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16 terms

Karen Kent LAP 105 Torts

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Affirmative defense
Acknowledging that the complaint-of conduct occurred, the defendant puts forward facts creating circumstances of justification or excuse
Apprehension
Awareness, perception, knowledge of an impending physical contact
Assault
Voluntary, unconsented to touching of the person of another
Battery
Intentional, unconsented to touching of the person of another
Consent
Voluntary agreement to defendant committing an act that would be tortious but for the agreement
False imprisonment
Intentional restraint of another person's freedom of movement by means of devise, threat, force or threat of force
Intent
The intent to cause a specific proscribed harm
Intentional infliction of emotional distress
Outrageous conduct by defendant intended to cause plaintiff severe emotional distress and in fact causing severe emotional distress
Outrageous conduct
Conduct so extreme as to exceed the bounds of that usually tolerated in a civilized community
Prima facie case
The totality of all the elements required to prove a particular tort
Severe emotional distress
Emotional distress of such substantial quantity and enduring quality that no reasonable person should be expected to endure it
Tortfeasor
Person committing a tort
Tortious
In the nature of or having the quality of a tort
Voluntariness
The requirement that a defendant's act or words be the product of defendant's will
Preponderance of the evidence
Evidence sufficient to establish that more likely than not that an alleged fact is true
Beyond a reasonable doubt
Evidence sufficient to establish to an abiding mortal certainty that an alleged fact is true