Term
|
Definition
1) Intent,
2) Harmful/ Offensive Conduct,
3) person or something closely connected |
|
|
Term
|
Definition
1) Intent
2) Reasonable Apprehension
3) Imminent battery
Attempted battery or intent to cause reasonable apprehension. Didn't see the punch coming is no defense to attempted battery. |
|
|
Term
| False Imprisonment (Tort) |
|
Definition
1) Intent
2) Confinement
3) Against Will
4) P knows or is injured |
|
|
Term
|
Definition
1) Intent or recklessness
2) extreme and outrageous conduct
3) causation
4) severe emotional distress |
|
|
Term
| Trespass to Land (Intentional) |
|
Definition
1) Intent
2) Entry
3) P's Land |
|
|
Term
|
Definition
1) Intent
2) Interference
3) P's Chattel
4) Harm |
|
|
Term
|
Definition
1) Intent
2) Dominion and Control
3) Substantial Interference |
|
|
Term
|
Definition
libel that is not apparent on its face.
Must plead and establish extrinsic facts to establish that the libel was defamatory and referred to the P. |
|
|
Term
|
Definition
1) Crimes of moral turpitude (any crime in OH)
2) loathsome disease
3) behavior or characteristics that are incompatible with profession, business, or office
4) unchastity to a woman |
|
|
Term
| Defamation (Constitutional) |
|
Definition
Public Figure - Malice (Knowing falsity/ recklessness) + Defame. By C and C
Private Actor/ Public Interest - Neg. + Defame
Private Actor/ No Interest- De |
|
|
Term
| Appropriation of Identity/ Likeness |
|
Definition
Unauthorized use of the P's identity or likeness for PROMOTION of product or service.
Fact D derived benefit from use is not enough, must be used as promotion. Biography ok. |
|
|
Term
| Public Disclosure of Private Facts |
|
Definition
Unreasonable disclosure of private facts about P to public.
PUBLIC, just a 3P is not enough. Must be portion of life that is not open to public view or inspection, and not public record.
Not actionable if newsworthy. Private matters in public records are absolutely privileged. |
|
|
Term
| Portrayal in a False Light |
|
Definition
Publishing matters that portray a P in false light.
Must communicate to a substantial number of people.
False light: attributing to the P views he does not hold OR attributing actions to him that he did not take.
Reasonable person would find it highly offensive. |
|
|
Term
|
Definition
Primary purpose other than to bring a guilty person to justice.
D lacks PC. 1) A reasonable person with same facts would not have believed that the plaintiff was guilty. 2) D did not actually believe that the P was guilty. Prosecution must end in some form of innocence. (No technical dismissal) |
|
|
Term
|
Definition
D intentionally misuses a judicial process for a purpose other than that for which the process is intended.
Need not show lack of PC |
|
|
Term
| Wrongful Institution of Civil Proceedings |
|
Definition
Active part in a civil proceeding if:
1) acts without basis and primarily for a purpose other than that of secuiring the proper adjudication. AND
2) EXCEPT ex parte, proceedings have terminated in favor of the person against whom they are brought |
|
|
Term
| Intentional Misrepresentation (Fraud) |
|
Definition
Intentional misrepresentation
2) Scienter
3) Material and justifiably relied upon
4) Causes damage |
|
|
Term
| Intentional Misrepresentation (Fraud) |
|
Definition
1) Intentional misrepresentation
2) Scienter
3) Material and justifiably relied upon
4) Causes damage |
|
|
Term
| Ongoing Misrepresentation Exception |
|
Definition
| Any P may recover for misrepresentation regardless of D's intent if it is ongoing (mislabeled product). |
|
|
Term
| Negligent Misrepresentation |
|
Definition
1) Misrepresentation
2) Negligently disclosed
3) Material and justifiably relied upon
4) Causes damage (but only to the person whom the misrepresentation was made OR any other specific person or ID'ble group of persons that the D knew would rely |
|
|
Term
| Interference with Contractual Relations |
|
Definition
Inducing breach of contract OR interference with contract
Contract must be:
1) in force and effect
2) be legal AND
3) no opposed to public policy |
|
|
Term
| Interference with Prospective Advantage |
|
Definition
Intefering with probable expectancy interests in future contractual relations, gifts, or legacies in a will.
