Monthly Archives: March 2011

Wednesday march 16th 2011 @ 12:46am( in my emails.. an announcement for my engagement… I’m not engaged! not even dating anyone!…)

yes you read correctly… i was checking my emails this evening.. a bit late but to my surprise i received an email  congratulating me.. on my engagement….. and letting me know the proper steps to  prepare for the great wedding…. all this  from peggy post… ( who is a kappa alpha theta like myself….and  in my alumni association here in naples….) and the emily post institute! …..

I just didn’t know whether  to laugh.. or to cry… so i did both! …. then i wrote this email to my old roommate.. who i think is still a friend… and i wondered.(?). another case of mistaken identity???? the same name.. in the same sorority…. or should i be worried again about identity theft?… so will also put this email in  the my search for justice  blog as well…. shesh…. pretty bold if it is identity theft… to make sure that not only some of my sorority pictures were stolen… then also to make sure to get an announcement  for  my sorority…. i mean really bold…. ( of course i have a few other adjectives..! i could use…HA! )  but will save those for private time in the car.. or in my home.. where all my frustrations  are allowed to come out… 
and boy somedays… 

Hi Scott…                                 Tuesday March 15th 2011

Did that get your attention?  HA! well the congrats announcement from  Emily post institute sure got my attention.. so not only did some little girl steal my sor. pictures… and my name.. and i guess my future husband( ha… ) i guess she is engaged.. will most likely be stealing all the presents i would ( like any of the other holidays… like my last b-day… and christmas… etc….)  be getting and all my friends  congrats… Sheesh… will this never end!  Iso hate wanna beeeeeeeeeeeessssss…but htis is worse.. its actually fraud… and theft…  adn  really…..idenity theft….. but it makes perfect sense since I am babysitting up a storm… I knew it was for weddings or engagements.. anything to KEEP me out of the way……..( how sweet and thought ful..right?…..if they had anything to do  with it…that is exactly wht they have done in the past!…. but a lot of times it was to break into my home…. sheesh! &nbsp this time really  bold… to steal pictures of me at sorority functions… then what?… use my kappa alpha theta organization… and the organization where my mother and i had a luncheon..  with peggy post….and were planning to associate our  ettiquette school… with peggy post and the emily post institute! …. REALLY Bold… or should  dare  say it…. criminal…..(again!)…..

 

I have been thinking alot about the past…  when i was 18…. and left here after high school… to go to school in france.. i should have never come back… i woudln’t  have met gerard ahler… never been bullied.. never had to meet the  dreaded ohio state whore… i mean bully and trespasser… karen kahel… and i would  have been able to succeed and have a great life.. business….  family…. children.. and never met any mean and horrid selfish people and the scummy criminals who have  ruined everything….  wish i could go back and have done that….  even now i wish it…. that or a 10 million dollar  winning lottery ticket… 

 

babysat for some people  and the one son looked a lot like you… you and your  look a likes.. you’d

better keep better  track of all of them….. sheesh…

 

anyway.. found  some great old cards from when my sisters and family and friends  knew i was alive…. and actually really loved and liked me… and along with pictures.. and all sorts of things… I  am missing a page (1) letter from a friend  i made while in cap d’ail…. from  the script writer friend i have… Beth Serlin….

do you thnk if i ran away now… that the little scummy imposter will just  keep on living my life?  It’s a shame that this entire town … allows it to happen….you think someone would have morals.. values…and ethics… but what can you say about actores…i mean conartists.. i mean liars…cheats and thieves… and their “whore to door service girls”… I hope and pray that  there is a just god…  and stops all this soon…. no more lies.. no more manipulations… and no more stealing of my real life! and he better step in pretty quickly…    I’m really tired of it.. you know my life was jsut as valuable…. if not more … i was never fake!

 

I was going  to write this entire episode in my blog… www.mysearchfor justice.com my blog www.mygingerbreadman.com.. but i think i just may copy and paste this email that i am sending to you… its easier and its getting late…  and i still need to say my novena…   

If you happen to run into any of my friends or family… please let them know.. i’m not getting married… no real dates for that matter…in …. forever…. please tell them to stop giving all my life… or hopes and dreams to all these fakes…  and please tell them…I really  really love them and miss them….thanks…. luv mary jean ziska 

A Tender Loving Care Service

Mary Jean Ziska   Assistant Director whatabtmary@yahoo.com

Thursday march 10th 2011 @8:38am ( discussion of /emails/monitoring of emails/ hacking/and florida computer crimes law!)





  


today on mornign Joe- discussion on privacy ont he internet led into discussion of governments restriction from  infringing on a person’s liberty or privacy BUT 

the allowance of internt marketing for gaining information to target specific adds to their consumers-( interesting discussion)

being an american who has lived overseas…  i take my right/freedoms  for  life liberty and the pursuit of happiness  as jsut basic rights that should be upheld… that should ramian constant.. and that should not be abused!

This discussion along with the  events of last evenings use of my internet service has  raised some questions concerning the rights for the freedom  speech…  but  also what laws would be broken should say the personal emails /blog entries be censered by a 3rd party! 

or for that matter anything done on the internet.. what if it is allowed to be   altered/manipulated…. ..( and what  if the altered information then paints an incorrect picture of who you are… how could it be corrected?  as for the marketing… or incorrect marketing… how  could this affect your life… 

  What if let’s say someone wanted to manputate /steal jobs or  even steal an entire business…. a business. a business that someoen or even a family worked really hard to create.. to protect… to manage and to promote….
 what laws protect the  origional and real company from such thieves?   

