Bar Exam Exam Questions with
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1. Bystander Claims for Emotional Distress - ANS ✓A bystander CLOSELY
RELATED to a person physically injured or killed by Defendant's conduct may
recover for emotional distress. Elements:
(1) D's conduct seriously injured or killed a 3rd person
>> D's conduct can be negligent or intentional
>> Injury can result from product defect
>> Bystander recovery is not available for medical
malpractice
(2) P is closely related to the injure person
>> NOTE: This element is NOT required if P shows that D
had a design or purpose to cause P sever distress
(3) P was present when the injury occurred
>> P must clearly witness the injury-causing event
(4) D knew elements (2) and (3)
(5) P suffers severe emotional distress
>> Physical manifestation is NOT required
>> NOTE: Compare to the related tort of NIED
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2. Trespass to Land - ANS ✓Trespass to land is a physical invasion of Plaintiff's
real property by Defendant. Elements:
(1) Physical Invasion of P's Real Property by D
>> D enters P's property or propels an object on to it (e.g.
D walks on P's property, throws ball onto P's property,
chases someone onto P's property)
>> D does NOT need to be aware he is crossing a
boundary line
>> Must be physical invasion, no intangible--invasions by
light, sound, smell are NOT trespass (but may give rise
to nuisance)
(2) Resulting in Interference with P's Possession of the Land
>> P must have possession (actual or constructive),
ownership not required
>> P's real property includes surface space, airspace, and
subterranean space to a reasonable distance
(3) Intent
>> D does not need to know land belongs to another
(4) Causation
>> NOTE: Damages NOT required
3. Trespass to Chattel - ANS ✓Trespass to chattel is intentional interference with
Plaintiff's right of possession in tangible personal property (chattel). Elements:
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(1) D Interferes with P's Right of Possession in Tangible Personal Property
>> Interference usually occurs through dispossession
(depriving P of his possessory rights in chattel) or
intermeddling (damaging P's chattel)
(2) Intent
(3) Causation
(4) Damages
>> P mus have some loss of use
>> P can recover cost of repair or rental value of chattel
4. Conversion - ANS ✓Conversion is SIGNIFICANT interference or DAMAGE to
Plaintiff's right of possession in tangible personal property (chattel) that justifies
Defendant paying the chattel's full value: Elements:
(1) D Interferes with P's Right of Possession in Tangible Personal Property
>> Significant interference or damage that justifies D
paying the chattel's full value
>> A longer and/or more damaging use of P's chattel
gives rise to conversion
(2) Intent
(3) Causation
(4) Damages
>> P must have some lose of use
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>> P may recover full market value at the time of
conversion or repossess the chattel (replevin)
5. DEFENSES TO INTENTIONAL TORTS - ANS ✓1) Consent
2) Self Defense
3) Defense of Others
4) Defense of Property
5) Necessity
6) Recapture of Chattels
6. Defense to IT: Consent - ANS ✓Consent is a defense to ALL intentional torts. If
Plaintiff consents to Defendant's otherwise tortuous conduct, Defendant is not
liable for the act. Legal capacity is required, Plaintiff must be capable of
consenting (e.g drunks, mentally impaired, and young children are incapableof
consenting to tortious conduct)
Express Consent: Plaintiff gives Defendant VERBAL or WRITTEN consent. Express
consent is NEGATED (invalid) by duress, fraud or mistake
Implied Consent: Defendant can reasonably infer Plaintiff's consent based on
CUSTOM or P's observable CONDUCT.
>> Often arises if P participates in activity or goes to a
place where minor torts are common (e.g. if P plays
tackle football, P have given implied consent to certain
forms of battery)
>> Facts must indicate that based on P's objective
conduct, D was readable in interpreting P's consent
(e.g. date leaning in for a kiss or signs leading to sex)
Bar Exam
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