This section is from the book "Popular Law Library Vol4 Torts, Damages, Domestic Relations", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
1. Give three definitions of torts. State which one you prefer and why?
1. What is the difference between a tort and crime?
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?
1. Who may be a plaintiff in an action of tort?
2. Who may be a defendant?
1. When and to what extent is a lunatic liable for his torts?
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?
1. What was the origin of torts?
2. What was the first tort action?
3. What were its three principal divisions?
What influence did the Statute of Westminster 11 have upon the development of the law of torts?
2. What is the leading case upon the question of this distinction?
1. Give a synopsis of the case of Scott vs. Sheperd.
1. What is the extent of the scope of trespass on the case?
1. In what cases are trespass and trespass on the case concurrent remedies?
1. What is the reason for the importance of the distinction between trespass and trespass on the case?
1. What are the three important classes of actions of trespass?
1. What are the principal forms of trespass to the person?
1. Define assault.
1. Define battery.
2. What are the essential elements in every assault?
1. Enumerate some of the different acts which may constitute an assault?
2. Can there be an assault without motion of any kind ?
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?
1. What is necessary in order to constitute a battery?
2. In what ways may a battery be committed?
2. Name five examples of aggravated assaults or batteries?
1. What is meant by a "justifiable assault?"
2. When may a battery be justified on the ground of self-defense?
1. Will prior threats sustain the plea of self-defense?
1. What must a party attacked do, before he is justified in resorting to force on his side?
1. In whose defense is a person justified in using force?
2. Under what circumstances may force be used in defense of property?
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?
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?
1. What is false imprisonment?
2. In a tort action of this character, are the motives of the defendant material?
1. Is the fact that the arrest was made by mistake a defense to an action for false imprisonment.
1. Compare the action for false imprisonment with that for malicious prosecution?
1. What are necessary elements in every action for false imprisonment?
2. What will constitute an unlawful detention?
1. Under what circumstances is an arrest lawful?
1. What is seduction?
2. What action can be brought for it?
Page 58. 1. Who can bring such action?
1. When may a mother sue for the seduction of her daughter?
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?
1. What was the old action of trespass quare clausum fregit?
2. What was the most serious form of trespass against real property?
1. Can uninclosed land be the subject of a trespass?
2. Can land under water?
1. Who can maintain an action of trespass for injury-to a church?
1. What interest in property is necessary in order to sustain an action for trespass?
1. Can a person with an equitable title sustain an action for trespass to real property?
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?
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?
1. What are the principal cases where an entry can be justified upon the ground that it was made by license of the law?
1. What is the doctrine of trespass ab initio?
Pages 71-72. 1. Give an outline of the "Six Carpenters' Cases?"
1. What three principles can be deduced from this decision?
2. What is the action of "trespass to try title?"
Page 75. 1. What will constitute trespass to personal property?
1. What is conversion?
1. Is every tortuous act affecting personal property a conversion?