Chapter 18 Intentional Torts

Intentionally With Purpose, done deliberately for a specific reason.

Compensatory Damages In a civil case, money the law requires a defendant to pay a winning plaintiff. It is to make up for the harm the defendant caused the plaintiff. This harm can be financial, (lost wages, medical expenses) physical, (past, present, and future pain and suffering) and in some jurisdictions, mental (fright, shock, anxiety, etc.).

Nominal Damages A token amount of money awarded to the plaintiff to show the claim was justified, even if he or she is unable to prove economic harm.

Punitive Damages Awards in excess of the proven economic loss. In a tort action they are paid to the victim to punish the defendant and to warn others not to engage in such conduct.

Battery Any intentional, unlawful physical conduct inflicted on one person by another without consent. In some states, this is combined with assault.

Assault An intentional threat, show of force, or movement that causes a reasonable fear of, or an actual physical contact with another person. Can be a crime or a tort.

Infliction of Mental (Emotional) Distress A tort in which a defendant engaged in an action that caused emotional harm to the plaintiff.

False Imprisonment The intentional or wrongful confinement of another person against his or her will.

Slander Spoken expression about a person that is false and damages a person’s reputation.

Libel A written Expression about a person that is false and damages a person’s reputation.

Malice Ill will; deliberate intent to harm someone.

Real Property Land and all items attached to it, such as houses, buildings and even and crops.

Personal Property Property or belongings that can be moved, such as cars clothing, furniture and appliances.

Intellectual Property A person’s Idea or invention that is given special ownership protections.

Trespass The unexcused intrusion on, or improper use of, property belonging to another person. This can be the basis of an intentional tort.

Nuisance Unreasonable interference with the use and enjoyment of ones property, usually repeated or continued for prolonged periods of time.

Injunction A court order requiring a person to do or refrain from doing a particular act.

Patent Formal 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. (For example, Matt Groening has the exclusive rights to the Simpson’s Cartoon characters)

Infringement An illegal use of someone’s intellectual property, such as a copyright, patent, or trademark.

Novel New or unique. “That is such a novel idea!”

Monopoly The situation where one company so dominates a market, it essentially controls the market of that product.

Public Domain Property that belongs to the public; the point at which an unprotected idea or invention reaches the public and no longer belongs to the creator.

Derivative Works Works that are very similar to but slightly different from a copyrighted work.

First Sale The purchaser of the first sale of copyrighted material may legally resell his or her copy of the protected work.

Fair Use Use of copyrighted expression that is so minor that it does not constitute unlawful infringement.

Consent Agreeing to something. I give my consent for a student to go to their locker.

Privilege (1) An advantage, or right to preferential treatment, or an excuse from a duty others must perform. (2) A basic right that cannot be taken away. (3) The right to speak or write personally damaging words because the law specifically allows it.

Privilege (cont.) (4) The right and the duty to withhold information from others because of some special status or relationship of confidentiality. These privileges include husband-wife, doctor- patient, and attorney-client

Legal Authority (1) Legal rights granted to officials, giving them certain powers. (2) The body of statutes, case law, and other sources that serve as legal guidance.

Self-defense The right to defend oneself with whatever force is reasonably necessary against an actual or reasonably perceived threat of personal harm.

Defense of Property The use of reasonable force, which may otherwise be illegal, to defend your home or other property.

The End!