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Battery
Intentional inflection of harm or offensive conduct with another. TERM 2
Assault
DEFINITION 2 In law, assault is a crime that involves causing a victim to apprehend violence. The term is often confused with battery, which involves physical contact.Immediate: Threat must be imminent Words Alone Rule: Words alone are not sufficient, they must be accompanied by some "overt" act. TERM 3
Transferred Intent (Battery and
Assault)
DEFINITION 3 If a defendant intends to batter/assault A, but misses and actually batters/assaults B, the defendants intent will be transferred to B. TERM 4
Defenses
DEFINITION 4 Consent, involuntary act, defense of self or others. TERM 5
False Imprisonment
DEFINITION 5 False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort.
False Arrest
False arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. TERM 7
Georgia Statutory Protections For Business
Owners:
DEFINITION 7 No liability for merchant if he/she shows: Plaintiff was acting as a shoplifter to reasonable person and manner of detention and length of time are reasonable. If shown, Plaintiff can not win.If merchant uses security "buzzer" tags, and they ring, that is probable cause and plaintiff cannot win. TERM 8
Defamation
DEFINITION 8 Statement of false fact that harms anothers reputation, character, or business. TERM 9
Libel
DEFINITION 9 False and malicious defamation of another expressed in print, writing, signs, pictures, tending to injure plaintiffs reputation and exposing him/her to public hatred, contempt, ridicule. TERM 10
Slander
DEFINITION 10 Oral/spoken defamation:A) Imputing crime punishable by law to anotherB) Charging another with contagious disease or debasing act.C) Charges against anothers business, trade, profession, calculated to injure plaintiff therein.D) Any disparaging words producing special damages.
Invited Libel
One libeled request or consists to publication of the material to a third part. TERM 17
On-Line Defamation
DEFINITION 17 Treated like slander, one must prove special damages unless it is one of the enumerated categories. Jurisdiction- Where libelous material is delivered and circulated. TERM 18
Fraudulent Misrepresentation
DEFINITION 18 Willful misrepresentation of a material fact gives a cause of action in tort if made to induce another to act.Knowledge of the falsehood of the fact by the defendant is an essential element. TERM 19
Malicious Prosecution
DEFINITION 19 Criminal prosecution carried on maliciously, without probable cause, and it causes damage to the plaintiff. TERM 20
Abusive Litigation
DEFINITION 20 Any person is liable who takes an active part in the initiation, continuation, or procurement of a civil lawsuit against another if it is:A) With maliceB) Without substantial justification - The plaintiff must send a written notice to defendant before suing.
Intentional Infliction of Emotional
Distress
Intentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. TERM 22
Trespass To Land
DEFINITION 22 Trespass to land is a common law tort that is committed when an individual or the object of an individual intentionally enters the land of another without a lawful excuse.Entry: A) Defendant enters, causes another, causes an object.B) Defendant wrongfully remains even if entered wrongfullyC) Defendant fails to remove an object they had duty to removeD) Defendant enters a "restricted area" in a place where they had a right to present. TERM 23
Trespass to Land Can Be:
DEFINITION 23 Pollution, water diversion/obstruction, interference with right of way, building on anothers property.Defenses: Emergency situation/necessity- Consent - Plaintiff had no right to "possess" land/building TERM 24
Trespass
DEFINITION 24 Interference with use, condition, value.Dispossession: Deprive owner of possession for a significant period of time.Intermeddle: Physical contact with property Impair: Damage or harm to condition, quality, or value of property. TERM 25
Conversion
DEFINITION 25 Unlawful taking or exercising control over property of another.- A more serious and permanent "taking" than trespass.Initial taking= Trespass Retention= Conversion
