- exist when the evidence to support the belief that a person is guilty*outweighs the evidence against that belief
- public officials who exercise substantial governmental power-and any persons in the public limeight
- a statement is communicated to a person other than the defamed party
- no proof of injury or harm is required for the utterances to be actionable
- statements made by members of congress on the floor of congress?
- false statement is made about a person's product/business/title to property
- can be accomplished through the us of-physical barriers-physical restraint-threats/physical force
- defendants who are sued for assault or battery can raise the following
- elements:-misrepresentation of facts/conditions--with knowledge that they are false or with reckless disregard for the truth-intent to inuce another to rely on the misrepresentation
- suits in which a number of person join together to bring an action
- completion of the act that caused the apprehension-if it results in harm to the plaintiff
- intentional confinement or restraint of another person without justification
- when a person consents to the act that damages him or her-there generally is no liability / legal resp. for the damage
- statement made with either knowledge of its falsity-or reckless disregard for the truth
- misrepresentation leads another to believe in a condition that is different from the condition that actually exist-fraud-involves deceit for personal gain
- whether the contact is offensive is determined by*battery-the contact can be made by defendant or by some force that dependance sets in motion*e.g. thrown rock
- an individual can act in reasonable manner to protect others who are in real/apparent danger
- wrongfully hurting a person's- good name-reputation-character
- attempt to commit a violent injury on another
- critics contend that ___ encourages too many trivial and unfounded lawsuits-clog courts-create unnecessary cost-e.g. medical malpractice actions