Term
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Definition
| Conduct designed to injure a person or that person's property, as opposed to an injury caused by negligence or resulting from an accident. Intent, Act, result in injury. Tortfeasor must know with substantial certainty that certain harmful consequences would result from the act |
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Term
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Definition
| The resolve or purpose to use a particular means to reach a particular result. How a person wants to do something and what that person wants to get done. |
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Term
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Definition
The tortfeasor knows or reasonably should know that his outlandish or outrageous actions will produce injury.
The knowledge element substitutes for intent. |
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Term
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Definition
| A wrong against the state or society in addition to the actual victim. |
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Term
| Preponderance of the evidence |
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Definition
| Just enough evidence to tip the scales in favor of one party over another party. |
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Term
| Clear and convincing evidence |
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Definition
| More than enough evidence to tip the scales, but less than proof beyond a reasonable doubt. The evidence must be clear and convincing; it should be substantially more likely true than not true. |
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Term
| Crime vs. Intentional Tort |
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Definition
| Civil and Criminal definitions of acts constituting intentional torts are not necessarily the same. |
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Term
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Definition
| The intentional threat, show of force, or movement that reasonably makes a person feel in danger of physical attack or harmful physical conduct. |
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Term
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Definition
| An intentional, (1) imminent threat of or attempt to make (2) unconsented harmful or offensive contact (3) causing a victim to be apprehensive for his physical safety. |
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Term
| Element of Assault: Imminent threat of contact |
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Definition
| Imminent or immediate threat that unconsented contact is about to occur. A likelihood that someone or something unwanted is about to strike |
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Term
| Assault: Freedom from apprehension |
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Definition
| A person's right to control what touches his person. |
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Term
| Element of Assault: Apprehension |
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Definition
| A person reasonably fears for his physical safety in anticipation of being struck by unconsented harmful or distasteful contact. Anxiety must be rational given the perceived threat of contact. |
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Term
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Definition
| The intentional, unconsented touching of another person in an offensive or injurious manner. |
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Term
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Definition
| (1) Intentional, (2) nonconsensual, (3) offensive or injurious physical contact. |
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Term
| Element of Battery: Physical Contact |
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Definition
| Contact is necessary for battery to occur. Contact to body, clothing, an object the victim is carrying, an object in which victim is sitting (chair, car). |
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Term
| Battery: Extensions of the Person |
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Definition
| Clothing, objects held, etc. that if touched, translate into touching the person himself. |
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Term
| Element of Battery: Lack of Consent |
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Definition
| Battery only occurs if the victim did not consent to the physical contact. Expressed or implied. Can be implicit consent, as in joining a sports game. Consent is a defense to a battery claim. |
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Term
| Element of Battery: Harmful or Offensive Contact |
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Definition
| The recipient must find the action distasteful. Judged by the Reasonable Person standard. Would a reasonable person have been insulted by the contact, given the same or similar circumstances? |
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Term
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Definition
| Tortfeasor must have intended to make harmful or offensive contact with another person. |
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Term
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Definition
| The principle that if a person intended to hit another but hits a third person instead, he legally intended to hit the third person. A "legal fiction." Allows the third person to sue hitter for intentional tort. Intent is carried by the object set in motion through to whoever the object reaches. Concept protects persons from misdirected physical contacts. |
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Term
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Definition
| An unlawful restraint or deprivation of a person's liberty (freedom of movement), usually by a public official. When the tortfeasor intentionally confines someone without that person's consent. When someone is held against his will for an unreasonable amount of time. |
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Term
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Definition
| Think Reasonable Person standard. Consensus of a jury as to what is reasonable. |
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Term
| 4 Elements of False Imprisonment |
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Definition
| (1) Intentional, (2) nonconsensual (3) confinement of a victim for an appreciable amount of time (4) with no reasonable means of escape. |
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Term
| False Imprisonment: 3 Elements of Confinement |
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Definition
| Confinement entails a (1) nonconsensual (2) restriction of the victim’s freedom of movement (3) of which he is aware or fearful. |
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Term
| Confinement: Physical Barriers Restricting Movement |
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Definition
| The most common method of falsely imprisoning someone. Barrier need only restrict captive's freedom of movement. Locked door, fence, wall, car blocking driveway, body blocking doorway. |
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Term
| Confinement: Express or Implied Threats of Force |
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Definition
