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Affirmative defense

Acknowledging that the complaint-of conduct occurred, the defendant puts forward facts creating circumstances of justification or excuse


Awareness, perception, knowledge of an impending physical contact


Voluntary, unconsented to touching of the person of another


Intentional, unconsented to touching of the person of another


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


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


Person committing a tort


In the nature of or having the quality of a tort


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

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