Exam 1 Flashcards
Assault
- Defendants act (physical or verbal) intentionally
- Causes apprehension of
- Immediate harmful or offensive contact
Battery
- Intentionally causes
2. Harmful or offensive contact with the plaintiff
False imprisonment
- Unlawfully acts
- To intentionally
- Cause confinement or restraint of another within boundaries fixed by the defendant
- Such confinement occurs (however brief)
Intentional infliction of emotional distress (IIED)
- By extreme or outrageous conduct
- Intentionally or recklessly
- Causes
- Severe emotional distress to another
Jurisdiction
- Defendant (person or entity) OR property involved in the dispute
AND - The subject matter of the dispute
Non-commercial speech - content
Compelling government interest test
1. Serve a compelling government interest
AND
2. Be narrowly tailored to achieve that interest
Non-commercial speech - content-neutral
Significant government interest test
- Aimed at curbing a societal problem in which the government has significant interest
- Not aimed at suppressing expressive content or the “message”
Commercial speech - Any (content or content-neutral)
Reasonable/substantial government interest test
- The government seeks to address a reasonable/substantial government interest
- The restrictions directly advances that interest
- The restriction is narrowly tailored to accomplish the objective of advancing that interest
Defamation (damage to reputation)
- Any false statement of fact
- Published or spoken to a third party
- That injured the name, reputation, or character of another
- A. If plaintiff is an ordinary person, plaintiff must prove defendant acted with fault; BUT
B. If the plaintiff is a public figure, plaintiff much prove defendant acted with actual malice
Intrusions into an individuals affairs or seclusion
- Intrusion into a private place, conversation, or matter
2. In a manner so highly offensive to a reasonable person
False light
- Defendant caused the generation of publicity of the plaintiff that was false or misleading
- Publicity was offensive to a reasonable person
- A. If plaintiff is an ordinary person, plaintiff must prove defendant acted with fault
B. If the plaintiff is a public figure, plaintiff must prove defendant acted with actual malice
Public disclosure or private facts
- Public disclosure
- Of private fact (cannot already be a fact made public)
- Disclosure of which would be offensive to a reasonable person
- Which is not a legitimate public concern
Appropriation of identity
- An appropriation of the name, likeness, or indicia of the plaintiffs identity
- By the defendant for his own use or benefit
Right of publicity (economic interest)
- Appropriation
- Of the commercial value
- Of a persons identity by using the persons name, likeness, or other indicia of identity
- For purposes of trade
Fraudulent misrepresentation
- Misrepresentation of facts or conditions with knowledge that they are false or misleading. OR with reckless disregard for the truth
- An intent to induce another to rely on the misrepresentation
- Justifiable reliance by the deceived party
- Damage and suffering
- A casual connection between the misrepresentation and the injury suffered
Wrongful interference with a contractual relationship
- A valid, enforceable, contract must exist between the parties
- A third party much know the contract exists
- The third party must intentionally
- Induce a party to breach or interfere with the contract
- And plaintiff suffers damages
Wrongful interference with a business relationship
- An “economy expectancy” much exist between the parties
- A third party must know the economic expectancy exists
- The third party much intentionally
- Induce the party to breach or interfere with the economic expectancy
- Plaintiff must suffer damages
Trespass to land
- Enters land in the possession of another, or causes a thing or person to do so
- Remains in the land
- Fails to remove from the land a thing which he is under a duty to remove
Trespass to personal property
- Intentional interference
2. With the right of possession of personal property
Conversion
- An intentional excessive of dominion and control over a charter or an intangible property interest
- Which so seriously interferes with the right of another to control it that the tortfeasor May be required to pay the other the full value of the chattel
Slander of quality
- Intentional and
- Unprivileged
- Publication of
- A false statement that
- Disparages the property of another
- And causes a 3rd party to refrain from dealing with plaintiff, and
- Causes plaintiff to suffer measurable damage
Slander of title
- Intentional and
- Unprivileged
- Publication of
- A false statement that
- Disparages (denies or casts doubt) on the legal ownership of another’s property
- And causes plaintiff to suffer measurable damage
