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Chapter 6, 7Intentional Tort- harm caused by a deliberate actionAssault- an act that makes a person reasonably fear an imminent batteryBattery- an intentional touching of another person in a way that is harmful or offensive False Imprisonment- the intentional restraint of another person without reasonable cause and without consent Intentional Infliction of Emotional Distress- psychological harm that requires outrageous conduct + extreme emotional harm- Zone of Danger test: did not have to suffer physical injury but could haveDefamation- intentional false statement about someone that injures that person’s reputation Libel- Printed or broadcasted defamation Slander- Spoken defamation Publication- communication to a third partyDefamation per se - Loathsome Disease- Unfitness for Trade, Profession- Imputation of a Crime- Sexual Profligacy by a woman Person Involved? Public Official: must prove actual malice (knowingly make a false statement with reckless disregard or knowing falsehood)Public Figure: must prove actual malice (knowingly make a false statement with reckless disregard or knowing falsehood)Private Person Involved in a Public Controversy: less protection under defamation laws because of publiccontroversy Private Person: can’t have opinion of something that is independently verifiable. Something which reasonable minds can differ ‘Actual Malice’- knowingly false or reckless disregard of the truth or falsityDefenses- Truth: absolute defense - Privilege: absolute or qualified - Statement of Opinion Invasion of Privacy- based on a ‘reasonable expectation of privacy’, is not essential to the truth- Intrusion on Solitude - Public Disclosure of Private Facts- False Light - Appropriation of Name or Likeness (Text calls this privacy violation ‘commercial exploitation) Fraud- (Also known as Intentional Misrepresentation, Deceit)- Affirmative Misrepresentation or Omission - Made Intentionally (with Scienter) - Reasonably relied on by another - To his/her/its detriment/harm/ damage Trespass- physical onto property Nuisance- interference with other’s use of property or interferes with enjoyment of other’s propertyConversion- theft, tort version Tortious Interference with Contract: must prove that - There was a contract between the plaintiff and a third party- Defendant knew of the contract- Defendant improperly induced the third party to breach the contract or made performance of the contract impossible - There was injury to the plaintiff Tortious Interference with Prospective (Economic) Advantage- malicious interference with a developing economic relationship Chapter 8Essentials for a Crime (Criminal Liability) - Existing Criminal Statute - Criminal Act- Criminal Intent Incapacity (Defenses to a Crime) - Infancy: minors - Insanity- M’Naghten test: craziness, insane - Irresistible Impulse- Intoxication: lack of specific intent, weakest defense, only lessens charges Miranda Rights/warnings - Custodial interrogation - Knowing and voluntary waiver of Constitutional rights Exclusionary Rule - Good faith: reasonable belief that they were acting according to legal authority - Inevitable Discovery White Collar Crime- financially motivated nonviolent crime committed for illegal monetary gain. RICO (Racketeer Influenced and Corrupt Organizations Act of 1979) - Criminal RICO - Civil RICO, including treble (3x) damages - Federal law sets additional penalties for ‘pattern of racketeering activities - Used against business professionals, not just gangsters, white collar crimes Constitutional Rights/Criminal prosecution - 4th amendment: no unreasonable search or seizure. Arrest warrants, search warrants based on proper showing of ‘probable cause’ - 5th amendment: no forced self-incrimination, due process, no double jeopardy - 6th amendment: right to speedy trial, right to jury trial, right to public trial, right to confront witnesses, right to counsel. - 8th amendment: no cruel and unusual punishment, no excessive bail Arrest warrants, search warrants- issued on probable cause, except if grounds for a warrantless search Pleas- Guilty, Not Guilty or No contest - Specific admissions of fact as part of Guilty plea, effect on later civil lawsuit filed by plaintiff(s) claiming to have been injured by criminal conduct - Effect of no contest plea on criminal conviction/punishment. (Defendant accepts the charges but does not plead guilty. Usually lessens charges)- Effect of no contest plea on later civil lawsuit filed by plaintiff(s) claiming to have been injured bycriminal conduct. - Plea


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CSULA FIN 205 - Chapter 6

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