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TORTS CH 2

Quiz yourself by thinking what should be in each of the black spaces below before clicking on it to display the answer.
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Question
Answer
Having the knowledge and desire that a specific consequence will result from an action   Intent  
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The defendant knows that the plaintiff's damage is probably going to occur as a result of the defendant's actions   Substantial certainty  
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The mental desire and will to act in a particular way   Specific intent  
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Doctrine that holds a person liable for the unintended result to another person not contemplated by the defendant   Transferred intent doctrine  
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A standard of values having soundness or moral principle and character   Integrity  
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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  
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Asking whether or not an ordinary or average person would find the action offensive or harmful   Reasonable person test  
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The body and clothing of an individual as well as anything attached or an extension of the body such as a purse   Person  
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A small amount of money given to the nonbreaching party as a token award to acknowledge the fact of the breach   Nominal damages  
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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  
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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  
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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  
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Jury   Trier of fact  
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Intentional act involving extreme and outrageous conduct resulting in severe mental anguish   Intentional infliction of emotional distress  
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Initiating a criminal prosecution or civil suit against another party with malice and without probable cause   Malicious prosecution  
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The totality of circumstances leads one to believe certain facts or circumstances exist / Applies to arrests, searches and seizures   Probable cause  
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Person's doing of any act in reckless disregard of another person   Malice  
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Using the threat of resorting to the legal system to extract agreement to terms against the other party's will   Abuse of process  
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An act of communication involving a false and unprivileged statement about another person, causing harm   Defamation  
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Written defamatory statement   Libel  
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Damages that are presumed under the law to result naturally from an act and do not require proof   Presumed damages  
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Oral defamatory statements   Slander  
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Slander that is actionable without the plaintiff providing proof of damages   Slander per se  
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Slander that requires proof of damages   Slander per quod  
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Trespassing on or encroachment on the possessions of another   Intrusion  
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Stealing and using someone's identity or image   Appropriation  
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Stated in the news or printed in a newspaper   Public disclosure  
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An untrue and misleading portrayal of a person   False light  
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Created by: thesbaum
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