Term
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Definition
| wrong or injury to another, other than a breach of contract |
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Term
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Definition
| defendant takes an action intending certain consequences will result or knowing certain consequences are likely to result |
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Term
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Definition
| defendant acts in a way that subjects other people to an unreasonable risk of harm |
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Term
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Definition
| defendant takes an action that is inherently dangerous and cannot ever be undertaken safely, no matter what precautions the defendant takes |
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Term
| Intentional torts against persons |
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Definition
| intentional acts that harm an individual's physical or mental integrity: assault and battery, defamation, privacy torts, false imprisonment, intentional infliction of emotional distress, and misuse of legal procedure |
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Term
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Definition
| when one person places another in fear or apprehension of an immediate, offensive bodily contact--if a reasonable person would experience apprehension in a given situation, and the person in that situation does experience apprehension (not necessarily fear), an assault occurs |
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Term
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Definition
| an intentional, unwanted, offensive bodily contact |
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Term
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Definition
| intentional publication (communication to a third party) of a false statement harmful to an individual's reputation |
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Term
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Definition
| statements so inherently harmful that general damages are presumed; claims that a plaintiff (1) has a loathsome, communicable disease (2) has committed a crime for which imprisonment is a possibility (3) is professionally incompetent (4) if a woman, has engaged in sexual misconduct |
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Term
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Definition
| one cannot be sued for defamation for any false statements made, regardless of intent or knowledge of the falsity of the claim; House or Senate, courtroom |
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Term
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Definition
| party will not be held liable for defamation unless the false statement was made with actual malice |
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Term
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Definition
| statement made with either knowledge of its falsity or reckless disregard for its truth |
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Term
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Definition
| not holding people liable for making false statements about _____ as long as the statements were not made with actual malice |
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Term
| Privacy Torts--Invasion of Privacy |
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Definition
| False light, public disclosure of private facts, appropriation for commercial gain, intrusion on an individuals affairs or seclusion |
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Term
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Definition
| publicity about a person creates an impression about that individual that is not valid |
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Term
| Public disclosure of private facts about a person |
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Definition
| someone publicizes a private fact about an individual and that fact is something a reasonable person would find highly offensive |
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Term
| Appropriation for commercial gain |
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Definition
| when someone uses another person's name, likeness, voice, o other identifying characteristic for commercial gain without that person's permission |
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Term
| Intrusion on an individuals affairs or seclusion |
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Definition
| someone invades a person's solitude, seclusion, or personal affairs when the person has the right to expect privacy |
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Term
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Definition
| when an individual is confined or restrained against his or her will for an appreciable amount of time |
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Term
| Intentional infliction of emotional distress |
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Definition
| whens someone engages in outrageous, intentional conduct, likely to cause extreme emotional distress to the party toward whom the conduct is directed |
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Term
| Misuse of legal procedure torts |
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Definition
| Malicious prosecution, wrongful civil proceedings, abuse of process |
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Term
| Malicious Prosecution, Wrongful Civil Proceedings |
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Definition
| seek to compensate people wrongfully charged with either criminal or civil matters |
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Term
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Definition
| applies to both criminal and civil matters in which a legal procedure is misused to achieve a different goal than the procedure intends |
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Term
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Definition
| when a person intentionally (1) enters the land of another without permission; causes an object to be placed on the land of another without the landowner's permission; (3) stays on the land of another when the owner tells him to depart or (4) refuses to remove something he placed on the property that the landowner asked him to remove |
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Term
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Definition
| when a person uses her property in an unreasonable manner that harms a neighbors use or enjoyment of his property |
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Term
| Trespass to personal property |
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Definition
| temporarily exerting control over another person's property or interfering with the true owner's rights to use the property |
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Term
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Definition
| when a person permanently removes personal property from the owner's possession and control |
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Term
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Definition
| defamation of a business product or service--defendant published a false statement of material fact about the plaintiff's product or service that resulted in a loss of sales |
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Term
| slander of quality, trade libel |
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Definition
| when defamation of a business product or service are criticisms of the quality, honesty, or reputation of the business or product |
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Term
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Definition
| when defaming statements relate to the ownership of the business property |
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Term
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Definition
| someone knowingly makes false, damaging statements about a food product |
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Term
| Disparagement by computer |
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Definition
| (1) erroneous information from a computer about a business's credit standing or reputation impairs the business's ability to obtain credit (2) the computer information's owner fails to correct the incorrect information in a timely manner |
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Term
| Intentional interference with contract |
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Definition
| (1)a valid and enforceable contract between two parties existed (2) the defendant party knew of the existence of the contract and its terms (3) the defendant intentionally undertook steps to cause one of the parties to breach the contract (4) the plaintiff was injured as a result of the breach |
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Term
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Definition
| when someone enters a business with the sole intent of driving another firm out of business |
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Term
| Fraudulent misrepresentation |
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Definition
| when a party uses intentional deceit to facilitate personal gain |
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Term
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Definition
| damages designed to compensate the victim for all of the harm caused by the person who committed the tort (tortfeasor) |
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Term
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Definition
| small amount of money given tor recognize that a defendant did indeed commit a tort in a case where there were no compensable damages suffered by the plaintiff |
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Term
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Definition
| damages awarded to punish the defendant--juries usually consider the egregiousness or willfulness of the tort and the wealth of the defendant |
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Term
| Class Action Fairness Act (CAFA) |
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Definition
| tort reform legislation at the national level |
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