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Torts rule statement- Battery, Assult, IIED, False Imp.,
Posted: Mon Sep 22, 2014 1:09 pm
by cheetarah20002000
I am working on my rule statements for Battery, Assault, IIED, False Imprisonment, Damages as they apply, Necessity, trespass to property and chattel, and possible defenses to all of these. I am having trouble deciding what to weed out and what is important. Any suggestions or examples to help? My 1st midterm is Wed.
Re: Torts rule statement- Battery, Assult, IIED, False Imp.,
Posted: Mon Sep 22, 2014 8:28 pm
by silvermanbar
The best way to analyze a legal issue is to break the rule down into its elements and let the grader know that you are analyzing each individual element. So, let's take battery for example.
Batter is the (1) intentional, (2) harmful or offensive contact (3) with another (4) without the other's consent. Here, (1) has been satisfied because......
It may seem a bit much, but this style will make the exam very easy for your professor to grade, and hitting upon each element will surely earn you many points that others might miss with a less analytical approach.
--Sean