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Question 1
John Rambo, a high profile retired army vet, dies leaving behind five children. In his will, he leaves his estate to his four youngest children but disinherits his eldest son John Jr. About his eldest son, Rambo writes in his will "that son of mine is good for nothing. His wife even left him because he couldn't satisfy her. Somebody who can't even perform as a man will never inherit a dime from me." Three days after the will is probated, Murdock, a reporter for the newspaper for the university that John Jr. attends, publishes an article claiming that John Jr. is impotent. In an action against Murdock for invasion of privacy, John Jr. will:
Correct
Incorrect!
Correct
Incorrect!
Correct To prove a prima facie case of public disclosure of private facts, plaintiff must prove a highly offensive disclosure by defendant of private facts about plaintiff. In addition, plaintiff must demonstrate that there was no legitimate public interest that was served by having these private facts disclosed, that defendant was at fault for making the public disclosure of private facts, and that defendant's actions were both the actual and proximate cause of the disclosure and of the harm plaintiff suffered. However, any facts that are known or that are a matter of public record cannot be the basis of a cause of action. A will is a public document and thus, any information in a will is considered a matter of public record. Because Murdock only wrote what was already a matter of public record, C is correct. Please note that D is incorrect because truth is never a defense to a suit for public disclosure of private facts.
Incorrect! To prove a prima facie case of public disclosure of private facts, plaintiff must prove a highly offensive disclosure by defendant of private facts about plaintiff. In addition, plaintiff must demonstrate that there was no legitimate public interest that was served by having these private facts disclosed, that defendant was at fault for making the public disclosure of private facts, and that defendant's actions were both the actual and proximate cause of the disclosure and of the harm plaintiff suffered. However, any facts that are known or that are a matter of public record cannot be the basis of a cause of action. A will is a public document and thus, any information in a will is considered a matter of public record. Because Murdock only wrote what was already a matter of public record, C is correct. Please note that D is incorrect because truth is never a defense to a suit for public disclosure of private facts.
Correct
Incorrect!
Question 2
John has been married to Jackie for over twenty years. During that time, John has been having an ongoing affair with Marilyn. John's best friend Bobby is the only one who knows about the affair. Bobby, after getting into a fight with John, tells several of his friends about John's infidelity. As a result of Bobby's actions, Jackie divorces John and several of John's friends stop associating with him. In an action against Bobby, John will probably:
Correct
Incorrect!
Correct To prove a prima facie case of public disclosure of private facts, plaintiff must prove a highly offensive disclosure by defendant of private facts about plaintiff. In addition, plaintiff must demonstrate that there was no legitimate public interest that was served by having these private facts disclosed. Here, Bobby disclosed private facts about John, and he disclosed them to enough people that it qualifies as publication. Further, the fact that John actually did have an affair makes no difference because truth is never a defense to an action for public disclosure of private facts. A and C are wrong because truth is a defense to a defamation action. Therefore, because John actually did have the affair, he cannot recover for defamation.
Incorrect! To prove a prima facie case of public disclosure of private facts, plaintiff must prove a highly offensive disclosure by defendant of private facts about plaintiff. In addition, plaintiff must demonstrate that there was no legitimate public interest that was served by having these private facts disclosed. Here, Bobby disclosed private facts about John, and he disclosed them to enough people that it qualifies as publication. Further, the fact that John actually did have an affair makes no difference because truth is never a defense to an action for public disclosure of private facts. A and C are wrong because truth is a defense to a defamation action. Therefore, because John actually did have the affair, he cannot recover for defamation.
Correct
Incorrect!
Correct
Incorrect!
Question 3
George has announced that he is running for president. During a bitter campaign, Al tells some reporters that George takes pills three times a day to fight off debilitating headaches. When this information is reported, many voters stop supporting George and, as a result, George loses the election. In an action against Al, George will most likely:
Correct
Incorrect!
Correct
Incorrect!
Correct To prove a prima facie case of public disclosure of private facts, plaintiff must prove a highly offensive disclosure by defendant of private facts about plaintiff. In addition, plaintiff must demonstrate that there was no legitimate public interest that was served by having these private facts disclosed. It is safe to say that the health of a presidential candidate is a legitimate public interest. Also, the lives of public figures may be generally considered to be legitimate public interest. However, there are certain elements to a public figure's life that are so private as to be considered beyond legitimate public interest. Whether or not George's need for medication is beyond public interest is not in question.
Incorrect! To prove a prima facie case of public disclosure of private facts, plaintiff must prove a highly offensive disclosure by defendant of private facts about plaintiff. In addition, plaintiff must demonstrate that there was no legitimate public interest that was served by having these private facts disclosed. It is safe to say that the health of a presidential candidate is a legitimate public interest. Also, the lives of public figures may be generally considered to be legitimate public interest. However, there are certain elements to a public figure's life that are so private as to be considered beyond legitimate public interest. Whether or not George's need for medication is beyond public interest is not in question.