Chapter 6 7 Intentional Tort harm caused by a deliberate action Assault an act that makes a person reasonably fear an imminent battery Battery 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 have Defamation intentional false statement about someone that injures that person s reputation Libel Printed or broadcasted defamation Slander Spoken defamation Publication communication to a third party Defamation 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 public controversy 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 falsity Defenses 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 Conversion theft tort version Tortious Interference with Contract must prove that Nuisance interference with other s use of property or interferes with enjoyment of other s property 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 8 Essentials 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 Exclusionary Rule Custodial interrogation Knowing and voluntary waiver of Constitutional rights 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 by criminal conduct Plea bargaining