Term
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Definition
| A wrongful entry onto another's property without consent. TF intentionally acts in such a way as to violate the landowner's exclusive right to use the land |
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Term
| Tresspass to Land (3 Elements) |
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Definition
| (1) Intentional (2) unconsensual or unauthorised entry upon another’s real estate (3) interfering with the landowner’s exclusive right of possession (to use the land). |
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Term
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Definition
| Entry occurs when the TF acts so as to interfere with the landowner's exclusive right to use the land. Without permission. Physically entering or putting something on the land without permission. |
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Term
| Trespass to Land: No Harm Required / Technical Trespass |
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Definition
| Transgression alone is required. Damage need not be caused. (Injury is to the owner's exclusive right to use the land) (But rare to litigate technical trespass). |
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Term
| Trespass to Land: Unauthorized Entry |
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Definition
| Entry must be without consent. Consent can be revoked, as in a person requested to leave. |
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Term
| Trespass to Land: Intentional Interference |
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Definition
| TF must have intended to enter the land without consent. TF's intent may be implied from the disposal method used. If TF failed to take sufficient precautions to prevent sth from moving to enter another's land, intent to trespass may be implied. |
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Term
| Possession: Landowner's Exclusive Right to Use / Exclusive Right of Possession |
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Definition
| A landowner's exclusive right to use his property without interference from others |
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Term
| Trespass Above and Below Land |
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Definition
| Landowner owns the air above the land and the earth beneath the land |
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Term
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Definition
| Actions involving toxic chemicals, pollution, hazardous waste disposal and transportation, and other environmentally sensitive issues. May involve trespass to land, negligence, absolute liability for ultrahazardous substances, products liability, and nuisance. |
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Term
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Definition
| When toxic substances enter upon another's property. Intent to enter without permission may be implied from the disposal method used, failing to take precautions to prevent entry of material. Or putting it in a river -- obviously intended for toxins to be deposited on someone else's land. |
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Term
| Regulation of Environmental Toxins |
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Definition
| Local, state, and federal statutes such as the Toxic Substances Control Act, Hazardous Materials Transportation Act, Comprehensive Environmental Response, Compensation, and Liability Act. |
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Term
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Definition
| TF intentionally and without permission deprives or interferes with the chattel owner's possession or exclusive use of personal property. |
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Term
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Definition
| Any property, other than land, which is movable and can be seen and touched |
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Term
| 2 Elements of Trespass to Chattel |
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Definition
| (1) Intentional and (2) unauthorised possession of, deprivation of, or interference with someone’s possession or exclusive use of his chattel/property. |
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Term
| Dispossession (under Trespass to Chattel) |
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Definition
| Wrongfully taking away a person's property by force, trick, or misuse of the law |
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Term
| Trespass to Chattel: Unauthorized Interference with Use |
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Definition
| Interference with the chattel owner's use of the property is sufficient for Trespass to Chattel. Not necessary to actually take possession of the property from its owner. |
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Term
| Trespass to Chattel: Intent to Deprive or Interfere |
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Definition
| TF must intend to interfere with or deprive the chattel owner of possession or the exclusive use of his personal property. Intent may be express or implied |
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Term
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Definition
| TF, without consent, deprives an owner of possession of chattel and puts or converts it to the TF's own use. / Any act that deprives an owner of property without the owner's permission and without just cause. |
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Term
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Definition
| (1) Intentional and (2) nonconsensual deprivation of a person’s possession and use of his chattel and (3) conversion of it to the TF’s use. |
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Term
| Conversion: Depriving of Possession (1st Element) |
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Definition
| "Exercising dominion and control over the chattel that is inconsistent with the owner's right to exclusive use." TF controls another's personal property so as to prevent the owner from using it. |
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Term
| Conversion: Depriving of Possession: Extent of Deprivation |
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Definition
| (Disagreement by Jurisdiction) Trespass to chattel: deprivation minor or temporary VS Conversion: deprivation extensive/permanent |
