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19 Cards in this Set
- Front
- Back
Intentional torts
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types of behavior that indicate either the wrongdoers conscious desire to cause harm or the wrongdoers kwowledge that such harm was substantially certain to result. harm to the plantiff
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Preponderance of the evidence
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plaintiffs burden of proof in a tort case. both sides have presented their evidence, the greater weight of the believeable evidence must be on plaintiffs side
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Battery
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unwanted touching without consent
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Assault
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reasonable apprehension of imminent physical harm
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False imprisonment
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confinement without consent
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Defamation
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publication of an untrue statement regarding a person’s reputation or character
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Libel
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written defamation, considered more serious
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Slander
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oral defamation
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Absolute privilege
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they can never serve as a basis for a successful defamation suit
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Conditionaly privileged
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they can serve as a basis for a successful suit if the person publishing tha statement abuses the privilege
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Malice
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knowledge of falsity or reckless disregard for the truth
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Malicious prosecution
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institution of criminal proceedings with malicious intent and without probable cause
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Abuse of process
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repeated institution of civil legal proceedings with a wrongful motive
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Trespass
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entry onto another’s land without consent
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Trespass to "chattels" (personal)
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interference with another’s personal property
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Conversion
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unlawful “dominion” over the personal property of another
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Disparagement
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false and harmful statements about products or services
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Intentional interference with contract
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inducing another to breach his/her contractual obligation or to prevent a person from performing a contractual obligation
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Intentional interference with exonomic expectations
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unreasonable interference with another’s business
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