The day before yesterday i received  and sent out a series of emails to confirm jobs… and for correspondence   to set up  jobs.. 

To my knowledge my emails were sent… when i sent them form my email acconts the regualr acknowledgemetn of sent email showed in my box…
 but  they appeared to not have been received…. …( or possibly not received.  i still need to verify and check on status of the emails… )  Other people who were very deligent about their  follow up emails i havent heard from…. i know there have  also been tons of emails i sent out and responses i never received… 
(?) is it a glitch?   or a coisidence? or a criminal act…..

for example Andre from the apple store… I’ve repeatively emailed and not heard back fom him.  even questions to the police department.. or other authories who i’m sure are very careful to reply…. very odd. right? 

But if  by chance, the same group of conartists.. ie.. criminals who have the capacity to not only intercept phone messges (via spoofing)… and break all kinds of laws, ie… trespasssing, breaking and entering… and of course the stealing.. of not only physical  property… but also  files… and customer information.. and the intellicutal property via business ideas..  now if these ruthless and imoral people can do those things.. why wouldnt they also hack into acounts used by others… to fraudently gain information… from their competitors.. or their victims!      
 


Pose the question:  If someone believes they have a right to monitor you emails.. or for that matter what is posted on the internet via facebook or your own personal webbsite or blog.. by whose standards are  these restrictions or tampering with personal property  to be held accountable as infringement of that personal property ?  

another example:  what if you needed to  emai the polcie to notify them of a theft… yet the  theives are allowedo monitor yoru emails?  Woudl tye not intercept or mae sure that the email sent  to the police does not reach the actual police? 
Therefore, perpetuate  the  ability for them to comit crimes! 

  


Chapter 815, Florida Statutes






Fla. Stat. 815.01 Short Title


The provisions of this act shall be known and may be cited as the “Florida Computer Crimes Act.”






Stat. 815.02 Legislative Intent


The Legislature finds and declares that:





  1. Computer-related crime is a growing problem in government as well as in the private sector.



  2. Computer-related crime occurs at great cost to the public since losses for each incident of computer crime tend to be far greater than the losses associated with each incident of other white collar crime.



  3. The opportunities for computer-related crimes in financial institutions, government programs, government records, and other business enterprises through the introduction of fraudulent records into a computer system, the unauthorized use of computer facilities, the alteration or destruction of computerized information or files, and the stealing of financial instruments, data, and other assets, are great.



  4. While various forms of computer crime might possibly be the subject of criminal charges based on other provisions of law, it is appropriate and desirable that a supplemental and additional statute be provided which proscribes various forms of computer abuse.






Fla. Stat. 815.03 Definitions


As used in this chapter, unless the context clearly indicates otherwise:





  1. “Intellectual property” means data, including programs.



  2. “Computer program” means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data.



  3. “Computer” means an internally programmed, automatic device that performs data processing.



  4. “Computer software” means a set of computer programs, procedures, and associated documentation concerned with the operation of a computer system.



  5. “Computer system” means a set of related, connected or unconnected computer equipment, devices, or computer software.



  6. “Computer network” means a set of related, remotely connected devices and communication facilities including more than one computer system with the capability to transmit data among them through communication facilities.



  7. “Computer system services” means providing a computer system or computer network to perform useful work.



  8. “Property” means anything of value as defined in S.812.011 and includes, but is not limited to, financial instruments, information including electronically produced data and computer software and programs in either machine- or human-readable form, and any other tangible or intangible item of value.



  9. “Instrument” means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, credit card, or marketable security.



  10. “Access” means to approach, instruct, communicate with, store data, retrieve data, or otherwise make use of any resources of a computer, computer system, or computer network.






Fla. Stat. 815.04 Offenses against Intellectual Property






  1. Whoever willfully, knowingly, and without authorization modifies data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property.



  2. Whoever willfully, knowingly, and without authorization destroys data, programs, or supporting documentation residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property.



  3. Whoever willfully, knowingly, and without authorization discloses or takes data, programs, or supporting documentation which is a trade secret as defined in S.812.081 or is confidential as provided by law residing or existing internal or external to a computer, computer system, or computer network commits an offense against intellectual property.






    1. Except as otherwise provided in this subsection, an offense against intellectual property is a felony of the third degree, punishable as provided in S.775.082, S.775.083, or S.775.084.



    2. If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony in the second degree, punishable as provided in S.775.082, S.775.083, or S.775.084.






Fla. Stat. 815.05 Offenses against Computer Equipment or Supplies










    1. Whoever willfully, knowingly, and without authorization modifies equipment or supplies used or intended to be used in a computer, computer system, or computer network commits an offense against computer equipment or supplies.



    2. Except as provided in this paragraph an offense against computer equipment or supplies as provided in paragraph (a) is a misdemeanor of the first degree, punishable as provided in S.775.082, S.775.083, or S.775.084.



  1. If the offense is committed for the purpose of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony in the third degree, punishable as provided in S.775.082, S.775.083, or S.775.084.





    1. Whoever willfully, knowingly, and without authorization destroys, takes, injures, or damages equipment or supplies used or intended to be used in a computer, computer system, or computer network; or whoever willfully, knowingly, and without authorization destroys, injures, or damages any computer, computer system, or computer network commits an offense against computer equipment or supplies.



    2. Except as provided in this paragraph an offense against computer equipment or supplies as provided in paragraph (a) is a misdemeanor of the first degree, punishable as provided in S.775.082, S.775.083, or S.775.084.



