Chapter8Fill

Tort

a violation of a duty imposed by the civil law

Individual

the party who hires their own attorney in a tort case, and the plaintiff may receive money damages

Criminal

law that involves the government prosecuting and possibly imposing jail time

Deliberate

type of action that causes harm in intentional torts

Libel

written defamation

Slander

oral defamation

Injury

the fourth element a plaintiff must prove in a defamation claim after defamatory statement, falsity, and communication to a third party

Slander per se

when oral statements relate to criminal or sexual conduct, contagious diseases, or professional abilities

Libel per se

when written statements relate to criminal or sexual conduct, contagious diseases, or professional abilities

Opinion

a valid defense in a defamation suit because it cannot be proven true or false

Actual Malice

what a public official must prove to win a defamation case under New York Times Co. v. Sullivan (1964)

Absolute

privilege that means a witness testifying in court or legislature may never be sued for defamation

Qualified

privilege that applies when parties exchange information in good faith, such as employment references

False Imprisonment

the intentional restraint of another person without reasonable cause and without consent

Intentional Infliction of Emotional Distress

when extreme and outrageous conduct causes serious emotional harm

Battery

an intentional touching of another person in a way that is harmful or offensive

Assault

an act that makes a person reasonably fear an imminent battery

Trespass

intentionally entering land that belongs to someone else without permission

Conversion

taking or using someone’s personal property without consent

Fraud

injuring another person by deliberate deception

Compensatory

damages intended to restore a plaintiff to the position they were in before the injury

Single Recovery

principle requiring a court to settle the matter once and for all by awarding a lump sum for past and future expenses

Punitive

damages intended to punish the defendant for conduct that is extreme and outrageous

Tortious

interference that occurs when one party improperly induces another to breach a contract

Lanham

Act that protects businesses from unfair competition through false or misleading advertisements