Identify the Necessary Elements in a Cause of Action for Intentional

question 12

Essay

Identify the necessary elements in a cause of action for intentional infliction of mental suffering.
a. A specific, subjective intent on the part of the defendant to inflict suffering upon the plaintiff;
b. Mental suffering inflicted by words, conduct, or a combination of words and conduct;
c. The defendant's conduct to accomplish it must be outrageous in character;
d. The plaintiff must prove that the wrongful conduct was the proximate cause of plaintiff's suffering.

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Definitions:

Standing

The legal right of a party to bring a lawsuit by demonstrating to the court sufficient connection to and harm from the law or action challenged (i.e., the plaintiff must demonstrate that he or she is harmed or will be harmed). Otherwise, the court will dismiss the case, ruling that the plaintiff “lacks standing” to bring the suit.

Plaintiff

The party who initiates a lawsuit in a court of law, alleging harm caused by the defendant's action or inaction.

Venue

The court with subject-matter and personal jurisdiction that is the most appropriate geographic location for the resolution of a dispute.

U.S. Court System

The U.S. Court System is a hierarchical legal framework comprising various levels of courts, including the Supreme Court, federal appellate and district courts, and state courts, each with different jurisdictions and responsibilities.