Defamation of character
An intentional tort in which one party makes derogatory remarks about another that diminishes the other party’s reputation; slander is oral defamation of character; libel is written defamation of character
Rules and procedures established by regulatory agencies
Unwritten law that evolves from the customs and traditions of society
The right established by Marbury vs. Madison for the court system to examine the decision of a lower court, the executive branch, or the legislative branch
The law whose purpose is to compensate the aggrieved, not to punish the wrongdoer is
Defamation of character by spoken words or gestures
US supreme court
The highest court of the land in the US is the
State supreme court
The highest court of a state is the
Law which is concerned primarily with those rules of conduct involving financial transactions between individuals or legal entities is
Types of Intentional Torts
Assault and battery
Intentional infliction of mental distress
Invasion of privacy
False imprisonment and malicious prosecution
Interference with business relations
the person who commits the tort
Always a civil issue
The same action can be a tort AND a criminal charge
This tort is the intentional unjustified confinement of a nonconsenting person (Ex. Tow truck towing car w/driver still in it)
Written defamation of another person. For public officials and pubic figures, the constitutional tests designed to restrict libel actions are especially rigid.
Procedural Due Process
A constitutional requirement that governments proceed by proper methods; limits how government may exercise power.
Established rules and regulations that restrain government officials
Substantive Due Process
A constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; limits what a government may do.
Interstate commerce act
- Is a United States federal law that was designed to regulate the railroad industry, particularly its monopolistic practices.
- The Act created a federal regulatory agency, the Interstate Commerce Commission (ICC), which it charged with monitoring railroads to ensure that they complied with the new regulations
Dormant Commerce Clause
The commerce clause’s implied limitation of a state’s right to legislate in the area of interstate commerce
Contained in Article 4 of the Constitution, the clause gives national laws the absolute power even when states have enacted a competing law.
The clause in the Constitution that gives congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
The right of a national law or regulation to preclude enforcement of a state or local law or regulation.
- The last clause of the 5th amendment that limits the power of eminent domain
- Ensures that the government does not take private property without just compensation. In the international setting, governments that take private property engage in what is called expropriation.
The right to acquire private property, by government, for public use. Lands thus acquired must be used for specific public purposes and the owners affected must be justly compensated for their loss of title.
- The action of the state in taking or modifying the property rights of an individual in the exercise of its sovereignty
- The standard under customary international law is that when governments do that, they must provide prompt, adequate, and effective compensation.
Equal protection of the laws
- Provides that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This is the equal protection clause.
- Generally speaking, governments must treat people equally.
Invasion of Privacy
Four different types of interests:
The right to control the appropriation of your name and picture for commercial purposes
The right to be free of intrusion on your "personal space" or seclusion,
Freedom from public disclosure of embarrassing and intimate facts of your personal life, and
The right not to be presented in a "false light."
To sue for appropriation of a name or likeness, the following must apply:
- You did not grant permission for the use of your identity.
- The defendant utilized some protected aspect of your identity (varies state-by-state)
- The defendant used your identity for his or her immediate and direct benefit (Findlaw, 2018).
Is an intentional act by a defendant, resulting in the destruction of the plaintiff’s personal property or a serious and substantial interference with the plaintiff’s personal property.
Is tangible personal property that can be moved