Liable where D's conduct is unlawful or malevolent. Competition is a privilege. |
|
|
Term
|
Definition
False statement made to another that causes economic injury to the P.
P must prove falsity. D must intend to cause others not to do business with the P OR to interfere with the P's relations. |
|
|
Term
|
Definition
1) Causal
2) Unlawful Killing
3) Human Being
4) Under criminal state of mind not amounting to malice: heat of passion, inadequate provocation, OR extreme emotional disturbance |
|
|
Term
|
Definition
1) Causal Killing
2) Of another
3) contrary to the intention of the parties
4a) during the execution of an unlawful act
4b) during reckless or negligent performance of a lawful act |
|
|
Term
| Assault (Common law Crime) |
|
Definition
1) Threatening Conduct
2) Intent to injure or frighten
3) creates a reasonable apprehension of immediate physical harm
OR
1) Threatening conduct
2) intent to injure or frighten |
|
|
Term
|
Definition
1) Intentional
2a) Movement of any sort
2b) mere detention with intent |
|
|
Term
| False Imprisonment (Common Law/ Crime) |
|
Definition
| Any unlawful restraint of liberty. Lesser included offense to kidnapping. |
|
|
Term
|
Definition
1) False representation of PRESENT or PAST fact
2) causes
3) pass title
4) of property to wrongdoer
5) 1) who knows representation to be false AND
6) intends thereby to defraud the victim |
|
|
Term
|
Definition
1) False representation of fact
2) causes
3) pass possession
4) of property to wrongdoer
5) 1) who knows representation to be false AND
6) intends thereby to defraud the victim |
|
|
Term
|
Definition
1) Fraudulent Conversion
2) of tangible personal property of another
3) by someone in lawful possession |
|
|
Term
|
Definition
1) Material false making or alteration of a writing
2) on a document of legal significant
3) Intent to defraud |
|
|
Term
|
Definition
1) taking possession of stolen property
2) knowledge that it has been acquired in a manner of larceny or theft |
|
|
Term
|
Definition
1) Larceny AND
2) Taken by intimidation of future harm |
|
|
Term
|
Definition
1) Malicious
2) burning of
3) dwelling of
4) another |
|
|
Term
|
Definition
1) person intentionally commits and act OR
2) person must commit the act with intention to commit the target offense
3) Act beyond mere preparation
Note: Always specific intent |
|
|
Term
|
Definition
1) Agreement between two or more person to act in concert
2) agreement to do an unlawful act OR to do a lawful act by unlawful means |
|
|
Term
|
Definition
1) Person intentionally
2) Invites, requests, commands, or encourages
3) another to engage in crime |
|
|
Term
|
Definition
1) An act of D that contributes to the execution of the crime AND
2) intent to aid in its commission |
|
|
Term
|
Definition
1) act which aids the commission of the original offense
2) actual knowledge of a completed crime AND
3) specific intent to aid the felon to avoid justice |
|
|
Term
|
Definition
| Government intrusion into a space where an individual has a REP. |
|
|
Term
|
Definition
| Satisfied with affidavits or testimony that contain facts or circumstances that are still relevant and not out of date, that a reasonable person would conclude it to be more probable than not that evidence of named items or persons will be found. |
|
|
Term
|
Definition
Defendant Competency and
Police conduct |
|
|
Term
|
Definition
| Significant deprivation of movement and may not leave |
|
|
Term
|
Definition
| Police know or should know that their actions are reasonably likely to elicit an incriminating response. |
|
|
