Intentional Torts

1. Intentional Torts vs. Negligence Torts

• Intentional Torts: Deliberate actions causing harm (e.g., assault, battery)⁶.

• Negligence Torts: Harm caused by failing to act with reasonable care⁶.

2. Elements of Battery

• Requirements: Intentional act, harmful or offensive contact, and causation of injury⁶.

3. False Imprisonment

• Definition: Unlawful restraint of a person’s freedom of movement⁶.

• Elements: Intent, confinement without consent, and lack of lawful authority⁶.

4. Assault vs. Battery

• Assault: Threat or attempt to cause harm, creating a reasonable fear of imminent harm⁶.

• Battery: Actual physical contact that is harmful or offensive⁶.

5. Defenses to Intentional Torts

• Common Defenses: Consent, self-defense, defense of others, and defense of property⁶.

Child Custody

6. Legal Standard for Child Custody

• Best Interests of the Child: Courts consider factors like the child’s needs, parental abilities, and stability³.

7. Child’s Preference in Custody Decisions

• Consideration: Courts may consider the child’s preference, especially if the child is of sufficient age and maturity³.

8. Evaluating Parenting Abilities

• Factors: Emotional ties, ability to provide for the child’s needs, and stability of the home environment³.

9. Sole Custody vs. Joint Custody

• Sole Custody: One parent has exclusive rights and responsibilities³.

• Joint Custody: Both parents share rights and responsibilities³.

10. Change in Circumstances

• Impact: Significant changes (e.g., relocation, change in employment) can lead to modifications in custody arrangements³.

Feel free to ask if you need more details on any of these topics!