  2. If the damage to such computer equipment or supplies or to the computer, computer system, or computer network is greater than $200 but less than $1,000, then the offender is guilty of a felony of the third degree, punishable as provided in S.775.082, S.775.083, or S.775.084.



  3. If the damage to such computer equipment or supplies or to the computer, computer system, or computer network is $1,000 or greater, or if there is an interruption or impairment of governmental operation or public communication, transportation, or supply of water, gas, or other public service, then the offender is guilty of a felony of the second degree, punishable as provided in S.775.082, S.775.083, or S.775.084.






Fla. Stat. 815.06 Offenses against Computer Users






  1. Whoever willfully, knowingly, and without authorization accesses or causes to be accessed any computer, computer system, or computer network; or whoever willfully, knowingly, and without authorization denies or causes the denial of computer system services to an authorized user of such computer system services, which, in whole or part, is owned by, under contract to, or operated for, on behalf of, or in conjunction with another commits an offense against computer users.







    1. Except as provided in this subsection an offense against computer users is a felony of the third degree, punish- able as provided in S.775.082, S.775.083, or S.775.084.



    2. If the offense is committed for the purposes of devising or executing any scheme or artifice to defraud or to obtain any property, then the offender is guilty of a felony of the second degree, punishable as provided in S.775.082, S.775.083, or S.775.084.






Fla. Stat. 815.07 This Chapter Is Not Exclusive


The provisions of this chapter shall not be construed to preclude the applicability of any other provision of the criminal law of this state which presently applies or may in the future be applied to any transaction which violates this chapter, unless such provision is inconsistent with the terms of this chapter.






Fla. Stat. 815.08


If any provision of this act or the application thereof to any person or circumstance is held invalid, it is the legislative intent that the invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provisions or applications, and to this end the provisions of this act are severable.


This act shall take effect August 1, 1978.


Approved by the Governor May 29, 1978.


Filed in the Office Secretary of State May 30, 1978.






Summary of Fla. Stat. 775.082 and 775.083


(Below is a summary of the penalties applicable to the offenses described in the act. Penalties for habitual offenders are dealt with in S775.084, which is not included below.)


Misdemeanor of the First Degree. Up to 1 year of imprisonment and a fine of up to $1,000 or any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.


Felony of the Second Degree. Up to 15 years of imprisonment and a fine of up to $10,000 or any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.


Felony of the Third Degree. Up to 5 years of imprisonment and a fine of up to $5,000 or any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.






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Thursday March 03rd 2011 @ 8:47am( had problems with blog on March 1st 2011 )

so whew….. today log in was or is working fine.. but on March 1st… blog in was  a bit messed up… having to log in each time i went to do anything with a blog entry…. and  I hadn’t set up passwords and log in names for the accounts… what a mess.. How are you supposed to log into somewhere… when there should be no log in information????????   on the phone with go daddy forever… but it looks like today it might  be working normally… I’ll write again if it isn’t ! 

Tuesday march 1, 2011 @ 10:23pm ( phone messges for a phone that i haven’t been able to use since December 24th 2010)

So  I  set up a place for messages for the magic jack phone of 561-283-7505.
 
An email account where I would  be able to document only the calls where no one except myself had access to retrieving the messages  I thought this might be a way to catch the phone  number or the number of calls  who were trying to acces my messages .. like in the virgin mobil account.. or now in this one… 
the first magic jack account i had….
The magic jack I had in my possession( the actuall physical magic jack that plugs into your  computer… )   the service ended in decemer 24th 2011…( nice  christmas present right? )…. to have no service on christmas or christmas eve.. but then  criminals who stole the magic jack that i origionally had… really don’t care much for  me not being able to speak wiht  my family for christmas.. or for any holiday …. they are a reallycruel and  horrid group… but that’s been documented pretty clearly… hell they steal christmas presents…

what i wanted to make sure to document today… the messages that actuallyshowed up on myemil account to a phone that didnt work for me…  whenever i plugged in the magic jack it would jsut tell  me that there was no service..or something of that that  nature…so i was never able to make any calls form 561-283-7505…. but someone coudl not only make calls but in the messages.. ther was actaully a call fom the phone… my origional phone i set up… 

so teh thieves who stole the 40.00 magic jack that i purchased and set up for an account.. so that i coudl actually contact freinds and family… ruined most of a years worth of phone calls…. they are really rotten people…  

cyber/phone theft and fraud…. clear and simple…. 

so here are the messages that came in on a phone that was to me out of order … but seemed to work for someone… the criminal the thief… the bully and the horrid gorup of conartists who need ot be in jail… forever….   

 h is  fo present to have no phone service  had access to someone . to see about  the messages for  the
  

March 01, 2011@ 6:13pm ( wikipedia free encyclopedia: intentional infliction of emotional distress)

Intentional infliction of emotional distress



From Wikipedia, the free encyclopedia


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Intentional infliction of emotional distress (IIED) is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same. Some jurisdictions refer to IIED as the tort of outrage.







Contents

[hide]


[edit] Rationale for classification


IIED was created in tort law to address a problem that would arise when applying the common law form of assault. The common law tort of assault did not allow for liability when the threat was not imminent. A common case would be a future threat of harm that would not constitute common law assault, but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred from compensation under the common law form.


