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Having the knowledge and desire that a specific consequence will result from an action Intent
The defendant knows that the plaintiff's damage is probably going to occur as a result of the defendant's actions Substantial certainty
The mental desire and will to act in a particular way Specific intent
Doctrine that holds a person liable for the unintended result to another person not contemplated by the defendant Transferred intent doctrine
A standard of values having soundness or moral principle and character Integrity
An intentional and unwanted harmful or offensive contact with the person of another / The actual, intentional touching of someone with the intent to cause harm, no matter how slight the harm Battery
Asking whether or not an ordinary or average person would find the action offensive or harmful Reasonable person test
The body and clothing of an individual as well as anything attached or an extension of the body such as a purse Person
A small amount of money given to the nonbreaching party as a token award to acknowledge the fact of the breach Nominal damages
An amount of money awarded to a nonbreaching party that is not based on the actual losses incurred by that party, but as a punishment to the breaching party for the commission of an intentional wrong Punitive damages
Intentional, voluntary movement that created fear or apprehension of an immediate, unwanted touching / The threat or attempt to cause a touching , whether successful or not, provided the victim is aware of the danger Assault
Any deprivation of a person's freedom of movement without that person's consent and against his or her will, whether done by actual violence or threats False imprisonment
Jury Trier of fact
Intentional act involving extreme and outrageous conduct resulting in severe mental anguish Intentional infliction of emotional distress
Initiating a criminal prosecution or civil suit against another party with malice and without probable cause Malicious prosecution
The totality of circumstances leads one to believe certain facts or circumstances exist / Applies to arrests, searches and seizures Probable cause
Person's doing of any act in reckless disregard of another person Malice
Using the threat of resorting to the legal system to extract agreement to terms against the other party's will Abuse of process
An act of communication involving a false and unprivileged statement about another person, causing harm Defamation
Written defamatory statement Libel
Damages that are presumed under the law to result naturally from an act and do not require proof Presumed damages
Oral defamatory statements Slander
Slander that is actionable without the plaintiff providing proof of damages Slander per se
Slander that requires proof of damages Slander per quod
Trespassing on or encroachment on the possessions of another Intrusion
Stealing and using someone's identity or image Appropriation
Stated in the news or printed in a newspaper Public disclosure
An untrue and misleading portrayal of a person False light
Created by: thesbaum