Exam 2 - Terms Flashcards
(235 cards)
What is a tort?
the French word for a “wrong”
What can a person do under tort law?
Under tort law, an injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or the party’s property
What are Compensatory damages?
Puts the victim in the original position and includes compensation for all injuries (personal and property)
What are Nominal damages?
Nominal amount to recognize that the plaintiff has been wronged
What are Punitive damages?
Money awards to punish the Defendant
What are the 3 categories of Torts?
1) Intentional Torts
2) Unintentional Torts (Negligence)
3) Strict Liability Torts
What does the law protect under Intentional Torts Against Persons?
1) protects a person from unauthorized touching, restraint, or other contact
2) Also protects a person’s reputation and privacy
What are the elements of Assault?
1) Intentional Tort
2) The threat of immediate harm or offensive contact or
3) any action that arouses reasonable apprehension of imminent harm
Is actual physical contact necessary for assault?
No
What are the elements of Battery?
1) Intentional Tort
2) Unauthorized and harmful or offensive physical contact with another person,
3) actual physical contact is unnecessary between victim and perpetrator
4) May accompany assault
What are the elements of the Doctrine of Transferred Intent?
1) Party A intends to harm Party B, but actually injures Party C
2) Law transfers perpetrator’s intent from target to actual victim
3) Victim can then sue perpetrator
What is False Imprisonment?
The intentional confinement or restraint of another person without authority or justification and without that person’s consent
What are some methods that quantify as False Imprisonment?
1) Physical force
2) Barriers
3) Threats of physical violence
4) False arrest
What is required to qualify as False Imprisonment?
1) Threat of future harm or moral pressure is not enough
2) Must be complete imprisonment
What is the exception to False Imprisonment?
the Merchant Protection Statute
What is the Merchant Protection Statute?
merchants may stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment
What are the 3 elements/requirements to the Merchant Protection Statute?
1) There must be reasonable grounds for the suspicion
2) Suspects are detained for only a reasonable time (15 min)
3) Investigations are conducted in a reasonable manner
What is a Misappropriation of the Right to Publicity?
1) An intentional tort
2) An attempt by another person to appropriate a living person’s name or identity for commercial purposes
What is a Misappropriation of the Right to Publicity also known as?
A Tort of Appropriation
What is Defamation of Character?
1) Intentional Tort
2) False statement made by one person about another
What must the plaintiff prove to have a successful Defamation case?
1) The defendant made an untrue statement of fact about the plaintiff and,
2) the statement was intentionally or accidentally published to a third party
What are the elements of Invasion of the Right to Privacy?
1) Intentional Tort
2) Tort that constitutes the violation of a person’s right to live his or her life without being subjected to unwanted and undesired publicity
3) Placing one in a “false light”
What is considered published, in regards to Defamation?
Communicated to a third party unintentional or not
What is Slander Defamation of Character?
oral defamation of character