Originally at common law, a plaintiff could not recover for physical injury from fright alone absent an impact even though the defendant was shown to have operated a railroad negligently (shock without impact).[1] Even with intentional conduct, absent material damage, claims for emotional harm were similarly barred. “Mental pain or anxiety, the law cannot value, and does not pretend to redress, when the unlawful act causes that alone. Though where a material damage occurs, and is connected with it, it is impossible a jury, in estimating it, should altogether overlook the feelings of the party interested.”[2] Courts had been reluctant to accept a tort for emotional harm for fear of opening a “wide door” to frivolous claims.[3]


A change first occurred in the Irish courts which repudiated the English railroad decision.[4] The idea that shock without impact would be a bar to recovery was first questioned at the Queen’s Bench in Pugh v. London etc. Railroad Co.[5] In the following year, the tort was first formally recognised in the case of Wilkinson v. Downton [1897] 2 QB 57, although it was referred to as “intentional infliction of mental shock”. Citing Pugh and the Irish courts as precedent, the Wilkinson court noted the willful nature of the act as a direct cause of the harm. Wilkinson was the basis for the later decision in Dulieu v. White & Sons [1901] 2 KB 669.[6] English courts regarded Dulieu as firmly establishing the possibility of recovery for emotional harm absent physical impact.[7]


[edit] Elements



  1. Defendant acted intentionally or recklessly; and
  2. Defendant’s conduct was extreme and outrageous; and
  3. Defendant’s act is the cause of the distress; and
  4. Plaintiff suffers severe emotional distress as a result of defendant’s conduct.

[edit] Intentional or reckless act


The intent of the act need not be to bring about emotional distress. A reckless disregard for the likelihood of causing emotional distress is sufficient.[citation needed] For example, if a defendant refused to inform a plaintiff of the whereabouts of the plaintiff’s child for several years, though that defendant knew where the child was the entire time, the defendant could be held liable for IIED even though the defendant had no intent to cause distress to the plaintiff.


[edit] Extreme and outrageous conduct


The conduct must be heinous and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard. IIED is also known as the tort of “outrage,” due to a classic formulation of the standard: the conduct must be such that it would cause a reasonable person to exclaim “Outrageous!” in response.


Some general factors that will persuade that the conduct was extreme and outrageous (1) there was a pattern of conduct, not just an isolated incident; (2) the plaintiff was vulnerable and the defendant knew it; (3) the defendant was in a position of power; (4) racial epithets were used; and (5) the defendant owed the plaintiff a fiduciary duty.[8][9]


[edit] In public


Many jurisdictions, including Arkansas and New York, require the element that the incident complained of must have taken place in public.[citation needed]


This is consistent with other Dignitary Torts, which all require some public space, publicity, or publication.[citation needed]


[edit] Causation


The actions of the defendant must have actually caused the plaintiff’s emotional distress.[9]


[edit] Plaintiff must actually suffer emotional distress


The emotional distress suffered by the plaintiffs must be “severe.” This standard is quantified by the intensity, duration, and any physical manifestations of the distress. A lack of productivity or depression documented by professional psychiatrists is typically required here, although acquaintances’ testimony about a change in behavior could be persuasive.


An example of an act which might form the basis for a claim of intentional infliction of emotional distress would be sending a letter to an individual falsely informing the person that a close family member had been killed in an accident.


[edit] Pleading practices


In civil procedure systems (such as in the United States) that allow plaintiffs to plead multiple alternative theories that may overlap or even contradict each other, a plaintiff will usually bring an action for both intentional infliction of emotional distress and negligent infliction of emotional distress (NIED). This is just in case the plaintiff later discovers that it is impossible to prove at trial the necessary mens rea of intent; even then, the jury may still be able to rule for them on the NIED claim.


There are some reported cases in which a plaintiff will bring only a NIED claim even though a reasonable neutral observer could conclude that the defendant’s behavior was probably intentional. This is usually because the defendant may have some kind of insurance coverage (like homeowners’ insurance or automobile liability insurance). As a matter of public policy, insurers are barred from covering intentional torts like IIED, but may be liable for NIED committed by their policyholders, and therefore are targeted indirectly in this fashion as deep pockets.


[edit] Hostility towards IIED claims


Courts in most jurisdictions take a decidedly unfavorable stance towards IIED claims. It is felt that they are generally frivolous claims for non-quantifiable harm, and often are appended to other more substantive claims merely as an afterthought. Meeting the element of conduct that is so outrageous as to be beyond the bounds of civilized society is extremely difficult, and consequently most claims fail.



The New York Court of Appeals, for example, has stated that “Indeed, of the intentional infliction of emotional distress claims considered by this Court, every one has failed because the alleged conduct was not sufficiently outrageous.” Howell v. New York Post.[10]


[edit] First Amendment considerations


The U.S. Supreme Court case Hustler v. Falwell involved an IIED claim brought by the evangelist Jerry Falwell against the publisher of Hustler Magazine for a parody ad that described Falwell as having lost his virginity to his mother in an outhouse. The Court ruled that the First Amendment protected such parodies of public figures from civil liability.[11]


[edit] References





  1. ^ In English law, see Victorian Railways Commissioners v. Coultas (1888) 13 AC 222 woman barred from recovery due to shock despite suffering a miscarriage, along similar grounds decided in the same month in New York see Lehman v. Brooklyn City Railroad Co. 47 Hun (NY) 355 (1888)
  2. ^ Lord Wensleydale, Lynch v. Knight (1861) 9 HLC 577 at 598; 11 ER 854, where a married woman unsuccessful sought redress for “slanderous imputation of unchastity”
  3. ^ Mitchell v. Rochester Railway Co. 151 NY 107 (1896)
  4. ^ see Bell v. Great Northern Railway of Ireland (1895) 26 LR (Ir) 428; also citing an unreported decision in Byrne v. Great Southern and Western R. Co. of Ireland
  5. ^ [1896] 2 QB 248
  6. ^ note: material elements in Dulieu were substantially similar to Coultas
  7. ^ Archibald H. Throckmorton Damages for Fright, Harvard Law Review 24 Harv L. Rev. 260 (1921)
  8. ^ Taylor v. Metzger, 706 A.2d 685 (N.J. 1998).
  9. ^ a b GTE Southwest, Inc. v. Bruce, 998 S.W.2d 605 (Tex. 1999).
  10. ^ (internal citations omitted) Howell v. New York Post, 81 N.Y.2d 115, 612 N.E.2d 699, 596 N.Y.S.2d 350 (1993).
  11. ^ Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988).






