Written by attorneys · grounded in primary & secondary sources — see below
An intensifier denoting the highest degree of severity, recklessness, or disturbance. It elevates ordinary conduct or mental states to satisfy heightened thresholds for liability in criminal homicide and tort doctrines when paired with specified elements such as recklessness or outrageousness.
Ewan Eckhart fired a single shot at close range into Edith Eberhardt's chest during an argument. The factfinder could infer from the use of a deadly weapon on a vital body part that Ewan acted with intent to kill, satisfying the malice requirement for murder at common law.
Ezra Eastman killed his neighbor after discovering an affair but claimed the discovery triggered an extreme mental or emotional disturbance. The jury must assess the reasonableness of that disturbance from Ezra's viewpoint under the circumstances as he believed them to be.
Select any source to read its text and confirm it supports the definition.
Ella Emerson repeatedly made graphic threats against Erika Echevarria's young child while standing outside the family home. Because the conduct was extreme and outrageous and directed at a family member present at the scene, Erika can recover for the severe emotional distress it caused.
Elena Estrada and an accomplice robbed a convenience store and held the clerk in front of them while firing at pursuing officers. The reckless use of a human shield during the felony manifested extreme indifference to human life, supporting a murder charge if the clerk died.
Everest Holdings' security chief threatened to break the fingers of a female employee unless she submitted to intercourse. The threat of extreme pain supplied the force element required for rape under the statute even though no weapon was displayed.
Enigma Technologies sold a vehicle with a known paint defect and was hit with a multimillion-dollar punitive verdict after only modest compensatory damages. The court examined the ratio between punitive and compensatory awards along with the reprehensibility of the conduct to decide whether due process permitted the amount.
Extreme recklessness requires circumstances manifesting extreme indifference to the value of human life rather than a mere conscious disregard of a substantial risk. The higher threshold supports a murder conviction under the Model Penal Code even without purpose or knowledge.
Supporting sources
The defendant must show the homicide was committed under the influence of an extreme mental or emotional disturbance for which there is a reasonable explanation or excuse viewed from the actor's situation and believed circumstances. The disturbance need not be sudden or provoked in the traditional common-law sense.
Supporting sources
The conduct must exceed all bounds of decency and be regarded as atrocious and utterly intolerable in a civilized community. Liability follows when that conduct intentionally or recklessly causes severe emotional distress, and bodily harm resulting from the distress is also compensable.
Supporting sources
Yes. A threat of imminent extreme pain to the victim or another person compels submission and constitutes the requisite force or threat under the Model Penal Code definition of rape.
Supporting sources
…portion of the tract, or as one in which the owner has suffered a mere diminution in value of the tract as a whole. (For an extremeand, we think, unsupportableview of the relevant calculus, see Penn Central Transportation Co. v. New York City , 42 N. Y. 2d 324, 333-334, 366 N. E. 2d 1271, 1276-1277 (1977), aff'd,…