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Chapter 9 1 Assault The tort of intentionally putting someone in fear of harmful physical contact such as making a fist in a way suggestive of an imminent punch Also crime of intentionally causing physical injury to another person 2 Battery The tort of causing harmful physical contact to a person such as punching someone 3 Criminal Possession of Stolen Property Act of knowingly taking possession of stolen property with intent to benefit someone other than the owner 4 Defamation The tort of making false written statements about someone to a third person when those statements subject the former to ridicule or scorn 5 Defraud The cheat or trick intentionally misrepresenting an important fact intending for someone to rely on the misrepresentation and thereby suffer damages 6 Evict legal process by which a judge grants the removal of a tenant by force if necessary from rental property for a specific reason i e not paying rent 7 Excessive Force Unnecessary force more than is required to defend oneself 8 False Arrest Intentional and unprivileged detention or restraint of another person 9 Issuing a bad check a check for which the maker has insufficient funds in the bank or a chick written on an account that has been closed 10 Forgery the unauthorized alteration completion or making of a written instrument with intent 11 Libel written defamation 12 Lien a charge or obligation due or owing against real or personal property for the satisfaction to defraud or deceive of a debt 13 Privilege an ability to communicate alleged wrongful acts without fear of a lawsuit for statements believed to be true but ultimately determined to be false 14 Slander the tort of making defamatory statements orally as opposed to in writing 15 Trespass entry of another s property without right or permission Chapter 10 is not admissible in court 1 Exclusionary role The rule that holds evidence obtained in consequence of a warrantless search 2 False arrest Intentional and unprivileged detention or restraint of another person 3 Identity theft Obtaining personal financial information about a credit card holder without authority to do so and illegally using that information for the thief s economic gain Intentional infliction of emotional distress a tort in which the offending conduct must be outrageous or so extreme as to go beyond all possible bounds of decency and be regarded as atrocious and utterly intolerable in a civilized community 4 5 Probable cause A reasonable ground for belief in certain alleged facts facts sufficient for reasonably intelligent and prudent person to believe the defendant committed a crime or that evidence of a crime is located in the place the police want to search 6 Search warrant an order from a judge commanding a police officer to search a designated place for evidence of criminal activity Chapter 11 1 Class action a lawsuit brought by a group of persons who are similarly situated 2 Foreign natural substance test a test that holds that the presence of an object natural to a food product does not breach the warranty implied in its sale 3 Kosher a designation referring to food prepared consistent with Jewish religious requirements 4 Merchantable and implied warranty that refers to the sale of good including food and establishes a standead of avg quality and requires that the goods be fit for their ordinary purpose 5 Privity of contract a contractual relationship that exists between two parties 6 Reasonable expectation test a test that examines whether an object found in food ought to have been anticipated by the consumer If so its presence in the food does not constitute a breach of the warranty 7 Strict products liability the doctrine that imposes liability on the seller of a defective product without regard to negligence 8 Uniform Commercial Code UCC A set of rules designed to simplify and modernize the law governing the sale of goods including food Chapter 12 1 Dram shop act a statute that imposes liability on establishments that sell alcohol for injuries resulting from certain illegal alcohol sales Liquor liability insurance insurance purchased by a liquor licensee to cover Dram shop liability 2 3 Visibly intoxicated a person whose appearance or actions indicate that his is intoxicated Sale of alcohol to them is illegal and can result in Dram Shop liability


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FSU HFT 3603 - Chapter 9

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