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SPRING TORTS MINI OUTLINE

 

  1. Intentional torts
    1. general approach
    2. intentional torts to P’s person
    1. battery
    2. assault
    3. false imprisonment
    1. intentional infliction of emotional distress
    2. Defenses to intentional torts to persons
    1. consent
    2. insanity
    3. self defense
    4. defense of third persons

 

  1. Defamation
    1. defamation published to a third person
    2. statement must be capable of being understood in the defamatory sense
    1. meaning alleged must be defamatory
    2. statement must be interpreted as having a defamatory meaning
    1. A third person must reasonably interpret the statement as being of and concerning the plaintiff
    2. The defamatory statement must be the actual and proximate cause of P’s damages
    3. Damages
    1. types of damages:
    1. general damages
    2. special damages
    3. punitive damages
    4. nominal damages
    1. libel or slander
    1. libel
    2. slander
    1. Defenses
    1. consent
    2. truth
    3. absolute privileges
    1. absolute privileges
    2. judicial privileges
    3. legislative privilege
    4. executive privilege
    5. domestic privilege
    1. publication required by law
    2. common law conditional or qualified privilege
    1. common law conditional privilege
    2. public interest privilege
    3. loss of common law conditional privilege
    1. common law malice
    1. constitutional malice
    2. excessive publication
    1. other common law privileges
    1. privilege of fair comment and criticism
    1. privilege of fair and accurate report
    2. privilege of fair and accurate comment
    1. Constitutional defenses
    1. based on First Amendment free speech and press
    2. P’s status
    1. characteristics of public person v. Private person
    2. public person
    1. public official

ii. public figure
    1. D’s publication is constitutional privileged if P is a public person
    2. If P is a private individual does publication involve a matter of public concern