| No physical barrier necessary. Confinement is achieved through expressed intimidation, threats of physical or emotional violence against victim, family, or property. Fear of physical or emotional injury. Explicit or implied threats. "Otherwise, I will..." |
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Term
| Confinement (No): Captive's Consent to Confinement |
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Definition
| False Imprisonment cannot occur if the victim consents to the captivity. Awareness and acceptance of the confinement. Agreement to stay. |
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Term
| False Imprisonment: Intent to Confine |
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Definition
| Tortfeasor must intend to confine the victim (not accidental lock-in). Intent can be express or implied. |
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Term
| False Imprisonment: Appreciable Time Period |
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Definition
| Appreciable length of time depends on the circumstances of the case. Unreasonable under the circumstances. Seconds in a burning building. Hours in a shoplifting investigation. |
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Term
| False Imprisonment: No Reasonable Means of Escape |
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Definition
| Confinement must be complete. Lack of route that a reasonable person would use to flee in a given set of circumstances. |
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Term
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Definition
| A shopkeeper is allowed to detain a suspected shoplifter on store property for a reasonable period of time, so long as he has cause to believe that the person detained in fact committed, or attempted to commit, theft of store property. |
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Term
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Definition
| Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when this conduct affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. |
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Term
| Tortious Interference with Reasonable Expectations of Inheritance |
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Definition
| Intentionally interfering by fraud, duress, or other wrongful means with another person's right to receive an inheritance that the person would otherwise have received. |
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Term
| 5 Elements of Tortious Interference with Reasonable Expectations of Inheritance |
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Definition
| (1) Intentional (2) wrongful interference by a third party with (2) a victim’s expectation of receiving an inheritance, (4) without which the inheritance would reasonably certainly have been received, (5) resulting in damages. |
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Term
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Definition
| Denial of treatment to emergency patients or women in labor, or transferring them to another hospital while in an unstable condition. |
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Term
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Definition
| Deliberate withholding, hiding, or destruction of evidence relevant to a legal proceeding. |
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Term
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Definition
| Mental Anguish. May be as limited as the immediate feelings during an injury or as broad as prolonged grief, shame, humiliation, despair, etc. |
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Term
| Intentional Infliction of Emotional Distress |
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Definition
| Outrageous conduct which is intended to cause severe emotional anguish in the victim, and actually causes such emotional suffering as a result of the tortfeasor's actions. |
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Term
| 3 Elements of Intentional Infliction of Emotional Distress |
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Definition
| (1) Outrageous conduct by the tortfeasor (2) intended to cause severe mental anguish in the victim (3) which actually causes suffering of severe mental anguish. (intent, act, cause/result in injury) |
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Term
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Definition
| Would an reasonable person of ordinary sensibilities suffer substantial emotional distress as a result of such actions? Shock to the conscience. Exclaim "outrageous!" |
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Term
| Result of Actual Emotional Distress (Test for Anguish) |
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Definition
| Would a reasonable person of ordinary sensibilities experience severe mental anguish as a result? Accompanying physical symptoms are a sign, but not necessary to prove. Trier of Fact determines. |
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Term
| Reckless Infliction of Emotional Distress |
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Definition
| The tortfeasor knew, or reasonably should have known, that the outrageous conduct would cause emotional distress. Wanton disregard for the (possible/foreseeable) injury to the victim. |
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Term
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Definition
| Making false statements to entice someone to give up something of value. Any kind of trickery used to cheat another of money or property |
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Term
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Definition
| Knowingly making false statements or purposefully behaving in a way to deceive someone. (No economic gain motive necessary, to distinguish from fraud) |
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Term
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Definition
| (1) Intentional deception by making a (2) knowingly false statement of material fact (3) in order to entice a victim to give up something of value, (4) where the victim justifiably relies on the misrepresentation and (5) is thus injured. |
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Term
| Innocent Misrepresentation |
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Definition
| A false statement not known to be false |
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Term
| Negligent Misrepresentation |
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Definition
| A false statement that the speaker should have known was false. |
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Term
| Fraudulent Misrepresentation |
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Definition
| False statement that is known by the speaker to be false and is meant to be misleading. |
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Term
| False Statement Intended to Deceive (1st element of Fraud) |
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Definition
| Making material (significant, important) false statement designed to deceive the victim |
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Term
| Knowledge of Falsity of Information (2nd Element of Fraud) |
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Definition
| Tortfeasor must have or should have known that the information was false. |
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Term
| Tortfeasor's Profit from Deception (3rd Element of Fraud) |
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Definition
