Chapter 15 - Intentional Torts Flashcards

1
Q

Assault

A

The plaintiff must prove the defendant threatened imminent harm.

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2
Q

Battery

A

The defendant intentionally touching someone without their consent and it has to offend them in some way.

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3
Q

Medial Battery

A

Preforming a wrong medical procedure or doing a different procedure than the patient consented too.

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4
Q

False Imprisonment

A

Detention of a person without their consent.

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5
Q

Malicious Prosecution

A

Wrongful prosecution of a person without reasonable and probable cause.

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6
Q

Nervous Shock and Mental Suffering

A

deliberately shocking someone, causing the victim to suffer mental or physical harm.

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7
Q

Trespass to Land

A

Unlawful interference with a person, property or rights of another.

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8
Q

Private Nuisance

A

Unreasonable and substantial interference with someone’s enjoyment of their property.

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9
Q

Public Nuisance

A

Unreasonable and substantial interference with the interests that affect the community at large.

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10
Q

Chattels

A

Movable Personal property.

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11
Q

Defenses to Intentional Torts

A

-Consent
-Self-defense
-Defense of a third party
-Legal Authority

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12
Q

Defense of a Third Party

A

legal right to use reasonable force to protect someone else.

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13
Q

Legal Authority

A

Right given by law to engage in conduct that would otherwise be considered a tort.

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14
Q

Defamation of Character

A

Injury to a person’s reputation or good name by slander or libel.

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15
Q

Slander

A

Spoken Defamation

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16
Q

Libel

A

Written Defamation

17
Q

Defenses to Defamation

A

○ Fair Comment
○Absolute Privilege
○Truth

18
Q

Fair Comment

A

The comments were honest and made without malice.

19
Q

Absolute Privilege

A

Protection from liability for statements made in parliament, legislature, courtrooms, military hearings, or before a tribunal.