
the employer is liable for the torts of the employee
respondeat superior
the employer is liable for the torts of the employee
charitable immunity
the employer is liable for the torts of the employee
recapture of chattels
the employer is liable for the torts of the employee
private necessity
the employer is liable for the torts of the employee
coercion
the employer is liable for the torts of the employee
shopkeeper's privilege
the employer is liable for the torts of the employee
proprietary function
the employer is liable for the torts of the employee
informed consent
the employer is liable for the torts of the employee
official immunity
the employer is liable for the torts of the employee
self-help
Question
Match between columns
no wrong committed because of consent
constitutional tort
no wrong committed because of consent
self-defense
no wrong committed because of consent
defense of others
no wrong committed because of consent
chattels
no wrong committed because of consent
public necessity
no wrong committed because of consent
just compensation
no wrong committed because of consent
implied consent
no wrong committed because of consent
sovereign immunity
no wrong committed because of consent
ministerial
no wrong committed because of consent
volenti non fit injuria
no wrong committed because of consent
respondeat superior
no wrong committed because of consent
charitable immunity
no wrong committed because of consent
recapture of chattels
no wrong committed because of consent
private necessity
no wrong committed because of consent
coercion
no wrong committed because of consent
shopkeeper's privilege
no wrong committed because of consent
proprietary function
no wrong committed because of consent
informed consent
no wrong committed because of consent
official immunity
no wrong committed because of consent
self-help
Question
Match between columns
not involving discretion
constitutional tort
not involving discretion
self-defense
not involving discretion
defense of others
not involving discretion
chattels
not involving discretion
public necessity
not involving discretion
just compensation
not involving discretion
implied consent
not involving discretion
sovereign immunity
not involving discretion
ministerial
not involving discretion
volenti non fit injuria
not involving discretion
respondeat superior
not involving discretion
charitable immunity
not involving discretion
recapture of chattels
not involving discretion
private necessity
not involving discretion
coercion
not involving discretion
shopkeeper's privilege
not involving discretion
proprietary function
not involving discretion
informed consent
not involving discretion
official immunity
not involving discretion
self-help
Question
How will a court decide if the plaintiff has manifested a willingness to accept the defendant's conduct?
Question
Match between columns
the government cannot be sued without its consent
constitutional tort
the government cannot be sued without its consent
self-defense
the government cannot be sued without its consent
defense of others
the government cannot be sued without its consent
chattels
the government cannot be sued without its consent
public necessity
the government cannot be sued without its consent
just compensation
the government cannot be sued without its consent
implied consent
the government cannot be sued without its consent
sovereign immunity
the government cannot be sued without its consent
ministerial
the government cannot be sued without its consent
volenti non fit injuria
the government cannot be sued without its consent
respondeat superior
the government cannot be sued without its consent
charitable immunity
the government cannot be sued without its consent
recapture of chattels
the government cannot be sued without its consent
private necessity
the government cannot be sued without its consent
coercion
the government cannot be sued without its consent
shopkeeper's privilege
the government cannot be sued without its consent
proprietary function
the government cannot be sued without its consent
informed consent
the government cannot be sued without its consent
official immunity
the government cannot be sued without its consent
self-help
Question
Match between columns
conduct that indicates a willingness
constitutional tort
conduct that indicates a willingness
self-defense
conduct that indicates a willingness
defense of others
conduct that indicates a willingness
chattels
conduct that indicates a willingness
public necessity
conduct that indicates a willingness
just compensation
conduct that indicates a willingness
implied consent
conduct that indicates a willingness
sovereign immunity
conduct that indicates a willingness
ministerial
conduct that indicates a willingness
volenti non fit injuria
conduct that indicates a willingness
respondeat superior
conduct that indicates a willingness
charitable immunity
conduct that indicates a willingness
recapture of chattels
conduct that indicates a willingness
private necessity
conduct that indicates a willingness
coercion
conduct that indicates a willingness
shopkeeper's privilege
conduct that indicates a willingness
proprietary function
conduct that indicates a willingness
informed consent
conduct that indicates a willingness
official immunity
conduct that indicates a willingness
self-help
Question
Match between columns
payment for the taking of property by the government
constitutional tort
payment for the taking of property by the government
self-defense
payment for the taking of property by the government
defense of others
payment for the taking of property by the government
chattels
payment for the taking of property by the government
public necessity
payment for the taking of property by the government
just compensation
payment for the taking of property by the government
implied consent
payment for the taking of property by the government
