Midterm will cover chapters 1-5 and the second half of chapter 6.
It will be essays.
Know the definitions.
Assault: Intentional conduct which places another in apprehensive of a battery without lawful justification. Words alone are not an assault. There must be some physical action.
Battery: An unlawful touching. The intentional physical contact with another which is either harmful or offensive without lawful justification.
Offensive - objective standard, to an ordinary reasonable person. However, if the offended person has notified the offender, then continued touching would be offensive to an ordinary person.
Even a joke can be a battery. Remember the case of Southwest Airlines.
Self-defense - can only use the force necessary to stop the offender. Excessive force is a battery.
False Imprisonment
Intentional tort. aka false arrest. Intentional confinement of a person to a bound/confined area, without lawful justification.
Sometimes happens with store security.
Ex: Guy keeps someone on a boat against that person's will. Even though there was no weapon or threats, it still constituted "confinement".
See Russell v. Kinney Contractors pg 139
Shoplifting - security can't search you for no reason. that detention could be false imprisonment. touching could be battery. they can't just say you looked suspicious. they must have some reasonable reason for detaining and searching you.
Infliction of Emotional Distress
This is a new tort (100-120 yrs old). Not in English common law. Due to growth of the field of psychology.
Definition: Extreme and outrageous intentional conduct which results in severe emotional distress with physical manifestations, without lawful justification.
See White vs Monsanto - the conduct did not meet the test of extreme and outrageous conduct, although it did involve severe emotional distress with physical manifestations.
Collections agency once told a woman that her husband was in a car accident in order to lure her into that situation and approach her about the account. It was ruled to be extreme and outrageous conduct.
All elements of the law must be met in order to be guilty of the offense.
Invasion of Privacy
Four torts rolled into one:
1. Use of a person's name or likeness (including voice) without permission. Joan Rivers once sued for voice impersonation.
2. Intrusion into a person's solitude. Includes harassment and unwanted phone calls, wiretapping and searches.
3. Putting someone in a false light. not defamation. defamation is false information. this is misinformation. ex: photo with caption of "alcohol ruining sports"
4. Public exposure of private information. includes drug use and debts. any public records are fair game, including court suits.
Defamation
There are 3 elements to defamation
1. a false and defamatory statement about another person
2. communicated to a 3rd party
3. causes harm to the person about whom the statement was made
and additional element:
Malice - if the person defamed is a public official or figure (sports, entertainer, politician), they must show actual malice, i.e. with the knowledge of its falsity or that the communicator didn't care. This is frequently difficult to prove.
You are presumed damaged by certain types of defamation.
Privilege - things said in a court room are not subject to defamation. Congressmen also have a protection of privilege for what they say on the floor of the Congress.
Malicious prosecution - giving false info to the police so others will be arrested. Similarly, frivolous law suits.
Review:
7 essay questions.
Spelling and grammar are not important.
Some questions on the first amendment
commercial speech and political speech protection - regulated in time, place and manner
limitation on commercial speech (substantial govtal interest) and political speech (high bar)
4th amendment - s&s - two questions
criminial investigatory search
osha type search
warrant requirements
4th amendment protection
probable cause - what does the govt
exegency - w/o a warrant
giant tort question
what are the issues/torts?
numerous issues - is there a tort there?
what is the rule of law
14th amenedment - equal protection
different standards
sex, age
jurisdiction
long arm of the courts to reach out to other states and hear cases
minimal contact - incorporate, some biz in the state, headquarters
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