Académique Documents
Professionnel Documents
Culture Documents
BATTERY ASSAULT FALSE IMPRISONMENT Force or threat of force; physical barrier; assertion of legal authority; threats of duress Intent to restrain the individual INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Extreme or outrageous conduct
ACT
Contact
An act by force or threat of force Intent to cause consequences {apprehension of contact or the contact itself} Direct or Indirect Reasonable fear or apprehension of imminent harmful or offensive conduct {Objective Standard}
CAUSATION
Direct or Indirect
Direct or Indirect
Direct or Indirect
CONSEQUENCE(S) TO PLAINTIFF
Involuntary confinement
AVAILABLE DEFENSES
N/A
N/A
N/A
Defamation Claims
FAULT STANDARD DAMAGES BURDEN OF PROOF RE: FAULT
PUBLIC OFFICIAL
Actual malice
Presumed & punitive {Okay by implication ~ must prove actual malice} Presumed & punitive {Okay by implication ~ must prove actual malice} Actual injury Presumed or punitive {if actual malice is proven} Presumed & punitive {Dont have to prove actual malice}
PUBLIC FIGURE
Actual malice
Negligence {@ a minimum} Left open for state to decide {Gertz case} Maybe Neg. Dunn and Bradstreet suggest maybe strict liability.
Preponderance of the evidence, Burden on P if D is member of mediaper Hepps. Preponderance of the evidence {if false standard}; otherwise may be strict liability.
Defamation ~ Analysis
ELEMENTS DEFENSES & PRIVILEGES LAST CHANCE {PLAINTIFFS REBUTTAL} Malice? Common law malice = spite or ill will Actual malice = knowledge or reckless disregard Privileges Abuse? Causing harm to the plaintiffs reputation Absolute Privileges Qualified Privileges
Defamatory statement
Defenses
Truth
Strict Liability: Defendant may be liable even if he used the utmost care.
Products Liability
Design Defect
Failure to Warn
Private Nuisance
Assault
False Imprisonment
Intrusion
Act
Intent
Harm
Contact of a harmful or offensive nature must not be initial aggressor must reasonably conclude force is necessary to protect himself against imminent harm
Battery
Consent
Self-Defense
Defenses
Majority = stands in shoes of person defended Defense of Others Minority = must reasonably believe defended person had right to use force
May never use deadly force Defense of Property Must make prior demand that intruder cease
Act
To cause someone to be apprehensive of receiving a harmful or offensive contact Resulting apprehension of an imminent harmful or offensive contact
Defenses
Act
Intent
IIED Harm
All battery defenses Defenses 's lack of knowledge of 's unusual susceptibility to emotional distress
Act
Intent
To confine someone
False Imprisonment
Result
Harm
Defenses
Lawful arrest
Shopkeeper's Privilege: merchant may detain suspected shoplifter for reasoanble time if he has probable cause that is stealing
Act
Intent
Trespass to Land
Harm
Consent of person in lawful possession Entry to reclaim 's own property on 's land Entry under private or public necessity
Defenses
Defamatory Statement One which subjects to hatred, contempt or ridicule or which lowers the esteem in which is held by third parties
Of or Concerning Plaintiff
Someone must recognize statement is about this particular must be a living human being Group defamation Small group {>25}: all members have action even if statement not all-inclusive Medium group {25-150}: may give each member cause of action if all-inclusive Large group {<150}: no member may sue
Publication At least one third party must hear statement and understand defamatory nature must be at least negligent with regard to publication
Defenses Truth Absolute Privilege Qualified Privilege Common Interest Employer Reference Fair Comment Fair & Accurate Reporting First Amendment Qualified Privilege
Intrusion
Appropriation
Newsworthiness is a defense
False Light
Statement which gives the public a misleading impression of {even if statement is technically true}