sovereign immunity
payment for the taking of property by the government
ministerial
payment for the taking of property by the government
volenti non fit injuria
payment for the taking of property by the government
respondeat superior
payment for the taking of property by the government
charitable immunity
payment for the taking of property by the government
recapture of chattels
payment for the taking of property by the government
private necessity
payment for the taking of property by the government
coercion
payment for the taking of property by the government
shopkeeper's privilege
payment for the taking of property by the government
proprietary function
payment for the taking of property by the government
informed consent
payment for the taking of property by the government
official immunity
payment for the taking of property by the government
self-help
Question
Match between columns
reasonable use of another's property to prevent harm or damage to the public
constitutional tort
reasonable use of another's property to prevent harm or damage to the public
self-defense
reasonable use of another's property to prevent harm or damage to the public
defense of others
reasonable use of another's property to prevent harm or damage to the public
chattels
reasonable use of another's property to prevent harm or damage to the public
public necessity
reasonable use of another's property to prevent harm or damage to the public
just compensation
reasonable use of another's property to prevent harm or damage to the public
implied consent
reasonable use of another's property to prevent harm or damage to the public
sovereign immunity
reasonable use of another's property to prevent harm or damage to the public
ministerial
reasonable use of another's property to prevent harm or damage to the public
volenti non fit injuria
reasonable use of another's property to prevent harm or damage to the public
respondeat superior
reasonable use of another's property to prevent harm or damage to the public
charitable immunity
reasonable use of another's property to prevent harm or damage to the public
recapture of chattels
reasonable use of another's property to prevent harm or damage to the public
private necessity
reasonable use of another's property to prevent harm or damage to the public
coercion
reasonable use of another's property to prevent harm or damage to the public
shopkeeper's privilege
reasonable use of another's property to prevent harm or damage to the public
proprietary function
reasonable use of another's property to prevent harm or damage to the public
informed consent
reasonable use of another's property to prevent harm or damage to the public
official immunity
reasonable use of another's property to prevent harm or damage to the public
self-help
Question
Match between columns
personal property
constitutional tort
personal property
self-defense
personal property
defense of others
personal property
chattels
personal property
public necessity
personal property
just compensation
personal property
implied consent
personal property
sovereign immunity
personal property
ministerial
personal property
volenti non fit injuria
personal property
respondeat superior
personal property
charitable immunity
personal property
recapture of chattels
personal property
private necessity
personal property
coercion
personal property
shopkeeper's privilege
personal property
proprietary function
personal property
informed consent
personal property
official immunity
personal property
self-help
Question
Match between columns
reasonable steps to protect third persons
constitutional tort
reasonable steps to protect third persons
self-defense
reasonable steps to protect third persons
defense of others
reasonable steps to protect third persons
chattels
reasonable steps to protect third persons
public necessity
reasonable steps to protect third persons
just compensation
reasonable steps to protect third persons
implied consent
reasonable steps to protect third persons
sovereign immunity
reasonable steps to protect third persons
ministerial
reasonable steps to protect third persons
volenti non fit injuria
reasonable steps to protect third persons
respondeat superior
reasonable steps to protect third persons
charitable immunity
reasonable steps to protect third persons
recapture of chattels
reasonable steps to protect third persons
private necessity
reasonable steps to protect third persons
coercion
reasonable steps to protect third persons
shopkeeper's privilege
reasonable steps to protect third persons
proprietary function
reasonable steps to protect third persons
informed consent
reasonable steps to protect third persons
official immunity
reasonable steps to protect third persons
self-help
Question
Match between columns
reasonable force to protect oneself
constitutional tort
reasonable force to protect oneself
self-defense
reasonable force to protect oneself
defense of others
reasonable force to protect oneself
chattels
reasonable force to protect oneself
public necessity
reasonable force to protect oneself
just compensation
reasonable force to protect oneself
implied consent
reasonable force to protect oneself
sovereign immunity
reasonable force to protect oneself
ministerial
reasonable force to protect oneself
volenti non fit injuria
reasonable force to protect oneself
respondeat superior
reasonable force to protect oneself
charitable immunity
reasonable force to protect oneself
recapture of chattels
reasonable force to protect oneself
private necessity
reasonable force to protect oneself
coercion
reasonable force to protect oneself
shopkeeper's privilege
reasonable force to protect oneself
proprietary function
reasonable force to protect oneself
informed consent
reasonable force to protect oneself
official immunity
reasonable force to protect oneself
self-help
Question
What is official immunity?
