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Chapter 18

Terms in this set (33)

intentional tort
person acts with the purpose and determination of injuring another person or their property
compensatory damages
awards to compensate for harm caused by a defendant
nominal damages
symbolic awards of money; awarded to recognize that a defendant was wrong even though he/she did not cause substantial injury or loss
punitive damages
amounts of money awarded to a plaintiff to punish the defendant for malicious, willful, or outrageous acts
batery
a person intentionally causes harmful/offensive contact with another person
harmful/offensive contact
any action that can be considered offensive to another person that causes emotion, psychological, or physical damage
assault
a person intentionally puts someone in fear of an immediate harmful/offensive contact
infliction of mental distress
intentionally using words or actions that are meant to cause someone fright, extreme anxiety, or mental distress
false imprisonment
keeping someone under unreasonable restraint by intentionally and wrongfully confining another person against their will
defamation
written or spoken expression about a person that is false and damages their reputation
slander
oral statements that harm a reputation
libel
written statements that are false
malice
knowledge of falsity or reckless disregard for the quality
How does tort law protect property?
protects against interference with an owner's use of a property, loss of property, and damages
real property
land and the items attached to it
personal property
anything that can be moved
intellectual property
ownership of a creation from a person's mind
trespass
tort that occurs when a person goes into another person's property without permission
nuisance
unreasonable interference with the use and enjoyment of a property
injunction
court order requiring a defendant to stop activity a plaintiff has complained about
attractive nuisance
doctrine that says if a person keeps something on his or her premises that is likely to attract children, the person mush take reasonable steps to protect children against dangers that it might cause
conversion
someone unlawfully exercises control over the personal property of another person scenario
patent
federal protection for a novel invention or design giving the inventor exclusive rights for a period of time
copyright
the protection of a creative fixed expression giving the owner exclusive rights to the expression
infringement
unlawful use of a patented or copyrighted product
public domain
20 years after a patent is lost and can be reproduced by another distributor
first sale
once a copyright owner sells a copy of their work, the lawful owner of the particular copy may resell that copy
first use
although a copyright infringement has occurred, the violation was minor
consent
most common defense of intentional torts; a plaintiff agreed to the conduct
privilege
defendant's interest require a conduct and it was done in the interest of the public
legal authority
rights granted to officials
self-defense
action used to protect an individual from harm by another person
defense of property
use of reasonable force to defend a home or land
THIS SET IS OFTEN IN FOLDERS WITH...