Practical Law Chapter 19 Basic Concepts

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first sale

right of a purchaser of copyrighted material to sell this material to another

fair use

right of individual to use limited reproduction of copyrighted material

assault

threat of immediate harm from battery

defense

threat of immediate harm from battery

nominal damages

token amount of money to recognize a wrongful act without substantial injury

punitive damages

award of money to punish the defendant for malicious, wilful, or outragous acts

trespass

entering another's property without permission

attractive nuisance

example: a trampoline in a neighbor's yard

battery

intentional act that causes harmful or offensive contact with another

compensatory damages

payment of money to make up for injuries

consent

reason a person injured in a sports activity cannot sue

false imprisonment

restraining a person's liberty without lawful authority

intentional infliction of emotional distress

tort involving mental injury only, no physical injury

conversion

unreasonable interference with another's property

nuisance

unreasonable interference with another's property

derivative works

works very similar to copyrighted material that get legal protection

slander

defamation that is broadcast over the school's intercom

libel

defamation that is sent by email

self defense

defense to battery when a person was attempting to protect himself or herself

defamation

falsely claiming facts that damage a person's reputation

intent to do the forbidden act

intent required for intentional torts

patent

legal protection of an invention

copyright

legal protection of creative expression

liability

legal responsibility for an injury

privilege

reason law enforcement officers are not liable for torts for arresting persons with probable cause


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