Card Set Information

2013-02-13 20:18:24

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  1. Actionable
    Capable of serving as as the basis of a lawsuit
  2. Actual Malice
    A condition that exists when a person makes a statement with either knowledge of its falsity or a reckless disregard for the truth. In a defamation suit, a statement made about a public figure normally must be made with actual malice for liability to be incurred.
  3. Appropriation
    In tort law, the use by one person of another person's name, likeness, or other identifying characteristic without permission and for the benefit of the user.
  4. Assault
    Any word or action intended to make another person fearful of immediate physical harm; a reasonably believable threat.
  5. Battery
    The unprivileged, intentional touching of another
  6. Business Tort
    Wrongful interference with the business rights of another.
  7. Compensatory Damages
    A money award equivalent to the actual value of injuries or damages sustained by the aggrieved party.
  8. Conversion
    The wrongful taking, using, or retaining possession of personal property that belongs to another.
  9. Cyber Tort
    A tort committed via the internet
  10. Defamation
    Any published or publicly spoken false statement that causes injury to another's good name, reputation, or character.
  11. Disparagement of Property
    An economically injurious false statement made about another's product or property. A general term for torts that are more specifically referred to as slander of quality or slander of title.
  12. Fraudulent Misrepresentation (Fraud)
    Any misrepresentation, either by misstatement or omission of material fact, knowingly made with the intention of deceiving another and on which a reasonable person would and does rely to his or her detriment.
  13. Intentional Tort
    A wrongful act knowingly committed
  14. Libel
    Defamation in writing or other form having the quality of permanence.
  15. Privilege
    In tort law, the ability to act contrary to another person's right without that person's having legal redress for such acts. Privilege may be raised as a defense to defamation.
  16. Public Figure
    Individuals that are thrust into the public limelight. Public figures include government officials and politicians, movie stars, well-known businesspersons, and generally anybody who becomes known to the public because of his or her position or activities.
  17. Puffery
    A salesperson's exaggerated claims concerning the quality of goods offered for sale. Such claims include opinions rather than facts and are not considered to be legally binding promises and warranties.
  18. Punitive Damages
    Money damages that may be awarded to the plaintiff to punish the defendant and deter future similar conduct.
  19. Slander
    Defamation in oral form
  20. Slander of Quality 
    The publication of false information about another's product, alleging that it is not what its seller claims
  21. Slander of Title
    The publication of a statement that denies or casts doubt on another's legal ownership of any property, causing financial loss to that property's owner. Also called trade libel.
  22. Spam
    Bulk, unsolicited (junk) email
  23. Tort
    A civil wrong not arising from a breach of contract. A breach of legal duty that proximately causes harm or injury to another.
  24. Tortfeasor
    One who commits a tort
  25. Trade Libel
    The publication of false information about another's product, alleging it is not what its seller claims; also referred to as slander of quality.
  26. Trespass to Land
    The entry onto, above, or below the surface of land owned by another without the owner's permission or legal authorization.
  27. Trespass to Personal Property
    The unlawful taking or harming of another's personal property; interference with another's right to the exclusive possession of his or her personal property