SUBJECT MATTER INDEX

SUBJECT MATTER INDEX

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