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Tuesday March 01, 2011@6:11pm ( wikipedia free encyclopedia intentional tort)

Intentional tort



From Wikipedia, the free encyclopedia


Jump to: navigation, search





























































An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable for injuries no matter what precautions were taken.







Contents

[hide]


[edit] Why intentional torts are different


As a matter of public policy, damages available for intentional torts tend to be broader and more generous than for negligent torts. In order to preserve individual well-being and overall social welfare, society generally wishes to deter its members from intentionally attacking each other. For example, in the United States, it is easier to get punitive damages (damages above and beyond compensatory damages) if one can prove that the tort was intentional. But it is harder to prove intentional torts because as with many felony crimes, one must prove subjective elements involving the content of the defendant’s mind, and defendants do not always express their harmful intent out loud or in writing.


[edit] How to tell the difference


The key difference between intentional torts and negligent torts is that the plaintiff must prove the additional element that the defendant acted with the specific intent to perform (i.e. acted with a mental state of intentionally performing) the act which was the proximate cause of the plaintiff’s injuries. “The concept of ‘intention’ in the intentional torts does not require defendants to know that their acts will result in harm to the plaintiffs. Defendants must know only that their acts will result in certain consequences”[1]. Under doctrines such as transferred intent, the plaintiff need not always prove that the defendant acted with the intent to bring about the specific injury that actually occurred.


Not every intentional action qualifies as an intentional tort. Suppose an investor holding more than half of a corporation’s stock votes on changes the other stockholders find detrimental. If the other stockholders suffer damages as a result, this is not a tort, as the powerful investor had a right to vote whichever way he liked. Thus, the other stockholders cannot sue the aforementioned investor for damages. If, on the other hand, John Doe physically attacks a passerby in the street, and as a result the passerby incurs medical bills, John is liable for these costs, as he is guilty of the tort of battery.


To find a defendant liable for an intentional tort, the plaintiff must prove that the defendant performed the action leading to the damages the plaintiff alleges, and that the defendant acted with purpose, or that he had knowledge with substantial certainty that an act would result in a tortious result. Furthermore, the action must be a recognized “wrongful act.” A famous case in the 1800s involved a hemophiliac child (Vosburg) who was kicked by another child (Putney) at school, resulting in severe disability of the leg. Although the kicker could not have reasonably foreseen that the kick would cause severe disability, he certainly could have foreseen that it would cause discomfort, and was found liable.


For example, a plaintiff attempting to prove that a defendant committed the intentional tort of battery must fulfill several factors: intent, an act, cause, and harmful or offensive contact.


Here, “intent” means either purpose or “knowledge with substantial certainty,” as elucidated in Garratt v. Dailey. “Cause” in an intentional tort need only be “actual cause;” that is, but for the defendant’s action the tortious result would not have occurred. The plaintiff need not allege or prove proximate cause, which would indicate that the result of the defendant’s actions was reasonably foreseeable.


Common law intentional torts include the following:



An assault is the immediate intentional creation of apprehension of another without consent or privilege. A battery is the intentional harmful or offensive touching of another without consent or privilege. A conversion is the intentional exercise of dominion and control of another’s property without their consent or privilege. False imprisonment is the intent to confine or bound someone without a means of egress. Trespass to land is the intentional interference with the land of another without consent or privilege. Trespass to chattel is the intentional interference with the personal property of another without consent or privilege.


[edit] Property torts


Property torts are a specific class of intentional torts which arise when the right invaded is a property right rather than a personal right.(land is taken from someone, and they didnt know it was theirs because it was passed down.) These include trespass to land (entering someone’s land without permission), trespass to chattels (handling items owned by another without permission), and conversion (taking possession of someone else’s property with the intent not to return it). Some older, and largely obsolete, property law concepts include detinue, replevin, and trover.


[edit] Dignitary torts


Dignitary torts are the class of intentional tort, including slander and libel, which arise when the right invaded involves the reputation or privacy of the individual claiming industry.


[edit] Insurability


Generally, intentional torts are uninsurable as a matter of public policy, meaning that tortfeasors guilty of such torts must pay damages out of their own pocket (if they have any money worth going after). Otherwise, professional criminals could obtain liability insurance to insure against the risk of being caught and prosecuted by the state, or sued in civil actions by their victims.


Of course, this rule has not stopped criminals from attempting to litigate whether particular intentional torts are not really intentional (meaning that their liability insurers would have a duty to defend and indemnify them). The Supreme Court of California forcefully shot down one such attempt: “[California Insurance Code] Section 533 precludes coverage in this case because child molestation is always intentional, it is always wrongful, and it is always harmful.”[2]


[edit] References




  1. ^ Klar, Lewis. Tort Law. Toronto: Thomson Carswell, 2008, p32.
  2. ^ J. C. Penney Casualty Ins. Co. v. M. K., 52 Cal. 3d 1009 (1991).






