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19 Cards in this Set

  • Front
  • Back
Intentional torts
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
Preponderance of the evidence
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
Battery
unwanted touching without consent
Assault
reasonable apprehension of imminent physical harm
False imprisonment
confinement without consent
Defamation
publication of an untrue statement regarding a person’s reputation or character
Libel
written defamation, considered more serious
Slander
oral defamation
Absolute privilege
they can never serve as a basis for a successful defamation suit
Conditionaly privileged
they can serve as a basis for a successful suit if the person publishing tha statement abuses the privilege
Malice
knowledge of falsity or reckless disregard for the truth
Malicious prosecution
institution of criminal proceedings with malicious intent and without probable cause
Abuse of process
repeated institution of civil legal proceedings with a wrongful motive
Trespass
entry onto another’s land without consent
Trespass to "chattels" (personal)
interference with another’s personal property
Conversion
unlawful “dominion” over the personal property of another
Disparagement
false and harmful statements about products or services
Intentional interference with contract
inducing another to breach his/her contractual obligation or to prevent a person from performing a contractual obligation
Intentional interference with exonomic expectations
unreasonable interference with another’s business