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Paralegal > CHAP7: Intent Torts: More > Flashcards

CHAP7: Intent Torts: More Flashcards

1
Q

Chapter 7: Intentional Torts - More Injuries to Persons

I. Infliction of Emotional Distress

Intentional Infliction

The elements of intentional infliction of emotional distress are: (1-3)

A
  1. Outrageous conduct by the tortfeasor
  2. Conduct intended to cause severe mental anguish in the victim
  3. The victim’s suffering of severe mental anguish as a consequence of the tortfeasor’s behavior
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2
Q

Chapter 7: Intentional Torts - More Injuries to Persons

I. Infliction of Emotional Distress

Reckless Infliction (1 of 2)

The elements of reckless infliction of emotional distress are:

A
  1. Outrageous conduct
  2. Conduct known (or reasonably should be known) to cause severe mental anguish
  3. Victim suffers severe mental anguish as result
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3
Q

Chapter 7: Intentional Torts - More Injuries to Persons

I. Infliction of Emotional Distress

Reckless Infliction (2 of 2)

  • Intent is&raquo_space;&raquo_space;, only that the tortfeasor&raquo_space;,&raquo_space;&raquo_space;&raquo_space;&raquo_space; that his or her behavior would&raquo_space;&raquo_space;&raquo_space;.
  • Recklessness is often a&raquo_space;&raquo_space;&raquo_space; in tort law.
A
  • Intent is not required, only that the tortfeasor knew, or should have known, that his or her behavior would produce emotional distress.
  • Recklessness is often a substitute for intent in tort law.
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4
Q

Chapter 7: Intentional Torts - More Injuries to Persons

II. Fraud and Misrepresentation

Misrepresentation is a false statement that may be of three types:

A

Innocent
Negligent
Fraudulent

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5
Q

Chapter 7: Intentional Torts - More Injuries to Persons

II. Fraud and Misrepresentation

Fraud

The elements of fraud are: (1-5)

A
  1. False statements intended to deceive
  2. Knowledge of falsity of statements
  3. Plaintiff relies on the statement
  4. Statements designed to entice victim into surrendering something of value
  5. Innocent party is injured
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6
Q

Chapter 7: Intentional Torts - More Injuries to Persons

II. Fraud and Misrepresentation

Misrepresentation

The elements of misrepresentation are: (1-4)

A
  1. False statements intended to deceive
  2. Knowledge of falsity of statements
  3. Plaintiff relies on the statement.
  4. Innocent party is injured.
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7
Q

Chapter 7: Intentional Torts - More Injuries to Persons

III. Malicious Prosecution and Abuse

Malicious Prosecution

The elements of malicious prosecution are: (1-4)

A
  1. Groundless criminal prosecution against the accused without probable cause
  2. The complainant’s malice in filing the spurious charges
  3. The accused’s acquittal from, or dismissal of, the criminal charges
  4. Injury to the accused as a result of the prosecution
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8
Q

Chapter 7: Intentional Torts - More Injuries to Persons

III. Malicious Prosecution and Abuse

Abuse of Process

The elements of abuse of process are: (1-3)

A
  1. Misuse of legal proceeding (or threat of misuse)
  2. Misuse to achieve unlawful objectives
  3. Injury to victim as a result of the misuse
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9
Q

Chapter 7: Intentional Torts - More Injuries to Persons

IV. Invasion of Privacy

Invasion of Privacy

Invasion of privacy exists when&raquo_space;&raquo_space;&raquo_space; another person’s&raquo_space;&raquo_space; in an&raquo_space;&raquo_space; manner.

A

Invasion of privacy exists when someone publicly exploits another person’s private affairs in an unreasonably intrusive manner.

“The right to be left alone.”
Cooley, Torts 29 (2d ed. 1888)

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10
Q

Chapter 7: Intentional Torts - More Injuries to Persons

IV. Invasion of Privacy

Invasion of Privacy

The types of invasion of privacy are:

A

Appropriation
Unreasonable intrusion
Public disclosure of private facts
False light in the public eye

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11
Q

Chapter 7: Intentional Torts - More Injuries to Persons

V. Defamation: Libel and Slander

There are two varieties of defamation: what are they?

