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Intentional Tort
A civil action based on a defendant's purposeful, intentional act that causes harm, as opposed to a defendant's act that causes harm through negligence.
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Assault
When the defendant causes the plaintiff to have fear or apprehension of a harmful or offensive contact.
Intentional Act
Cause fear or apprehension
- Of physical or offensive
- contact
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Battery
When the defendant causes harmful or offensive contact to the plaintiff.
Intentional Act
Make contact
Harmful or Offensive to a “reasonable person”.
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Elements
The points raised by the plaintiff in his complaint that must also be proved at trial; failure to prove these points will often result in a dismissal of the plaintiff's case.
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Prima facie
Latin: "At first sight"
The party has presented adequate evidence to prove a particular point.
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Proximate Cause
Proof that the defendant's actions were the legal cause of the plaintiff's injuries.
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Foreseeability
The legal requirement that the plaintiff be a person who would likely be injured by the defendant's conduct.
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False Imprisonment
- Intentional
- Unlawful
- Restraint or confinement of a person
- By the use of force or threats
(Lawful restraint: stopping someone from injuring themselves or others, damaging property, committing a crime; or detain them after committing a crime)
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Alienation of Affections
AKA: Adultery; Loss of Consortium
- Interference with the marriage by the defendant
- Subsequent loss of affection by one spouse for another
- Loss of affection
- Malice
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Intentional Infliction of Emotional Distress (IIED)
- Intentional or Reckless conduct
- Causes severe emotional distress
- By the defendant's outrageous conduct
- Intent is to cause emotional distress
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Bystander Emotional Distress
- Witnessing a horrific event
- Causes emotional distress
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Malicious Prosecution
(Using the legal process in a way that is improper)
- Defendant brings or continues a criminal charge
- against the plaintiff
- Case terminates in the plaintiff’s favor.
- Defendant acted with malice in bringing the
- charge
- There was no probable cause for the charge.
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Immunity
A legal protection that prevents a person from being liable in a civil suit.
(Family immunity: Spouses can't sue each other. Children can't sue parents.
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Trespass
- Intentional and Unprivileged
- Entry onto the plaintiff's real property
- Without permission
Example: Smoke, because it is made of particles that enter your property.
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Nuisance
- Loss of enjoyment or value on the plaintiff’s property because of the
- defendant’s behavior.
- Public nuisance is like a crime, it affects the
- community at large.
Private nuisance is a tort.
Example: Odor, Noise
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Chattel
Personal property, including animals.
- Intentional
- Unprivileged interference with the
- Plaintiff's personal property
- That results in damages to or loss of the property
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Temporary Protective Order (TPO)
Temporarily stops the nuisance until the court can hear the case. (Or TRO, Temporary Restraining Order in a criminal case)
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Conversion
Taking someone else's property or damaging their property beyond repair.
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