| False statements are tailored to encourage the victim to surrender something of value to the TF |
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Term
| Justifiable Reliance on the Misrepresentation (4th Element of Fraud) |
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Definition
| The false statement must be a substantial factor in the victim's decision to take action (to give up something of value) |
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Term
| Injury as a Result of Taking Action Because of the Misrepresentation (5th Element of Fraud) |
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Definition
| The victim must prove actual injury as a consequence of misrepresentation |
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Term
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Definition
| A tort committed by bringing charges against someone in order to harm that person and with no legal justification for doing it. |
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Term
| Malicious Prosecution (4 Elements) |
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Definition
| 1. Groundless criminal prosecution against someone without probable cause. 2. The complainant's malice in filing the spurious charges. 3. The accused's acquittal from or dismissal of the charges. 4. Injury as a result of the prosecution. |
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Term
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Definition
| A reasonable belief that the accused is guilty of the alleged crime |
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Term
| Malice in Malicious Prosecution |
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Definition
| Ill will. If complainant knew that the accused did not commit the alleged crime, malice is implied. Also, if the complainant is using criminal prosecution to achieve some improper objective. |
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Term
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Definition
| Civil equivalent of malicious prosecution. TF misuses a legal proceeding against another person to achieve an unlawful objective. |
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Term
| Abuse of Process (3 Elements) |
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Definition
| (1) Misuse of a legal proceeding, or threat of such proceeding (2) to achieve unlawful objectives, (3) resulting in injury to the victim |
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Term
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Definition
| A violation of the right to be left alone. When someone publicly exploits another person's private affairs in an unreasonably intrusive manner. |
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Term
| Four Types of Invasion of Privacy |
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Definition
| 1. Appropriation. 2. Unreasonable Intrusion. 3. Public Disclosure of Private Facts. 4. False Light in the Public Eye |
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Term
| Appropriation (Invasion of Privacy) |
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Definition
| When the TF uses a person's name or likeness without permission to gain some benefit. |
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Term
| Unreasonable Intrusion (Invasion of Privacy) |
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Definition
| TF engages in an excessive and highly offensive invasion upon another person's seclusion or solitude. (illegal search of belongings, intentional eavesdropping, incessant phone calls, searching someone's mail, unauthorized access to someone's bank account, etc.) |
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Term
| Public Disclosure of Private Facts (Invasion of Privacy) |
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Definition
| TF communicates purely private information about a person to the public without permission, and a reasonable person would find this disclosure extremely objectionable. (Public figures are generally not covered by this) |
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Term
| False Light in the Public Eye (Invasion of Privacy) |
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Definition
| TF publicly attributes to an individual false opinions, statements, or actions. |
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Term
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Definition
| Transmission to others of FALSE statements that harm the reputation, business, or property rights of a person (Spoken=Slander) (Written=LIBel) |
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Term
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Definition
| Publicly communicated FALSE written statements that injure a person's reputation, business, or property rights |
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Term
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Definition
| S for Spoken. The speaking of false words that injure another's reputation, business, or property rights. |
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Term
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Definition
| 1. Written or oral statement (2) that is false, (3) communicated to a third party, and (4) actually harms the victim's reputation in the community |
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Term
| Harm to Reputation in the COMMUNITY (4th Element of Defamation) |
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Definition
| A significant number of persons acquainted or familiar with the victim. Neighborhood, locality, or other grouping of persons. |
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Term
| Harm to Reputation (in Defamation Cases) |
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Definition
| Harm to reputation may be through ridicule, humiliation, or subjection of the victim to contempt or hatred among his peers. |
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Term
| Public Figures not usually covered by Defamation |
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Definition
| Public figures usually have greater access to the media (than private individuals) to refute untrue charges. Only successful if actual malice can be proven. |
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Term
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Definition
| Some words are in themselves defamatory, so injury need not be proved (words that imply criminal conduct, harmful to one's business, having a communicable disease) |
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Term
| Truth as an Absolute Defense (Defamation) |
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Definition
| If statement made by TF is true, then there has been no defamation. Truth = if a reasonable person would decide that the statement was justified given the facts. |
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Term
| Privilege as an Absolute Defense (Defamation) |
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Definition
| Statements made by attorneys, judges, legislators (even in open court) are privileged and cannot be grounds for a defamation charge. (Public policy rationale -- otherwise they'd be silenced) |
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Term
| 3 Elements of Public Disclosure of Private Facts |
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Definition
| (1) Highly offensive (2) publication of private facts (3) not of legitimate public concern. |
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