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13 Cards in this Set
- Front
- Back
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Intent |
desire to bring about the consequence of the act or knowledge with substantial certainty that the consequence will flow from the act |
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Doctrine of transferred intent |
intent to commit a tort against one person may be transferred to another person ("the unintended plaintiff"), or the intent to commit one tort may be transferred when the tortfeasor commit a different tort against the person ("the unintended tort") |
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prima facie |
latin for "at first look" evidence before trial is sufficient to prove the case unless there is substantial contradictory evidence presented at trial |
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Battery |
purposeful and unwanted harmful or offensive contact with another person |
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Essential elements of Batt. |
-purposeful -unwanted -harmful/offensive -contact -another person |
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Assault |
purposeful act that causes an apprehension of a harmful or offensive contact |
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Essential element of Assault |
-purposeful -unwanted -reasonable apprehension of immediate harm or offensive contact -another person |
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False imprisonment |
intentional confinement of another within fixed boundaries set by the defendant |
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False arrest |
unprivileged arrest of an individual |
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intentional infliction of emotional distress |
purposeful causing of severe mental anguish by act of extreme or outrageous conduct also call tort of outrage |
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Negligent infliction of emotional distress
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causing emotional distress by an act of unreasonable conduct |
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malicious prosecution |
initiation of a criminal prosecution or civil lawsuit against another party with malice and without probable cause |
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Abuse of process |
use of civil or criminal proceedings for an improper purpose or for an ulterior motive |
