successful legal arguments against large-scale abuse

Undescribed Horrific Abuse, One Victim & Survivor of Many gmkarl at gmail.com
Fri Jun 30 10:54:24 PDT 2023


i thought the argument of "intentional infliction of emotional
distress" was of interest. some of us have been guilty of this when
engaging in trolling, shock memeing, spamming,
targeted/personal/misinformation, psychotic expressions, etc. raising
a legal point can help curb these habits.

i just have some written notes on this, the talk was by a linda
demaine yesterday, i didn't get most of it. conveniently she iterated
what is needed for each legal argument to have normal success, but i
didn't get all of that down.

Intentional Infliction of Emotional Distress
- when behavior stimulates significant emotional harm, those harmed
must be compensated
- most success when the behavior is clearly very unacceptable or abnormal
- most success when the behavior repeats such as in stalking

Fraud
- perpetrator gave misinformation
- complainant acted on this misinformation resulting in loss or harm
- has been more successful when the court in question has an
understanding of coercive persuasion

Undue Influence
- mostly used in wills and trusts, this is roughly unfair manipulation
of another's choices
- in a different talk it was mentioned this has started to find
success in other cases in california

Unjust Enrichment
- behavior benefited the perpetrator
- the complainant did not receive compensation for this benefit

False Imprisonment
- complainant had no reasonable means of leaving an area
- complainant was aware they were confined or harmed while without
means of leaving
- usually this has been applied to areas as big as a room or so,
people are trying to build use of this for much larger regions

Human Trafficking
- force, fraud, or coercion via threat of serious harm
- used to stimulate sex or forced labor, including forced volunteering

RICO racketeer influenced something or other
- missed this one, maybe i'm scared of organized crime


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