Ch 16 Terminology Flashcards
Acquitted
discharged from accusation
Actionable
furnishing legal ground for a lawsuit
Assault
the intentional creation of a reasonable apprehension of an imminent battery. an attempt to commit a battery
Battery
intentional contact with another person without that persons permission and without justification the unlawful application of force to another person
Conversion
the wrongful exercise of dominion and control over the personal property in anothers possession
Damages
the monetary loss suffered by a party as a result of a wrong
Deceit/Fraud
A misrepresentation of a material existing fact knowingly made that causes some one reasonably relying on it to suffer damages
Defamation
the wrongful act of damaging anothers character or reputations by the use of false statement
False Arrest/False Imprisonment
the intentional confinement of a person without legal justification
Intentional Infliction of Emotional Distress (IIED)
a type of tort whereby the intentional conduct of a person results in extreme emotional suffering
Intentional Torts/Willfull Torts
torts that are committed intentionally
Invasion of Privacy
a violation of the right of privacy
Libel
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
Malice Prosecution
prosecution begun in malice without probable cause
Misprepresentation
a false or deceptive statement or act
Nuisance
the use of ones property in a way that causes annoyance, inconvenience or discomfort to another
Per Se
in and of itself, taken alone
Private Nuisance
a nuisance that disturbs one neighbor only
Public Nuisance
a nuisance that affects the community at large
Right of Privacy
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
Scienter
knowingly
Slander
defamation that is communicated by the spoken word
Tortious
wrongful; implying or involving tort
Trespass
the intentional and unauthorized entry by a person onto the land of another
Trespass de bonis asportatis
an action brought to recover damages from a person who has taken goods or property from its rightful owner
Unintentional Torts
torts that are committed accidentally
Waste
the abuse or destructive use of property that is in ones rightful possession