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Flashcards in Chapter6 Deck (41)
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1

compensates those who have suffered a loss or injury due to another person's wrongful act.

tort

2

meant to reimburse the plaintiff for actual losses in an effort to make one whole again

compensatory damages

3

type ot compensatory damage where the plaintiff is compensated for monetary losses ex. wages, medical expenses etc.

special damages

4

type of compensatory damages that compensate individuals for pain and suffering

general damages

5

damages that punish the wrongdoer

punitive damages

6

intentional failure to perform a manifest duty in reckless disregard of the consequences of such a failure for the life or property of another

Gross negligence

7

What are the 3 types of reforms made to tort law

1. limiting the amount of punitive damages and general damages that can be awarded
2. capping the amount attorneys can take on contingency fees
3. requiring the losing party to pay both the plaintiff's and defendant's expenses

8

lawsuit in which a large number of plaintiffs bring the suit as a group

class action

9

tort where the tortfeasor must intend to commit an act the consequences of which interfere with another's personal or business in a way not permitted by law

intentional tort

10

the one committing the tort

tortfeasor

11

defendant intends to harm one individual but unintentionally harms a second person

transferred intent

12

is any intentional and unexcused threat of immediate harmful or offensive contact - words or acts that create a reasonably believable threat

assault

13

an unexcused and harmful or offensive physical contact intentionally performed

battery

14

the intentional confinement or restraint of another person's activities without justification

false imprisionment

15

an intentional act that amounts to extreme and outrageous conduct resulting in severe emotional distress to another

intentional infliction of emotional distress

16

capable of serving as the ground of a lawsuit

actionable

17

wrongfully hurting a person's good reputation

defamation

18

making false defamatory statements of fact about others in writing or permanent form

lible

19

making false defamatory statements of fact about others in an oral form

slander

20

4 Requirements for proving defamation

1. defendant made a false statement of fact
2. the statement was understood as being about the plaintiff and tended to harm the plaintiff's reputation
3. the statement was published to at least one person other than the plaintiff
4. if the plaintiff is a public figure he or she must prove actual malice

21

what are the damages for libel

general damages

22

what are the damages for slander

special damages to establish the defendants liability the statements caused them to suffer economic harm

23

what are the 4 types of slander per se

1. statement that another has a particular type of disease
2. statement that another has committed improprieties while engaging in a profession or trade
3. statement that another has committed or has been imprisoned for a serious crime
4. A statement that a person is unchaste or has engaged in serious sexual misconduct

24

a person will not be liable for defamatory statements because she or he enjoys a _____

privilege

25

privilege held by judicial proceedings and certain government positions

absolute privilege

26

type of privilege where if the statement is made in good faith and the publication is limited to those who have a legitimate interest then the statement is ok

qualified privilege

27

false and defamatory statements are fair game on this group of people unless they show actual malice

public figures

28

means with either knowledge of its falsity or reckless disregard of the truth

actual malice

29

type of invasion of privacy where someone's home or property is invaded or searched

Intrusion into an individuals affairs or seclusion

30

events or publications that attributes ideas and opinions not held by that person

false light