1. intentional torts: In torts, causes of action are typically separated into two categories: negligent torts and intentional torts. For intentional torts, be aware that intent is a requisite element and must exist to prove a prima facie case for the particular intentional tort.

 

2. intent: Examiners will rarely expressly identify intent in the fact question. As a result, applicants must be able to examine the facts to determine whether intent exists. What are other ways that intent can be established?

 

3. prima facie elements: To establish a prima facie case, applicants must examine each of the prima facie elements and determine whether each exists. Each element must exist to establish a prima facie case.

 

4. facts: Remember that all facts in an essay question are important. Examine the facts closely to determine how those facts can be incorporated in the response. For instance, what’s the significance of the six-foot privacy fence? Why did the examiners make the fence this tall? Why did the examiners make it a privacy fence rather than a picket fence? Examine the facts closely to determine how they can support arguments or conclusions.

 

5. other claims: Many students on the question either did not address other potential causes of action (as directed by the call of the question) or failed to thoroughly examine the other potential claims. Even though the cause of action was not expressly given to you as opposed to assault, trespass to land, and conversion, your discussion should still be detailed and complete.

2%

36%

33%

16%

9%

4%

0%