Libel is a&raquo_space;»»>&raquo_space;»>&raquo_space;>&raquo_space;»»»»> statement about an individual that the tortfeasor communicates to a&raquo_space;»>&raquo_space;»>.

A

libel and slander

Libel is a written false and disparaging statement about an individual that the tortfeasor communicates to a third party.

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12
Q

Chapter 7: Intentional Torts - More Injuries to Persons

V. Defamation: Libel and Slander

Slander is an&raquo_space;&raquo_space;&raquo_space;&raquo_space; statement about a person that the tortfeasor communicates to a &raquo_space;&raquo_space;.

Courts often refer to this communication as&raquo_space;.

A

Slander is an oral false and disparaging statement about a person that the tortfeasor communicates to a third party.

Courts often refer to this communication as publication.

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13
Q

Chapter 7: Intentional Torts - More Injuries to Persons

V. Defamation: Libel and Slander

The elements of defamation are:

A
  1. Written or oral statement
  2. False and defamatory statement about a person
  3. Tortfeasor’s communication of the statement to a third party
  4. Harm to the victim’s reputation in the community
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14
Q

Chapter 7: Intentional Torts - More Injuries to Persons

V. Defamation: Libel and Slander

Public Figures

Public figures are&raquo_space;&raquo_space;&raquo_space;&raquo_space;&raquo_space; because they are used to being in the public eye and&raquo_space;»&raquo_space;&raquo_space;&raquo_space;&raquo_space;&raquo_space;&raquo_space;&raquo_space;&raquo_space;.

Public figures have&raquo_space;&raquo_space; from defamation than the ordinary person.

A public figure must show that the statement was made with&raquo_space;&raquo_space;.

A

Public figures are treated differently than private individuals because they are used to being in the public eye and have access to the media to refute untrue charges.

Public figures have less protection from defamation than the ordinary person.

A public figure must show that the statement was made with actual malice.

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15
Q

Chapter 7: Intentional Torts - More Injuries to Persons

V. Defamation: Libel and Slander

Slander Per Se

Per se indicates that something is&raquo_space;>&raquo_space;>&raquo_space;>.

Some words are in and of themselves&raquo_space;».

A

Per se indicates that something is automatic or presumed.

Some words are in and of themselves defamatory

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16
Q

Chapter 7: Intentional Torts - More Injuries to Persons

V. Defamation: Libel and Slander

Slander Per Se

Examples of slander per se include words that imply criminal conduct, words that disparage one’s business, or words implying that one has a loathsome and communicable disease.

The victim&raquo_space;&raquo_space;&raquo_space;&raquo_space; to win a slander per se claim.

A

Examples of slander per se include:

  • words that imply criminal conduct,
  • words that disparage one’s business, or
  • words implying that one has a loathsome and communicable disease.

The victim need not prove damages to win a slander per se claim.

17
Q

Chapter 7: Intentional Torts - More Injuries to Persons

V. Defamation: Libel and Slander

Truth and Privilege as Absolute Defenses

Truth: If the information that is communicated is true, then&raquo_space;&raquo_space;&raquo_space;&raquo_space;&raquo_space;.

Privilege: Statements made by&raquo_space;&raquo_space;&raquo_space; during a trial,&raquo_space; during debates, and&raquo_space;&raquo_space;&raquo_space; on the floor of&raquo_space; are treated as privileged and, as such,&raquo_space;&raquo_space;&raquo_space;&raquo_space; in defamation cases.

A

Truth: If the information that is communicated is true, then no libel or slander occurred.

Privilege: Statements made by attorneys and judges during a trial, legislators during debates, and members of Congress on the floor of Congress are treated as privileged and, as such, constitute an absolute defense in defamation cases.

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