LA 245 Study Guide
Exam 2 Study Guide
Chapter 6:
Torts: a violation of a duty imposed by the civil law. When someone breaks one of those duties and injures another, it is tort
It is up to the injured party to seek compensation – this lawyer has to convince the judge that the defendant breached legal duty and owes money
Intentional torts: harm caused by deliberate action. Ex: newspaper columnist who wrongly accuses someone of being a drunk has committed intentional torts
Libel: written defamation, newspapers
Slander: oral defamation, professor calls sally a drug dealer in class
Defamatory statement: likely to harm another’s reputation
Falseness: statement must be false
Communicated: must be communicated to at least one person other than the plaintiff
Injury: plaintiff must show injury
Slander per se: involves false statement, about sexual behavior, crimes, disease, and professional abilities
False Imprisonment: the intentional restraint of another person without reasonable cause and without consent
Ex: a store may detain a customer or worker for allegedly shoplifting provided there is a reasonable basis for the suspicion and detention is done reasonably
Intentional infliction of emotional distress: an intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm
Battery: the intentional touching of another person in a way that is unwanted or offensive
You don’t have to have intention to harm or hurt but the intention to complete action
Spitting is battery
Assault: occurs when a defendant does some act that makes a plaintiff fear an imminent battery
Fraud: injuring another person by deliberate deception
Damages:
Compensatory damages: money intended to restore a plaintiff to the position he was in before the jury
Single recovery principle: requires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses
Punitive damages: intended to punish the defendant for conduct
Chapter 6:
Torts: a violation of a duty imposed by the civil law. When someone breaks one of those duties and injures another, it is tort
It is up to the injured party to seek compensation – this lawyer has to convince the judge that the defendant breached legal duty and owes money
Intentional torts: harm caused by deliberate action. Ex: newspaper columnist who wrongly accuses someone of being a drunk has committed intentional torts
Libel: written defamation, newspapers
Slander: oral defamation, professor calls sally a drug dealer in class
Defamatory statement: likely to harm another’s reputation
Falseness: statement must be false
Communicated: must be communicated to at least one person other than the plaintiff
Injury: plaintiff must show injury
Slander per se: involves false statement, about sexual behavior, crimes, disease, and professional abilities
False Imprisonment: the intentional restraint of another person without reasonable cause and without consent
Ex: a store may detain a customer or worker for allegedly shoplifting provided there is a reasonable basis for the suspicion and detention is done reasonably
Intentional infliction of emotional distress: an intentional tort in which the harm results from extreme and outrageous conduct that causes serious emotional harm
Battery: the intentional touching of another person in a way that is unwanted or offensive
You don’t have to have intention to harm or hurt but the intention to complete action
Spitting is battery
Assault: occurs when a defendant does some act that makes a plaintiff fear an imminent battery
Fraud: injuring another person by deliberate deception
Damages:
Compensatory damages: money intended to restore a plaintiff to the position he was in before the jury
Single recovery principle: requires a court to settle the matter once and for all, by awarding a lump sum for past and future expenses
Punitive damages: intended to punish the defendant for conduct