Legal Terms Chapter 16 - Intentional Torts Flashcards
Acquitted
Discharged from accusation.
Actionable
Furnishing legal grounds for a lawsuit.
Appropriation of identity
Using likeness or name of another without permission.
Assault
An act that intentionally creates in the victim a reasonable apprehension of an imminent battery.
Battery
The intentional contact with another person without that person’s permission and without justification.
Conversion
The wrongful exercise of dominion and control over the personal property in the possession of another.
Damages
Money which is intended to compensate the injured party for losses caused by the tortious act of the tortfeasor.
Deceit
A misrepresentation of a material, existing fact, knowingly made, that causes someone reasonably relying on it to suffer damages; also called fraud.
Defamation
The wrongful act of damaging someone’s character or reputation by making or repeating a false statement about that person.
False arrest
The intentional confinement of a person without legal justification; also called false imprisonment.
False imprisonment
The intentional confinement of a person without legal justification; also called false arrest.
False light
A media public disclosure that, while not technically false, creates a misleading impression.
Fraud
One person, by false representation of material facts, induces another to act and thereby suffer a financial loss; also called deceit.
Intentional infliction of emotional distress
A type of tort whereby the intentional conduct of a person (extreme and outrageous intentional conduct) results in extreme emotional suffering.
Intentional torts
Torts that are committed intentionally or deliberately; also known as willful torts.
Invasion of privacy
A violation of the right of privacy.
Invasion of solitude
Peeping on someone in a private location.
Libel
Defamation that is communicated by a writing, drawing, photograph, TV program, internet posting, or other broadcast based defamation; this takes precedence over slander.
Malicious prosecution
One person has unsuccessfully brought criminal or civil charges against another, with malice and without probable cause.
Misrepresentation
A false or deceptive statement of act.
Moral turpitude
Immorality.
Negligent infliction of emotional distress
A defendant commits an accidental act that is foreseeable to lead to the plaintiff’s emotional distress; limited in many states.
Nuisance
The use of one’s property in a way that causes annoyance, inconvenience, or discomfort to another.
Per se
In and of itself; taken alone.
Public disclosure of private facts
Revealing sensitive and private information of an individual that is not a public concern and is offensive to make in public.
Private nuisance
A nuisance that disturbs one neighbor only.
Public nuisance
A nuisance that affects the community at large.
Reasonable time
A time, left to the discretion of the judge, that may be fairly allowed depending on the circumstances.
Right of privacy
The right to be left alone, the right to be free from uncalled-for publicity, and the right to live without unreasonable interference by the public in private matters.
Scientor
Knowingly or consciously.
Slander
Oral defamation; notwithstanding that spoken word on TV or radio is libel.
Special damages
Damages that are capable of exact dollar-amount calculations, such as the cost of medical treatment or any loss of wages.
Tortious
Wrongful; implying or involving tort.
Trespass
The intentional and unauthorized entry on the land of another.
Trespass de bonis asportatis
An action brought to recover damages from a person who has taken goods or property from its rightful owner.
Unintentional torts
Torts that are committed accidentally and due to negligence.
Waste
The abuse or destructive use of property that is in one’s rightful possession.
Willful torts
Another name for intentional torts.
