Ch 16 Terminology

Question 1

Acquitted

Answer 1

discharged from accusation

Question 2

Actionable

Answer 2

furnishing legal ground for a lawsuit

Question 3

Assault

Answer 3

the intentional creation of a reasonable apprehension of an imminent battery. an attempt to commit a battery

Question 4

Battery

Answer 4

intentional contact with another person without that persons permission and without justification the unlawful application of force to another person

Question 5

Conversion

Answer 5

the wrongful exercise of dominion and control over the personal property in anothers possession

Question 6

Damages

Answer 6

the monetary loss suffered by a party as a result of a wrong

Question 7

Deceit/Fraud

Answer 7

A misrepresentation of a material existing fact knowingly made that causes some one reasonably relying on it to suffer damages

Question 8

Defamation

Answer 8

the wrongful act of damaging anothers character or reputations by the use of false statement

Question 9

False Arrest/False Imprisonment

Answer 9

the intentional confinement of a person without legal justification

Question 10

Intentional Infliction of Emotional Distress (IIED)

Answer 10

a type of tort whereby the intentional conduct of a person results in extreme emotional suffering

Question 11

Intentional Torts/Willfull Torts

Answer 11

torts that are committed intentionally

Question 12

Invasion of Privacy

Answer 12

a violation of the right of privacy

Question 13

Libel

Answer 13

defamation communicated by a writing drawing photograph television program or other means that is directed toward the sense of sight. the initial pleading in a divorce action

Question 14

Malice Prosecution

Answer 14

prosecution begun in malice without probable cause

Question 15

Misprepresentation

Answer 15

a false or deceptive statement or act

Question 16

Nuisance

Answer 16

the use of ones property in a way that causes annoyance, inconvenience or discomfort to another

Question 17

Per Se

Answer 17

in and of itself, taken alone

Question 18

Private Nuisance

Answer 18

a nuisance that disturbs one neighbor only

Question 19

Public Nuisance

Answer 19

a nuisance that affects the community at large

Question 20

Right of Privacy

Answer 20

the right to be left alone the right to be free from uncalled for publicity and the right to live without unreasonable interference by the public in private matters

Question 21

Scienter

Answer 21

knowingly

Question 22

Slander

Answer 22

defamation that is communicated by the spoken word

Question 23

Tortious

Answer 23

wrongful; implying or involving tort

Question 24

Trespass

Answer 24

the intentional and unauthorized entry by a person onto the land of another

Question 25

Trespass de bonis asportatis

Answer 25

an action brought to recover damages from a person who has taken goods or property from its rightful owner

Question 26

Unintentional Torts

Answer 26

torts that are committed accidentally

Question 27

Waste

Answer 27

the abuse or destructive use of property that is in ones rightful possession