1. Battery
1.1. Elements
1.1.1. Volitional Act
1.1.1.1. Committed of Defendant's Own Free Will
1.1.2. Intent to Cause a Harmful of Offensive Contact
1.1.2.1. Intent
1.1.2.1.1. To purposefully or know with substantial certainty a given outcome will occur
1.1.2.2. Harmful or Offensive Contact
1.1.2.2.1. Contact is the unwanted touching of the plaintiff by the defendant.
1.1.2.2.2. May be direct or indirect
1.2. Consequence
1.2.1. Harmful or Offensive contact of the Plaintiff
2. Assault
2.1. Elements
2.1.1. Intent to Cause apprehension of an imminent Harmful of Offensive Contact (Battery)
2.1.1.1. Intent
2.1.1.1.1. To purposefully or know with substantial certainty a given outcome will occur
2.1.1.2. Harmful or Offensive Contact
2.1.1.2.1. Contact is the unwanted touching of the plaintiff by the defendant.
2.1.1.3. Apprehension of an Imminent Battery
2.1.1.3.1. Imminent means without delay or without barriers to prevent the action or without evasive maneuvers.
2.1.1.3.2. Apprehension is NOT fear, but the belief that the act will cause them harm.
2.2. Consequence
2.2.1. Apprehension of an imminent battery
3. Trespass to Land
3.1. Elements
3.1.1. Entry to Land
3.1.1.1. An individual who enters or causes tangible entry upon land in possession of another.
3.1.1.1.1. Land does not need to be harmed
3.1.1.2. Refusal to leave or remove goods (all movable or tangible things) from the land when under obligation to do so constitutes entry
3.1.2. Intent to enter land or to cause entry to land.
3.1.2.1. Entry is intended when
3.1.2.1.1. it is the Defendant's purpose to enter
3.1.2.1.2. If his actions will cause him to know with substantial certainty they will cause an entry to land.
3.1.2.2. Entry by negligence or w/o an act by free will DO NOT constitute entry
3.2. Consequence
3.2.1. Entry to land in the possession of another that prevents their exclusive possession of the land.
4. False Imprisonment
4.1. Elements
4.1.1. Act of Confinement
4.1.1.1. The plaintiff must show that the defendant actually completed the act of confinement of his own free will.
4.1.1.1.1. The plaintiff must show that the defendant actually completed the act of confinement of his own free will.
4.1.1.1.2. A plaintiff is confined when they have no means of egress
4.1.1.2. An offensive contact is an unwanted touching with , within a reasonable person's standard that the action was offensive
4.1.2. Intent to Confine
4.1.2.1. The Plaintiff must show that the plaintiff purposefully or knew with substantial certainty that the act would result in the confinement of the plaintiff.
4.1.2.2. Motive is not needed to show confinement. The intent to confine is sufficient for Torts.
4.1.2.3. The Doctrine of Transferred Intent Applies
4.2. Consequence
4.2.1. Confinement of the plaintiff against their will
4.3. Key Terms
4.3.1. Confinement
4.3.1.1. The plaintiff must have suffered the false imprisonment for any period of time without a reasonable means of escape.
4.3.1.2. Awareness of confinement
4.3.1.2.1. The plaintiff must be conscious or aware of the confinement during the restraint period.
4.3.1.3. Methods of Confinement
4.3.1.3.1. Physical Barriers
4.3.1.3.2. Physical Force
4.3.1.3.3. Direct Threats of Force
4.3.1.3.4. Indirect Threats of Force
4.3.1.3.5. Failure to provide a means of escape
4.3.1.3.6. Invalid Use of Legal Authority
4.3.1.4. Invalid Confinement
4.3.1.4.1. Moral Pressure
4.3.1.4.2. Future Threats
5. Trespass to Chattels
5.1. Elements
5.1.1. Direct interference with the use or possession of a chattel by another.
5.1.2. An individual must act in a way that directly interferes with the plaintiff's possession (chattel) that causes legally recognizable harm.
