This index includes references to the Capsule Summary
and to the Exam Tips, but not to Q&A or Flow Charts
ABUSE OF PROCESS
Definition
Malicious prosecution, distinguished from
ACTIVITY LEVEL
Balancing test
ANIMALS
Strict liability for harm caused by
ARREST
Generally
Apprehension of suspect
Misdemeanor
Mistaken identity
Reasonable force
With warrant
Without warrant
ASSAULT
Generally
Apprehension, distinguished from fear
Attempted battery as
Conditional threat
Definition
Imminent harm, requirement of
Intent, requirement of
Transferred intent
Plaintiff unaware of danger
Present ability to commit harm
Threat to third person
Unusually timid plaintiff
Words alone not sufficient
Words negating intent
ASSUMPTION OF RISK
Generally
Alternative, existence of reasonable
Comparative negligence, effect of
Contributory negligence, distinguished from
Definition
Express agreement
Implied assumption
Knowledge of risk
Nuisance cases
Rejection of
Sports and recreation
Strict liability suits
Voluntary acceptance of risk