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Tuesday March 1st, 2011 @3:29pm ( horrid morning aftermath of stolen pictures…. yesterday sometime)

So I though this morning was going to be great… but I went through this baggie  of memorabilia and found out that my pictures from  my college years… the date function pictures were stolen from  the bag.  so after many many tears….and more  tears..and swearing.. and cursing the people who continually keep stealing my life….  and getting more  and more… totally upset.. going though all the pictures I owned to see if they were somewhere else… I didn’t find them…. these are pictures from  the 1980-1990… of date functions.. of being with MY  friends… of me….what type of psycho freak steals pictures the same little witch who  stole the pictures of my backpacking in Europe… this is totally criminal…….

I only went 4-5  places yesterday….  first as i mentioned yesterday.. i went to help Mr. Dee with the computer.. we couldn’t get everything done.. so he asked me if I could come back at approx. 5pm… so i came home goggled…. info he had asked so we could work on his Mac..( i have a pc so some of the methods for doing things are a bit different… ) anyway… i went back to help him and was only gone for about an  hour.. maybe a bit more but i brought my briefcase in side with  me… so I don’t think it happened there…then I needed to put money in the bank.. and needed to change some money.. so first i thought of going and getting and order of that delicious green curry from sushi tai… but there were no close parking spaces…so then I went to the Ritz… I had brought over these scones for Mr. Dees… and he really liked them so I thought might  get a few  scones from the Ritz and let him try those as well… and a few for me along with those delicious… croissants… but they were all out of scones… and only had one of the  chocolate croissants… so I got my usual ice-cream… but this time i put a bit of Carmel and chocolate sauce on … delicious.. but the chocolate sauce dripped…. so upstairs to the bathroom to try to  get cleaned up a bit…. but i don’t  think the pictures were taken from there… Michael locked up my car…  
then i went to my aunt Frans to get a picture of the moon… or stars… band after that… went to the catholic church.. St. John’s to say my  novena to saint  Jude  ironic isn’t it .. me praying for protection from harm… and to be blessed …. I’ve been diligently saying these prayers for over  a year and a half… and still people are stealing my life.. my memorabilia.. and my possessions… 

Gosh i have been in tears for hours this morning… I tried calling Mr. Dee and he couldn’t hear me on the magic jack phone.. I tried calling the Ritz  to speak with … the guys there who told me they would watch and lock my car….d… and the people on the phone said he wasn’t in … and tried to put me through to  another person i knew… … and supposedly they  couldn’t get to me that way.. what was weird was that when I again asked if it was the Ritz Carlton or the la playa… there was this one long beep on the phone… i also mentioned that i will never step foot on to la playa property… since i had things stolen from me there… from my car…. 

I tried calling my mother… who didn’t sound like a caring 72 year old woman…who would have been interested in the personal pictures that were stolen…  she was interested in changing  my scheduling… which  if it is a horrid girl… means taking away babysitting jobs from the Orr  family….from me…..if it is a nice fake mom on the phone.. means giving me more jobs…  …      this person  on the phone is very interested in  picking up someone from  the airport….lets guess she is one of the whore to door service girls who will be keeping a  fake scot renshaw busy… or a fake Patrick garland busy.. or a fake Tommy Bodnar busy.. or David or Greg  Bodnar busy… or who…..???any of my other friends that she needs to steal away from me…….maybe all the friends I ever made in my entire life…. Right??? This con artist …just thought of another girl who it might be.. the girl at the fake don kensig wedding…  there was an entire wedding on film… all fake… and a bunch of scummy actors or con artist… or just scumm….    

This mom  on the phone…says everything including these pictures will just  show up if i pray to st. anthony… which is a great thing to do but since nothing has been showing back up once it has been stolen….. my baby blanket never showed up.. my diamond earrings never showed up….. my peal earrings never showed up… and pictures of backpacking…  letters from boarding school….. all these personal things that are mine.. of my life… what fake imposter is still stealing all my  things this time???? 

What are they  setting up another house full of my memorabilia??? or another life for some other fake girl…. with my pictures.. my clothes… what type of freak does such a thing????? what a criminal……

So before i call the police… i have to try to think of who the hell is still  stealing my life again…..

lets  see… the person from  lost and found  asked if I know who this may be… lets  see.. since this was a week full of a bunch of fakes and actors… or scummmmy imposters….  people who get a joy out of ruining my life.. and keeping me from the people who really knew me or loved me… or would protect me…

 i keep going back to the scummy of gerard ahler… and his fat fingered scummy imposters.. or thieves…..there was this  one girl in  a black  Mercedes suv… who looked like she had one of the scott renshaw look alike in a car headed   with a whole  group of people into quail creek when i helped mr. dee… but that could be just a coincidence… then there was this skuzzy handy man who was parked in a  white van behind me when i was trying to use the phone  to speak with Mr. Dee  about running late and the garage being partially open after i closed and locked it… while i was still at my home….he was actually blocked my view and  way out of the door by putting his arm over  the door… uck…  or the fake cousin david bodnar..The one who has really dark skin and dark hair…(?)  when my cousin doesn’t have that color skin at all… or even when I saw a scott renshaw look alike in  a black Cadillac… maybe it was the same black Cadillac parked at my aunts condo next to a car from Conn.   … like from the la playa… the one wedding I babysat my mom said they didn’t know about miss porters or deer field because they were from the wrong side of the tracks of the Conn. And wasn’t the Christmas jobs stolen forma cell phone user of conn. Remember I did and intellius check.. and it was the wrong name of the  cell phone for  the  client that I was supposed to babysit…. The wrong cell phone cancelled and stole the $400.00 job and th
en the nursing job for $1000.00 per week was stolen  from  me…. these are criminals…. No doubt in my mind…and definitely worthless human beings… .