5.1.2.1. The act must be done of the Defendant's own free will
5.1.2.2. A chattel is the tangible property in possession of the plaintiff
5.1.2.2.1. may extend to protect computer systems from electronic invasions from spam
5.1.2.2.2. Ownership is not required
5.1.2.3. Interference can be direct or indirect
5.1.2.3.1. Direct touching
5.1.2.3.2. indirect
5.1.3. Intent to cause interferance with the plaintiff's use or posession of a chattel.
5.1.3.1. Purposefully to cause an interference with the chattel
5.1.3.2. know with substantial certainty that the chattel will be interfered with
5.1.4. Proof of damages or harm to the chattel
5.2. Consequence
5.2.1. Without consent or privelege, the defendant uses or otherwise intentionally intermeddles with a chattel in the posession of another
5.2.1.1. AND one of the following interferences
5.2.1.1.1. a. dispossesses the other of the chattel
5.2.1.1.2. b. The chattel is impaired as to it's condition, quality, or value
5.2.1.1.3. c. posessor is deprived of the use of the chattel for a substantial time
5.2.1.1.4. d. Bodily harm is caused to the possessor or the harm is caused to some person or thing with legally protected interest.
5.2.1.2. Consent is the plaintiff's permission to use or inter-meddle with the chattel
5.2.1.3. to intentionally intermeddle with a chattel is to purposefully or know with substantial certainty that the chattel will be interfered with.
6. Conversion
6.1. Elements
6.1.1. A volitional act intending to exercise dominion and control over the plaintiff's tangible property (Chattel)
6.1.2. Exercise and dominion actually occurred and interfered with Plaintiffs right to control or posses that the defedant is required to pay the full fair market value for the chattel at the time of conversion.
6.1.2.1. Determining the seriousness of interference
6.1.2.1.1. Extent and duration of Defendant exercising control
6.1.2.1.2. Intent to assert a right inconsistent iwth Plaintiff's right to control
6.1.2.1.3. Defendant's good faith
6.1.2.1.4. The extent and duration of the interference
6.1.2.1.5. Harm done to the chattel
6.1.2.1.6. Inconvenience and expense caused to plaintiff
6.1.2.2. To have harm or damage to a chattel one of the following must be completed
6.1.2.2.1. Disposession of the chattel
6.1.2.2.2. Destroying or altering the chattel
6.1.2.2.3. Using a chattel (That ownership is questioned)
6.1.2.2.4. Receiving a chattel
6.1.2.2.5. Disposing of a chattel
6.1.2.2.6. Mis-delivering of a chattel
6.1.2.2.7. Refusing to surrender a chattel
6.2. Consequence
6.2.1. The plaintiff's right to control or possess a chattel is seriously interfered with, causing the defendant to pay the fair market value of the chattel at the time of the conversion.
7. Intentional Infliction of Emotional Distress.
7.1. Elements
7.1.1. Extreme and Outrageous Conduct
7.1.1.1. A conduct, or manner of behaving that would shock a reasonable person (Objective Standard)
7.1.1.1.1. exception to the objective standard
7.1.2. Intent to cause Severe Emotional Harm
7.1.2.1. The defendant must act with a purpose to cause severe emotional harm
7.1.2.2. the Defendant must have known with substantial certainty that the conduct would cause severe emotional harm
7.1.2.3. the defendant knew their behavior was reckless, meaning they knew the result and disregard the consequence, acting upon their desire to cause emotional harm.
7.1.3. The Plaintiff must suffer an emotional Harm
7.1.3.1. The Causal Nexus must be satisfied.
7.1.3.1.1. The plaintiff must show that the defendant's conduct actually caused the severe emotional distress.
7.2. Consequence
7.2.1. the plaintiff must suffer a severe emotional distress from the defendant's extreme and outrageous conduct conduct.