Chapter I

Page 11-12.

1. Give three definitions of torts. State which one you prefer and why?

Page 13.

1. What is the difference between a tort and crime?

Page 14.

1. Where an act is both a tort and a crime, may a suit be brought on the tort?

2. Distinguish between a tort and a breach of contract?

Page 15.

1. Who may be a plaintiff in an action of tort?

2. Who may be a defendant?

Pages 16-18.

1. When and to what extent is a lunatic liable for his torts?

Page 19.

1. Are servants and agents liable for their torts committed in the service of their master or principal?

2. Who was liable for the torts of a married woman under the common law?

3. Is a tort a debt?

4. Is a tort a chose in action?

Page 20.

1. What was the origin of torts?

2. What was the first tort action?

3. What were its three principal divisions?

Page 21.

What influence did the Statute of Westminster 11 have upon the development of the law of torts?

Chapter II

Page 23.

1. What is the fundamental distinction between trespass and trespass on the case?

2. What is the leading case upon the question of this distinction?

Pages 24=32.

1. Give a synopsis of the case of Scott vs. Sheperd.

Page 33.

1. What is the extent of the scope of trespass on the case?

Pages 34-35.

1. In what cases are trespass and trespass on the case concurrent remedies?

Page 36.

1. What is the reason for the importance of the distinction between trespass and trespass on the case?

Chapter III

Page 38.

1. What are the three important classes of actions of trespass?

Chapter IV

Page 39.

1. What are the principal forms of trespass to the person?

Page 40.

1. Define assault.

Page 41.

1. Define battery.

2. What are the essential elements in every assault?

Page 42.

1. Enumerate some of the different acts which may constitute an assault?

2. Can there be an assault without motion of any kind ?

Page 43.

1. In any assault, is it necessary that the force exerted should reach the person at whom it was directed?

2. To constitute an assault, is it necessary that there should be an intention to commit a battery?

Page 44.

1. What is necessary in order to constitute a battery?

2. In what ways may a battery be committed?

Page 45.

1. What constitutes an aggravated assault or battery?

2. Name five examples of aggravated assaults or batteries?

Page 46.

1. What is meant by a "justifiable assault?"

2. When may a battery be justified on the ground of self-defense?

Page 47.

1. Will prior threats sustain the plea of self-defense?

Page 48.

1. What must a party attacked do, before he is justified in resorting to force on his side?

Page 49.

1. In whose defense is a person justified in using force?

2. Under what circumstances may force be used in defense of property?

Page 50.

1. Who may use force to arrest a criminal?

2. For what purposes, and under what circumstances, are railroad officials justified in using force against a person on a train?

Page 51.

1. Do school teachers have the right to inflict corporal punishment on a pupil?

2. Is contact with another person in a crowd a battery?

3. What are mutual assaults?

Page 52.

1. What is false imprisonment?

2. In a tort action of this character, are the motives of the defendant material?

Page 53.

1. Is the fact that the arrest was made by mistake a defense to an action for false imprisonment.

Page 54.

1. Compare the action for false imprisonment with that for malicious prosecution?

Page 55.

1. What are necessary elements in every action for false imprisonment?

2. What will constitute an unlawful detention?

Page 56.

1. Under what circumstances is an arrest lawful?

Page 57.

1. What is seduction?

2. What action can be brought for it?

Page 58. 1. Who can bring such action?

Page 59.

1. When may a mother sue for the seduction of her daughter?

Page 60.

1. Upon what is the right of recovery based in this action?

2. Is mere illegal sexual intercourse with a woman a sufficient basis for this action?

Chapter V

Page 61.

1. What was the old action of trespass quare clausum fregit?

2. What was the most serious form of trespass against real property?

Page 63.

1. Can uninclosed land be the subject of a trespass?

2. Can land under water?

Page 64.

1. Who can maintain an action of trespass for injury-to a church?

Page 65.

1. What interest in property is necessary in order to sustain an action for trespass?

Page 66.

1. Can a person with an equitable title sustain an action for trespass to real property?

Page 67.

1. Does the right of action for trespass pass with the ownership of the land?

2. Can a tenant in common maintain an action for trespass?

Page 68.

1. Can a mortgagee or a trustee maintain an action for trespass?

2. In what three general ways may an entry upon the land of another be justified?

Page 69.

1. What are the principal cases where an entry can be justified upon the ground that it was made by license of the law?

Page 70.

1. What is the doctrine of trespass ab initio?

Pages 71-72. 1. Give an outline of the "Six Carpenters' Cases?"

Page 73.

1. What three principles can be deduced from this decision?

2. What is the action of "trespass to try title?"


Chapter VI

Page 75. 1. What will constitute trespass to personal property?

Page 76.

1. What is conversion?

Page 77.

1. Is every tortuous act affecting personal property a conversion?