 

 Could it be another  nanny who needs to   get something from my friends? Or pretend to be me…  what???? These people steal a section of my life and then don’t allow me to actually ever connect with the people in that part of my life ever again.. like trying to get in touch with Rami Al Naimi… the oil ministers son who I knew when I was 13-14 years old…. or my friends from going to school in France….. or what now?.. all my college friends?… even the people I knew though Maura’s law school days… or even Pattie Berndt.. who lived right down the street from  her when Maura was going  to law school….these are amazing people… they knew me… they liked me… what type of freak needs to steal all my friends????  

so what is there devious plan now?… go to these people and lie and tell them something  is wrong with me and they need money…so they can steal from  them again????… or try to get more contacts so they can steal more identities.. i mean when gerard that fat  disgusting pig from Brooklyn NY  wanted to know all the property my family and relatives owned… and who they knew… was it  a way  to isolate…  me from anyone  who could ever be my friend?… or be of help to me or my hopes or my dreams??? or did he just want more addresses of people he could slime his way into their  lives and con .. or  scam like the handyman construction scum that he was.. did you know his sister Christine even had the locks changed when he and his scum were going into the house and parting or whatever???? even his own family didn’t like him… or trust him….  Gosh I wish I had never in a million years ever come  close to that scummmmmmmmmm……. and I wish he had never ever hurt my life… or any of my family members… I pray every day that he didn’t  do all these same  horrible and traumatic things to my  real sisters and any of their friends.. but I kind of  think it may be too late… he has no morals..or values and he is pure scummmmmmmmm………  

I can’t say when the pictures disappeared…. Whether from my  car or my briefcase…. And when both were out of my view who may or may not have gotten into the bag of pictures and memorabilia…. but college date function pictures???????.. what scummy pathetic wanna be would  steal those?????????????? 

Its pictures of my big sister:  allison carrol… and jeff keen.. and dan foley… and dawn felton…it pictures from  1980’s….. from the university of Floirda…  date functions …. pictures i know exactly what i was wearing.. where i bought the outfits… everything…. God DAMM them…. it’ s soooooo  beyond criminal… it’s far beyond personal… I want way more than them to pay damages…. I  want all my things back… to be able to contact any of my real friends…  my real life back… my things  back… my family back… and i want these people who in their twisted mind thought any of this was alright!!!!!!… I want them in jail…. Why the  hell doesn’t anyone do anything about it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!     

pictures missing…
one of dawn felton and me at at function where i have on a pick dress.. you can see the mole on my chest I had to have removed.. me in a straw hat….
also same function me with  dan folley.. and jeff keen..
pictures of an old boyfriend  mike coop.. and allison carrol….
pictures of me in this white and royal blue and yellow flowered  outfit sitting with allison and others at this date funciton… two pictures like those….
pictures of me from Saudi… or someone who looks just like me.. but with a totally different chin…. one where i am holding up a black mood ring. one skiing in vail…

More date function pictures… where I am with other sor. Sisters… and I am with dates!!!!!!!!!!

 

WHY?????????????? 

 

 a whole group of them i was going  to take and have enlarged….   

 

They left the receipt  from my  haircut in Monaco… and receipts for  getting money in Germany.. in Luxemburg.. the flight ticket from going to see Cameron Nice  in Australia.. and even two letter from  Thomas and Claes… …  some Sweedish money where Thomas and Claes left me a note…but I’m sure since Ii dint document every bit of paper… there is a lot more stolen….

What did they think if I dint notice it would be alright?

  at least they didn’t  steal everything…. But  what the hell do I have to do to get some justice around here? … and how can I protect even pictures from  these slimy pathetic “ wanna bees”… fakes….. frauds and phoneys …. HOW?????
  

Tuesday march 1st 2011@1:11pm ( horrid morning .. after math of stolen pictures from yesterday)

So I though this morning was going to be great… but I went through this baggie  of memoribelia and found out that my pictures from  my college years… the date function pictures were stolen from  the bag.  so aftermany many tears….and more  tears..and swearing.. and cursing the people who continually kep stealign my life….  and getting more  and more… totally upset.. going though all the picutes i owned to see if they were somewhere else… I didn’t find them…. these are pictuers from  the 1980-1990… of date functions.. of being with MY  friends… of me….what type of psycho freak steals picters the same little witch who  stole the pictures of my backpacking in Europe… this is totally criminal…….

I only went 4-5  places yesterday….  first as i mentioned yesterday.. i went to help Mr. dee with the comupter.. we couldnt get everything done.. so he asked me if i could come back at aprox 5pm… so i came home googled…. info he had asked so we could work on his mac..( i have a pc so some of the methods for doing things are a bit different… ) anyway… i went back to help him and was only gone for about an  hour.. maybe a bit more but i brought my brefcase in side with  me… so i dont think it happened there…then I needed to put money in the bank.. and needed to change some money.. so first i thoguth of gogin and getting and order of that delicious green curry from sushi tai… but there were no close parking spaces…so then i went to the ritz… i had broguht over these scones for Mr. dees… and he really liked them so I thought might  get a few  scones from the ritz and let him try those as well… and a few for me along with those delicious… croissants… but they were all out of scones… and onely had one of the  chocolate croisants… so i got my usual icecream… but this time i put a bit of carmeladn chocolate sauce on … delicious.. but the chocolate sauce dripped…. so upstairs to the bathroom to try to  get cleaned up a bit…. but i don’t  think the pictures were taken from there… michael locked up my car…  
then i went to my aunt frans to get a picture of the moon… or stars… band after that… went to the catholic church.. st. john’s to say my  novena to sati jude  ironic isnt it .. me praying for protection form harm… and to be blessed forover a year and a half… and still people are stealing my life.. my memorabelia.. and my possessions… 