Question
What is the defense of self-defense, and when can you use it?
Question
What is the defense of defense of others, and when can you use it?
Question
What is the defense of property, and when can you use it?
Question
Give some examples of torts for which the federal government has waived sovereign immunity under the Federal Tort Claims Act.
Question
Distinguish between private and public necessity.
Question
What is the defense of recapture of chattels, and when can you use it?
Question
Name any six of the nine main self-help privileges.
Question
What is a constitutional tort?
Question
Distinguish between proprietary and governmental functions.
Question
Match between columns
a 1983 action
constitutional tort
a 1983 action
self-defense
a 1983 action
defense of others
a 1983 action
chattels
a 1983 action
public necessity
a 1983 action
just compensation
a 1983 action
implied consent
a 1983 action
sovereign immunity
a 1983 action
ministerial
a 1983 action
volenti non fit injuria
a 1983 action
respondeat superior
a 1983 action
charitable immunity
a 1983 action
recapture of chattels
a 1983 action
private necessity
a 1983 action
coercion
a 1983 action
shopkeeper's privilege
a 1983 action
proprietary function
a 1983 action
informed consent
a 1983 action
official immunity
a 1983 action
self-help
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Deck 23: Additional Tort Defenses
1
Before force is used to recapture chattels, a request for the return of the chattel must be made unless making the request would be impractical or unsafe.
True
2
Judges and legislators have absolute official immunity for common law torts committed in the course of their employment.
True
3
Reasonable force in self-defense can never include deadly force.
False
4
Reasonable force in defense of property can never include deadly force unless the interference with the property threatens life or limb of others.
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5
The shopkeeper's privilege can be used by a merchant to detain a person for a reasonable period to investigate whether there has been a theft.
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6
Which of the following is not an element of consent ________?

A) The person manifests a willingness to let the conduct occur.
B) The person's willingness is voluntary.
C) The person knows the nature and consequences of the conduct.
D) The person lacks the capacity to consent.
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7
Paul sees Dan repeatedly enter Paul's land at least twice a week over a six-month period. The only time Dan knew that Paul objected was when Paul sued Dan for trespass to land.________.

A) There was a trespass to land because Dan did not have permission to enter Paul's land.
B) The action for trespass to land will fail because Paul's silence could reasonably be interpreted as consent to enter the land.
C) There was a trespass to land because Dan carelessly interpreted Paul's silence as consent.
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8
If you use the privilege of private necessity, you must compensate the owner of the property you used.
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9
In most states, when you use the privilege of defense of others, the person you hit must not have had a privilege to threaten the person you were trying to protect.
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10
Match between columns
protective steps independent of the legal system
constitutional tort
protective steps independent of the legal system
self-defense
protective steps independent of the legal system
defense of others
protective steps independent of the legal system
chattels
protective steps independent of the legal system
public necessity
protective steps independent of the legal system
just compensation
protective steps independent of the legal system
implied consent
protective steps independent of the legal system
sovereign immunity
protective steps independent of the legal system
ministerial
protective steps independent of the legal system
volenti non fit injuria
protective steps independent of the legal system
respondeat superior
protective steps independent of the legal system
charitable immunity
protective steps independent of the legal system
recapture of chattels
protective steps independent of the legal system
private necessity
protective steps independent of the legal system
coercion
protective steps independent of the legal system
shopkeeper's privilege
protective steps independent of the legal system
proprietary function
protective steps independent of the legal system
informed consent
protective steps independent of the legal system
official immunity
protective steps independent of the legal system
self-help
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11
All very intelligent children have the capacity to consent to a defendant's wrongful conduct.
