Terms to Memorize

Assault

The intentional threatening of another with battery and the creating of reasonable apprehension of immediate bodily harm in the victim.

Battery

The intentional, harmful or offensive touching of another.

False Imprisonment

The intentional confinement of the plaintiff by the defendant.

Trespass to Land

An intentional entry upon real property in the possession of another.

Defamation

A false and defamatory statement, published intentionally or negligently to a third person, that the third person understood applied to the plaintiff, and which caused damage to the plaintiff.

Recovering Damages from Defamation

In addition to proving each element of defamation, the plaintiff is required to show that they made a demand for a retraction from the defendant that would be given equal publicity, and the plaintiff must show that the defendant has refused to give the retraction.

Joint Tortfeasors

Consists of two or more persons who join together to commit a tortious act. Each is vicariously liable for the acts done by the other in the furtherance of the common design.