Gosh i have been in tears for hours this morning… i tried calling Mr. dee and he couldnt hear me on the magic jack phone.. i treid calling the ritz  to speak with … the guys there who todl me they owuld watch adn lock my car….d… and the people on the phone said he wasnt in … and tried to put me through to  another person i knew… … and susposedly they  couldnt get to me that way.. what was wierd was that when i again asked if it was the ritz carlton or the la playa… there was this one long beep on the phone… i also mentioned that i will never step foot on to la playa property… since i had things stolen from me there… from my car…. 


i tried calling my mother… who didn’t sound like a caring 72 year old woman…who would have been interested in the personal pictures that were stolen…  she was interested in changing  my scheduling… which  if it is a horrid girl… means taking away babysitting jobs from the orrs family….from me…..if it is a nice fake mom.on the phone.. means giving me more jobs…  … and interested in picking up someone from  the airport….   she claims that they will jsut show up if i pray to st. anthony… which is a great thing to do but since nothing has been showing back up once it has been stolen….. mybabyblanket never showed up.. my diamond earrings never showed up….. my peal earrings never showed up… and pictures of backpacking…  letters from boarding school….. all these persoanl things that are mine.. of my life… what fake imposter is still stealing all my  things this time???? 

What are they  setting up another house full of mymemorabelia??? or another life for some other fake girl…. with my pictures.. my clothes… what type of freak does such a thing????? what a criminal……

So before i call the police… i have to try to think of who the hell is still  stealing my life again…..

lets see… the person form lost and found  aksed if i know who this may be… lets see.. since this was a week full of a bunch of fakes and actors… or scummmmy imposters….  people who get a joy out of ruinig my life.. and keeping me from the people who really knew me or loved me… or woud lprotect me… i keep gogin back to the scummm of gerard ahler… and his fat fingered scummy imposters.. or theves…..there was this  one girl in  a black  mercedes suv… who looked like she had one of the scott renshaw look alikes in a car headed   with a whole  group of people into quail creek when i helped mr. dee… but that coud be just a coincidence… then there was this scuzzy handy man who was parked in a  white van behind me when i was trying to use the phone  to speak with Mr. Dee  bout running late and the garage bing partially open after i closed and locked it… while i was still at my home….he was actually blocked my view and  way out of the door by putting his arm over  the door… uck…  or the fake cousin david bodnar..the one who has really dark skin and dark hair…(?)  could it be another chek republic nanny who needs ot  get somtehing from my friends? or what???? these people steal a section of my life and then dont allow me to actually ever connect with the psople in that part of my life ever again.. like trying to get in touch eith rami al naimi… the oli ministers son who i knew wehen i was 13-14 years old…. or my friends from gogin to school in france….. or what now.. al my college freinds… even teh people i knew thguth maura’s law school days… or even pattie berndt.. who lived right down the street from  her when marua was going  to law school….

so what is there devious plan now… go to these pwople and tellthem soethign is wrong with me and they need money… to steal form them… or tryto get more contacts so they can steal mroe idenities.. i mean wheen gerard theat disgusting pig from brookleyn ney work wanted to know all the property my famly and relatives owned… and who they knew… ws it way of trying to isolate me from anyoen who coudl ever be my freind… or be of help to me or my hopes or my dreams??? or did he jsut want mroe addresses of people he could slime his way into ther lives and conn.. of scam like the handyman construction scum that he was.. did you know hies sister chritine even had the locks changed wheen he and his scum were goign into the house adn parting or whatever???? even his own famly didnt like him… or trust him….  Gosh i wish i had never in a million years ever come  close to that scummmmmmmmmm……. and i wish he had never ever hurt any of my famly memebers… i pray every day that he didtn do althis horrible adn tramatic thngs to my  real sisters and any of ther freinds.. but i kina thnk it may be too late… he has no morals..or values and he is pure scummmmmmmmm………  


i can’t say waht could have hapened to the pictures  when  the car or mybriefcse was outof my view who may or may not have gotten into the bag of pictures and memorabelia…. but college date function pictures.. what scummy pathetic wanna be would  steal those?????????????? 
Its my big sister:  allison carrol… and jeff keen.. and dan foley… and dawn felton…it pictures form 1980’s….. form university of florida date funcitoins…. pictures i know exactly what i was wearign.. where i bought the outfits… everything…. God DAMM them…. it s beyond criminal… its far beyond persoanl… i want they to nt ony pay damages. i want my real life back… my thngs back… myfamily back… and i want them in jail.. more people these criminals are trying  to scam money from?  and why the  hell doesnt anyone do anything about it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!     

pictures missing…
one of dawn felton and me at at function wher i have on a pick dress.. youcan see the mole on my shest i had to have removed… ina staw hat…
also same funciton me with  dan folley.. and jeff keen..
pictures of an old boyfriend  mike coop.. and allison carrol….
pictures of me in this white and royal blue and yellow outfit sitting with allison and others at this date funciton… two pictures liek those….
pictures of me from saudi… or someone who looks jsut like me.. but with a totally diferent chin…. one where i am holding up a black mood ring. one skiing in vail…  a whle group of them i was going  to take and have enlarged….