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12
The federal government has not waived sovereign immunity under the Federal Tort Claims Act for negligence committed at the planning level.
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13
A defense is the response of a party to a claim of another party, setting forth the reason(s) the claim should not be granted.
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14
You can never use the defense of self-defense when you hit someone who was simply trying to help you.
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15
The main test for consent is subjective-whether the plaintiff actually agrees to the defendant's conduct.
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16
The same conduct of the defendant can constitute common law battery and a 1983 tort.
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17
Which of the following is not a self-help privilege ________?

A) self-defense
B) action for damages
C) defense of property
D) necessity
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18
Match between columns
no personal liability of government employees
constitutional tort
no personal liability of government employees
self-defense
no personal liability of government employees
defense of others
no personal liability of government employees
chattels
no personal liability of government employees
public necessity
no personal liability of government employees
just compensation
no personal liability of government employees
implied consent
no personal liability of government employees
sovereign immunity
no personal liability of government employees
ministerial
no personal liability of government employees
volenti non fit injuria
no personal liability of government employees
respondeat superior
no personal liability of government employees
charitable immunity
no personal liability of government employees
recapture of chattels
no personal liability of government employees
private necessity
no personal liability of government employees
coercion
no personal liability of government employees
shopkeeper's privilege
no personal liability of government employees
proprietary function
no personal liability of government employees
informed consent
no personal liability of government employees
official immunity
no personal liability of government employees
self-help
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19
For consent to be valid, the plaintiff must know what conduct is being consented to and its probable consequences.
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20
Match between columns
knowing and voluntary agreement
constitutional tort
knowing and voluntary agreement
self-defense
knowing and voluntary agreement
defense of others
knowing and voluntary agreement
chattels
knowing and voluntary agreement
public necessity
knowing and voluntary agreement
just compensation
knowing and voluntary agreement
implied consent
knowing and voluntary agreement
sovereign immunity
knowing and voluntary agreement
ministerial
knowing and voluntary agreement
volenti non fit injuria
knowing and voluntary agreement
respondeat superior
knowing and voluntary agreement
charitable immunity
knowing and voluntary agreement
recapture of chattels
knowing and voluntary agreement
private necessity
knowing and voluntary agreement
coercion
knowing and voluntary agreement
shopkeeper's privilege
knowing and voluntary agreement
proprietary function
knowing and voluntary agreement
informed consent
knowing and voluntary agreement
official immunity
knowing and voluntary agreement
self-help
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21
What is a self-help privilege?
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22
Match between columns
one that traditionally or principally has been performed by private enterprise
constitutional tort
one that traditionally or principally has been performed by private enterprise
self-defense
one that traditionally or principally has been performed by private enterprise
defense of others
one that traditionally or principally has been performed by private enterprise
chattels
one that traditionally or principally has been performed by private enterprise
public necessity
one that traditionally or principally has been performed by private enterprise
just compensation
one that traditionally or principally has been performed by private enterprise
implied consent
one that traditionally or principally has been performed by private enterprise
sovereign immunity
one that traditionally or principally has been performed by private enterprise
ministerial
one that traditionally or principally has been performed by private enterprise
volenti non fit injuria
one that traditionally or principally has been performed by private enterprise
respondeat superior
one that traditionally or principally has been performed by private enterprise
charitable immunity
one that traditionally or principally has been performed by private enterprise
recapture of chattels
one that traditionally or principally has been performed by private enterprise
private necessity
one that traditionally or principally has been performed by private enterprise
coercion
one that traditionally or principally has been performed by private enterprise
shopkeeper's privilege
one that traditionally or principally has been performed by private enterprise
proprietary function
one that traditionally or principally has been performed by private enterprise
informed consent
one that traditionally or principally has been performed by private enterprise
official immunity
one that traditionally or principally has been performed by private enterprise
self-help
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23
Match between columns
the right to detain temporarily to investigate possible theft
