Intentional Torts - Chapter 2

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Intentional Torts - Chapter 2
2011-09-20 00:51:54
Intentional Torts

Chapter 2 Intentional Torts
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  1. 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.
  2. 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
  3. Battery
    When the defendant causes harmful or offensive contact to the plaintiff.

    Intentional Act

    Make contact

    Harmful or Offensive to a “reasonable person”.
  4. 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.
  5. Prima facie
    Latin: "At first sight"

    The party has presented adequate evidence to prove a particular point.
  6. Proximate Cause
    Proof that the defendant's actions were the legal cause of the plaintiff's injuries.
  7. Foreseeability
    The legal requirement that the plaintiff be a person who would likely be injured by the defendant's conduct.
  8. 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)
  9. 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
  10. 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
  11. Bystander Emotional Distress
    • Witnessing a horrific event
    • Causes emotional distress
  12. 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.
  13. 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.
  14. 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.
  15. 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
  16. Chattel
    Personal property, including animals.

    • Intentional
    • Unprivileged interference with the
    • Plaintiff's personal property
    • That results in damages to or loss of the property
  17. Temporary Protective Order (TPO)
    Temporarily stops the nuisance until the court can hear the case. (Or TRO, Temporary Restraining Order in a criminal case)
  18. Conversion
    Taking someone else's property or damaging their property beyond repair.