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Absolute Privilege
Exists in courtrooms and legislative hearings. Anyone speaking there, such as a witness in a court, can say anything and never be sued for defamation.
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Assault
An intentional act that causes the plaintiff to fear an imminent battery.
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Battery
The intentional touching of another person in a way that is unwanted or offensive.
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Compensatory Damages
The amount of money that the court thinks will restore the plaintiff to the position he was in before the defendant s conduct caused an injury.
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Conversion
A tort committed by taking or using someone else s personal property without his permission.
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Damages
(1) The harm that a plaintiff complains of at trial, such as an injury to her person, or money lost because of a contract breach. (2) Money awarded by a trial court for injury suffered.
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Defamation
The act of injuring someone s reputation by stating something false about her to a third person.
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Element
A fact that a party to a lawsuit must prove in order to prevail.
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False imprisonment
The intentional restraint of another person without reasonable cause and without her consent.
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Fraud
Deception of another person to obtain money or property.
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Infliction of Emotional Distress
Is a tort. It can be the intentional infliction of emotional distress, meaning that the defendant behaved outrageously and deliberately caused the plaintiff severe psychological injury, or it can be the negligent infliction of emotional distress, meaning that the defendant s conduct violated the rules of negligence.
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Intentional Tort
Is an act deliberately performed that violates a legally imposed duty and injures someone.
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Intrusion
Is a tort if a reasonable person would find the invasion of her private life offensive.
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Libel
is defamation done either in writing or by broadcast.
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Negligence and Strict Liability
Injuries caused by neglect and oversight rather than by deliberate conduct.
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Opinion
Because it cannot be proven right or wrong, an opinion is generally a valid defense in defamation cases.
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Punitive Damages
Money awarded at trial not to compensate the plaintiff for harm but to punish the defendant for conduct that the factfinder considers extreme and outrageous.
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Qualified Privilege
Exists between two people who have a legitimate need to exchange information.
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Single Recovery Principle
Is a rule of tort litigation that requires a plaintiff to claim all damages, present and future, at the time of trial, not afterwards.
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Slander
is defamation done orally.
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Tort
Is a civil wrong, committed in violation of a duty that the law imposes.
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Tortious Interference with a Contract
Is a tort in which the defendant deliberately impedes an existing contract between the plaintiff and another.
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Tortious Interference with a Prospective Advantage
Is a tort in which the defendant deliberately obstructs a developing venture or advantage that the plaintiff has created.
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Trespass
Is a tort committed by intentionally entering land that belongs to someone else, or remaining on the land after being asked to leave
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