constitutional tort
the right to detain temporarily to investigate possible theft
self-defense
the right to detain temporarily to investigate possible theft
defense of others
the right to detain temporarily to investigate possible theft
chattels
the right to detain temporarily to investigate possible theft
public necessity
the right to detain temporarily to investigate possible theft
just compensation
the right to detain temporarily to investigate possible theft
implied consent
the right to detain temporarily to investigate possible theft
sovereign immunity
the right to detain temporarily to investigate possible theft
ministerial
the right to detain temporarily to investigate possible theft
volenti non fit injuria
the right to detain temporarily to investigate possible theft
respondeat superior
the right to detain temporarily to investigate possible theft
charitable immunity
the right to detain temporarily to investigate possible theft
recapture of chattels
the right to detain temporarily to investigate possible theft
private necessity
the right to detain temporarily to investigate possible theft
coercion
the right to detain temporarily to investigate possible theft
shopkeeper's privilege
the right to detain temporarily to investigate possible theft
proprietary function
the right to detain temporarily to investigate possible theft
informed consent
the right to detain temporarily to investigate possible theft
official immunity
the right to detain temporarily to investigate possible theft
self-help
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24
Match between columns
pressure that overcomes free will
constitutional tort
pressure that overcomes free will
self-defense
pressure that overcomes free will
defense of others
pressure that overcomes free will
chattels
pressure that overcomes free will
public necessity
pressure that overcomes free will
just compensation
pressure that overcomes free will
implied consent
pressure that overcomes free will
sovereign immunity
pressure that overcomes free will
ministerial
pressure that overcomes free will
volenti non fit injuria
pressure that overcomes free will
respondeat superior
pressure that overcomes free will
charitable immunity
pressure that overcomes free will
recapture of chattels
pressure that overcomes free will
private necessity
pressure that overcomes free will
coercion
pressure that overcomes free will
shopkeeper's privilege
pressure that overcomes free will
proprietary function
pressure that overcomes free will
informed consent
pressure that overcomes free will
official immunity
pressure that overcomes free will
self-help
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25
Match between columns
reasonable use of another's property to protect your own
constitutional tort
reasonable use of another's property to protect your own
self-defense
reasonable use of another's property to protect your own
defense of others
reasonable use of another's property to protect your own
chattels
reasonable use of another's property to protect your own
public necessity
reasonable use of another's property to protect your own
just compensation
reasonable use of another's property to protect your own
implied consent
reasonable use of another's property to protect your own
sovereign immunity
reasonable use of another's property to protect your own
ministerial
reasonable use of another's property to protect your own
volenti non fit injuria
reasonable use of another's property to protect your own
respondeat superior
reasonable use of another's property to protect your own
charitable immunity
reasonable use of another's property to protect your own
recapture of chattels
reasonable use of another's property to protect your own
private necessity
reasonable use of another's property to protect your own
coercion
reasonable use of another's property to protect your own
shopkeeper's privilege
reasonable use of another's property to protect your own
proprietary function
reasonable use of another's property to protect your own
informed consent
reasonable use of another's property to protect your own
official immunity
reasonable use of another's property to protect your own
self-help
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26
Match between columns
reasonable force to secure return of personal property
constitutional tort
reasonable force to secure return of personal property
self-defense
reasonable force to secure return of personal property
defense of others
reasonable force to secure return of personal property
chattels
reasonable force to secure return of personal property
public necessity
reasonable force to secure return of personal property
just compensation
reasonable force to secure return of personal property
implied consent
reasonable force to secure return of personal property
sovereign immunity
reasonable force to secure return of personal property
ministerial
reasonable force to secure return of personal property
volenti non fit injuria
reasonable force to secure return of personal property
respondeat superior
reasonable force to secure return of personal property
charitable immunity
reasonable force to secure return of personal property
recapture of chattels
reasonable force to secure return of personal property
private necessity
reasonable force to secure return of personal property
coercion
reasonable force to secure return of personal property
shopkeeper's privilege
reasonable force to secure return of personal property
proprietary function
reasonable force to secure return of personal property
informed consent
reasonable force to secure return of personal property
official immunity
reasonable force to secure return of personal property
self-help
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27
Match between columns