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Term
| Conversion: Depriving of Possession: Methods of Depriving |
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Definition
| Physical possession VS. Deprivation through damage or destruction VS. simply through use (e.g. electricity) |
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Term
| Conversion: Intent to Deprive and Convert to Own Use (2nd Element) |
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Definition
| TF must intend to deprive the owner of possession of his chattel. Conversion to own use is required to be considered conversion and not just trespass to chattel. (The "injury" is to the owner's right of exclusive use, not necessarily damage) |
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Term
| Conversion: Lack of Consent (3rd Element) |
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Definition
| The owner cannot have granted permission to someone to use or possess the chattel. Implied or explicit consent. Permission may be revoked, then it becomes conversion. |
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Term
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Definition
| A form of fraud that lures investors and pays profits to earlier investors with funds from more recent investors. The scheme leads victims to believe that profits are coming from product sales or other means, and they remain unaware that other investors are the source of funds |
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Term
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Definition
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Term
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Definition
| When a TF makes false statements about an individual's ownership of property, the purpose of which is to injure the owner's ability to use the property |
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Term
| Slander of Title (3 Elements) |
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Definition
| (1) Communication (publication) of (2) false statements regarding a person’s ownership of property to third parties with the (3) intent to hinder or damage the owner’s use of the property. |
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Term
| Slander of Title: False Statements Regarding Ownership (1st Element) |
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Definition
| E.g. TF falsely calls into question the title to another's property; the filing of false liens; businesses wrongfully filing liens against customers' real estate if payment is not received for the services -- lien attaches to title so that the property cannot be leased or sold. |
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Term
| Slander of Title: Intent to Hinder or Damage Owner's Use of Property (2nd Element) |
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Definition
| TF must intend to hamper or injure the owner's use of his property. (E.g. property owner cannot sell the property if there is a lien on it) |
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Term
| Slander of Title: Communication to Third Parties (3rd Element) |
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Definition
| False statements about property ownership must be transmitted to third parties (e.g. lien is communicated to the public because it is recorded at the county recorder's office) |
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Term
| Commercial Disparagement (of Goods, Services, or Business) |
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Definition
| False statements communicated to third parties about a person's goods, services, or business enterprise. |
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Term
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Definition
| Commercial disparagement impeding the owner's ability to use (sell) his personal property |
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Term
| Disparagement of Services |
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Definition
| Commercial disparagement interfering with the provider's ability to engage in provision of services |
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Term
| Disparagement of Business |
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Definition
| Commercial disparagement impugning the integrity of another's business venture. |
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Term
| Commercial Disparagement (3 Elements) |
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Definition
| (1) Communication (publication) to third parties of (2) false statements about another’s goods, services, or business (3) with the intent to injure the victim’s ability to use goods, provide services, or conduct business. |
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Term
| False Statements about Goods, Services, or Business (1st Element of Commercial Disparagement) |
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Definition
| TF must express false statements |
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Term
| Intent to Harm Victim's Ability to Use Goods, Supply Services, or Conduct Business (2nd Element of Commercial Disparagement) |
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Definition
| TF must intend to injure the victim's ability to use goods, provide services, or conduct business. Intent to hamper the ability of the enterprises to conduct business. |
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Term
| Communication to Third Parties (3rd Element of Commercial Disparagement) |
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Definition
| False statements must be communicated to third parties. (E.g. picketing, telling friends; can be written or oral) |
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Term
| Defamation by Computer (Credit) |
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Definition
| The inclusion of false information about a consumer's credit rating in a computer record-keeping system that harms the consumer's ability to secure credit. |
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Term
| Defamation by Computer (4 Elements) |
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Definition
| (1) Intentionally entering false information about a person’s credit rating (2) into a computerised record-keeping system and (3) communication (publication) of the information to third parties, (4) injuring the victim’s ability to obtain credit. |
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