Ch 7 Flashcards
The burden of proof in civil actions is?
“fair preponderance of the evidence” or “more likely than not”
What is a tort?
Civil wrong, an act committed by one or more parties that causes injury to another for which the law allows a remedy of monetary damages
What is battery?
Intentional unpermitted contact with another person; intent to cause contact with another person in a way that is unlawful and unpermitted.
What is assault?
Intentionally placing another in apprehension of imminent bodily contact. Attempted battery that is not successful
False imprisonment
occurs when a person without lawful right intentionally restrains the free movement of another against that person’s will.
Defamation
involves damage to a person’s reputation through false, harmful, and unprivileged statements to others. The statements must be “published”
Slander per se
Damages will be presumed without the need to show a monetary loss. Categories:
person committed a crime, has a venereal disease or other communicable disease, person is unfit for business or trade and person has committed a serious sexual misconduct
Absolute privilege (defamation)
Cannot be held liable for defamation under any circumstances; includes legislators while in session, judges and attorneys in court, president and cabinet members.
Qualified or conditional privilege (Defamation)
exists when reasonably necessary to inform public officials of perceived wrongdoing and other cases where a person is working in an official capacity.
4 torts that fall under umbrella of invasion of privacy
Unreasonable intrusion on the seclusion of another
Appropriation of another’s name or likeness
Unreasonable publicity given to another’s private life
Publicity placing another in a false light
Trespass to Chattels
Involves some sort of intentional interference or damage to personal property of another. Occurs when item is damaged opposed to stolen.