a tort action cannot be brought against an educational or religious organization
constitutional tort
a tort action cannot be brought against an educational or religious organization
self-defense
a tort action cannot be brought against an educational or religious organization
defense of others
a tort action cannot be brought against an educational or religious organization
chattels
a tort action cannot be brought against an educational or religious organization
public necessity
a tort action cannot be brought against an educational or religious organization
just compensation
a tort action cannot be brought against an educational or religious organization
implied consent
a tort action cannot be brought against an educational or religious organization
sovereign immunity
a tort action cannot be brought against an educational or religious organization
ministerial
a tort action cannot be brought against an educational or religious organization
volenti non fit injuria
a tort action cannot be brought against an educational or religious organization
respondeat superior
a tort action cannot be brought against an educational or religious organization
charitable immunity
a tort action cannot be brought against an educational or religious organization
recapture of chattels
a tort action cannot be brought against an educational or religious organization
private necessity
a tort action cannot be brought against an educational or religious organization
coercion
a tort action cannot be brought against an educational or religious organization
shopkeeper's privilege
a tort action cannot be brought against an educational or religious organization
proprietary function
a tort action cannot be brought against an educational or religious organization
informed consent
a tort action cannot be brought against an educational or religious organization
official immunity
a tort action cannot be brought against an educational or religious organization
self-help
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28
Distinguish between a privilege and an immunity.
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29
Match between columns
the employer is liable for the torts of the employee
constitutional tort
the employer is liable for the torts of the employee
self-defense
the employer is liable for the torts of the employee
defense of others
the employer is liable for the torts of the employee
chattels
the employer is liable for the torts of the employee
public necessity
the employer is liable for the torts of the employee
just compensation
the employer is liable for the torts of the employee
implied consent
the employer is liable for the torts of the employee
sovereign immunity
the employer is liable for the torts of the employee
ministerial
the employer is liable for the torts of the employee
volenti non fit injuria
the employer is liable for the torts of the employee
respondeat superior
the employer is liable for the torts of the employee
charitable immunity
the employer is liable for the torts of the employee
recapture of chattels
the employer is liable for the torts of the employee
private necessity
the employer is liable for the torts of the employee
coercion
the employer is liable for the torts of the employee
shopkeeper's privilege
the employer is liable for the torts of the employee
proprietary function
the employer is liable for the torts of the employee
informed consent
the employer is liable for the torts of the employee
official immunity
the employer is liable for the torts of the employee
self-help
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30
Match between columns
no wrong committed because of consent
constitutional tort
no wrong committed because of consent
self-defense
no wrong committed because of consent
defense of others
no wrong committed because of consent
chattels
no wrong committed because of consent
public necessity
no wrong committed because of consent
just compensation
no wrong committed because of consent
implied consent
no wrong committed because of consent
sovereign immunity
no wrong committed because of consent
ministerial
no wrong committed because of consent
volenti non fit injuria
no wrong committed because of consent
respondeat superior
no wrong committed because of consent
charitable immunity
no wrong committed because of consent
recapture of chattels
no wrong committed because of consent
private necessity
no wrong committed because of consent
coercion
no wrong committed because of consent
shopkeeper's privilege
no wrong committed because of consent
proprietary function
no wrong committed because of consent
informed consent
no wrong committed because of consent
official immunity
no wrong committed because of consent
self-help
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31
Match between columns
not involving discretion
constitutional tort
not involving discretion
self-defense
not involving discretion
defense of others
not involving discretion
chattels
not involving discretion
public necessity
not involving discretion
just compensation
not involving discretion
implied consent
not involving discretion
sovereign immunity
not involving discretion
ministerial
not involving discretion
volenti non fit injuria
not involving discretion
respondeat superior
not involving discretion
charitable immunity
not involving discretion
recapture of chattels
not involving discretion
private necessity
not involving discretion
coercion
not involving discretion
shopkeeper's privilege
not involving discretion
proprietary function
not involving discretion
informed consent
not involving discretion
official immunity
not involving discretion
self-help
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32
How will a court decide if the plaintiff has manifested a willingness to accept the defendant's conduct?
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33
Match between columns
the government cannot be sued without its consent
constitutional tort
the government cannot be sued without its consent
self-defense
the government cannot be sued without its consent
defense of others
the government cannot be sued without its consent
chattels
the government cannot be sued without its consent
public necessity
the government cannot be sued without its consent
just compensation
the government cannot be sued without its consent
implied consent
the government cannot be sued without its consent
sovereign immunity
the government cannot be sued without its consent
ministerial
the government cannot be sued without its consent
volenti non fit injuria
the government cannot be sued without its consent
respondeat superior
the government cannot be sued without its consent
charitable immunity
the government cannot be sued without its consent
recapture of chattels
the government cannot be sued without its consent
private necessity
the government cannot be sued without its consent
coercion
the government cannot be sued without its consent
shopkeeper's privilege
the government cannot be sued without its consent
proprietary function
the government cannot be sued without its consent
informed consent
the government cannot be sued without its consent
official immunity
the government cannot be sued without its consent
self-help
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34
Match between columns
conduct that indicates a willingness
constitutional tort
conduct that indicates a willingness
self-defense
conduct that indicates a willingness
defense of others
conduct that indicates a willingness
chattels
conduct that indicates a willingness
public necessity
conduct that indicates a willingness
just compensation
conduct that indicates a willingness
implied consent
conduct that indicates a willingness
sovereign immunity
conduct that indicates a willingness
ministerial
conduct that indicates a willingness
volenti non fit injuria
conduct that indicates a willingness
respondeat superior
conduct that indicates a willingness
charitable immunity
conduct that indicates a willingness
recapture of chattels
conduct that indicates a willingness
private necessity
conduct that indicates a willingness
coercion
conduct that indicates a willingness
shopkeeper's privilege
conduct that indicates a willingness
proprietary function
conduct that indicates a willingness
informed consent
conduct that indicates a willingness
official immunity
conduct that indicates a willingness
self-help
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35
Match between columns
payment for the taking of property by the government
constitutional tort
payment for the taking of property by the government
self-defense
payment for the taking of property by the government
defense of others
payment for the taking of property by the government
chattels
payment for the taking of property by the government
public necessity
payment for the taking of property by the government
just compensation
payment for the taking of property by the government
implied consent
payment for the taking of property by the government
sovereign immunity
payment for the taking of property by the government
ministerial
payment for the taking of property by the government
volenti non fit injuria
payment for the taking of property by the government
respondeat superior
payment for the taking of property by the government
charitable immunity
payment for the taking of property by the government
recapture of chattels
payment for the taking of property by the government
private necessity
payment for the taking of property by the government
coercion
payment for the taking of property by the government
shopkeeper's privilege
payment for the taking of property by the government
proprietary function
payment for the taking of property by the government
informed consent
payment for the taking of property by the government
official immunity
payment for the taking of property by the government
self-help
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36
Match between columns
reasonable use of another's property to prevent harm or damage to the public
constitutional tort
reasonable use of another's property to prevent harm or damage to the public
self-defense
reasonable use of another's property to prevent harm or damage to the public
defense of others
reasonable use of another's property to prevent harm or damage to the public
chattels
reasonable use of another's property to prevent harm or damage to the public
public necessity
reasonable use of another's property to prevent harm or damage to the public
just compensation
reasonable use of another's property to prevent harm or damage to the public
implied consent
reasonable use of another's property to prevent harm or damage to the public
sovereign immunity
reasonable use of another's property to prevent harm or damage to the public
ministerial
reasonable use of another's property to prevent harm or damage to the public
volenti non fit injuria
reasonable use of another's property to prevent harm or damage to the public
respondeat superior
reasonable use of another's property to prevent harm or damage to the public
charitable immunity
reasonable use of another's property to prevent harm or damage to the public
recapture of chattels
reasonable use of another's property to prevent harm or damage to the public
private necessity
reasonable use of another's property to prevent harm or damage to the public
coercion
reasonable use of another's property to prevent harm or damage to the public
shopkeeper's privilege
reasonable use of another's property to prevent harm or damage to the public
proprietary function
reasonable use of another's property to prevent harm or damage to the public
informed consent
reasonable use of another's property to prevent harm or damage to the public
official immunity
reasonable use of another's property to prevent harm or damage to the public
self-help
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37
Match between columns
personal property
constitutional tort
personal property
self-defense
personal property
defense of others
personal property
chattels
personal property
public necessity
personal property
just compensation
personal property
implied consent
personal property
sovereign immunity
personal property
ministerial
personal property
volenti non fit injuria
personal property
respondeat superior
personal property
charitable immunity
personal property
recapture of chattels
personal property
private necessity
personal property
coercion
personal property
shopkeeper's privilege
personal property
proprietary function
personal property
informed consent
personal property
official immunity
personal property
self-help
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38
Match between columns
reasonable steps to protect third persons
constitutional tort
reasonable steps to protect third persons
self-defense
reasonable steps to protect third persons
defense of others
reasonable steps to protect third persons
chattels
reasonable steps to protect third persons
public necessity
reasonable steps to protect third persons
just compensation
reasonable steps to protect third persons
implied consent
reasonable steps to protect third persons
sovereign immunity
reasonable steps to protect third persons
ministerial
reasonable steps to protect third persons
volenti non fit injuria
reasonable steps to protect third persons
respondeat superior
reasonable steps to protect third persons
charitable immunity
reasonable steps to protect third persons
recapture of chattels
reasonable steps to protect third persons
private necessity
reasonable steps to protect third persons
coercion
reasonable steps to protect third persons
shopkeeper's privilege
reasonable steps to protect third persons
proprietary function
reasonable steps to protect third persons
informed consent
reasonable steps to protect third persons
official immunity
reasonable steps to protect third persons
self-help
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39
Match between columns
reasonable force to protect oneself
constitutional tort
reasonable force to protect oneself
self-defense
reasonable force to protect oneself
defense of others
reasonable force to protect oneself
chattels
reasonable force to protect oneself
public necessity
reasonable force to protect oneself
just compensation
reasonable force to protect oneself
implied consent
reasonable force to protect oneself
sovereign immunity
reasonable force to protect oneself
ministerial
reasonable force to protect oneself
volenti non fit injuria
reasonable force to protect oneself
respondeat superior
reasonable force to protect oneself
charitable immunity
reasonable force to protect oneself
recapture of chattels
reasonable force to protect oneself
private necessity
reasonable force to protect oneself
coercion
reasonable force to protect oneself
shopkeeper's privilege
reasonable force to protect oneself
proprietary function
reasonable force to protect oneself
informed consent
reasonable force to protect oneself
official immunity
reasonable force to protect oneself
self-help
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40
What is official immunity?
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41
What is the defense of self-defense, and when can you use it?
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42
What is the defense of defense of others, and when can you use it?
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43
What is the defense of property, and when can you use it?
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44
Give some examples of torts for which the federal government has waived sovereign immunity under the Federal Tort Claims Act.
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45
Distinguish between private and public necessity.
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46
What is the defense of recapture of chattels, and when can you use it?
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47
Name any six of the nine main self-help privileges.
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48
What is a constitutional tort?
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49
Distinguish between proprietary and governmental functions.
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50
Match between columns
a 1983 action
constitutional tort
a 1983 action
self-defense
a 1983 action
defense of others
a 1983 action
chattels
a 1983 action
public necessity
a 1983 action
just compensation
a 1983 action
implied consent
a 1983 action
sovereign immunity
a 1983 action
ministerial
a 1983 action
volenti non fit injuria
a 1983 action
respondeat superior
a 1983 action
charitable immunity
a 1983 action
recapture of chattels
a 1983 action
private necessity
a 1983 action
coercion
a 1983 action
shopkeeper's privilege
a 1983 action
proprietary function
a 1983 action
informed consent
a 1983 action
official immunity
a 1983 action
self-help
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