MMC-4200 Exam 3 Cases_Well Updated Questions and Answers 100% A+ Graded

MMC-4200 Exam 3 Cases_Well Updated Questions and Answers 100% A+ Graded What is tort law? - CORRECT ANSWER-A body of law that creates and provides remedies for civil wrongs between two private parties that do not arise out of contractual duties What must a plaintiff prove in a suit based on tort in order for the defendant to be found liable? - CORRECT ANSWER-The defendant must be negligent. You have to show that the defendant owed the plaintiff a "duty of care." Also, if they fell below that standard of care that they were required. How is negligence defined? - CORRECT ANSWER-Negligent means the injury that you did to someone was reasonably foreseeable. What elements must the plaintiff prove to make out a case of defamation? - CORRECT ANSWER-• Defamatory content: "preponderance of the evidence" something that was said that was a false statement of fact that would damage the plaintiff's reputation • Has to show identification "of and concerning" the plaintiff • Publication - audience of at least one person other than the defendant and plaintiff o Third party • Falsity - public figure official (actual malice: publishing while knowing it was false or publishing it with no regard) o Someone who has been elected to office or done something of great importance • Fault - limited purpose public figure (vortex) (actual malice) o Someone who has made a difference in the community • Harm or damages "actual malice" (lost income, humiliation) Based on First Amendment concerns, what special burdens do public figures, elected officials, and limited purpose (vortex) public figures have to meet when they sue for defamation that private individuals do not have to meet? - CORRECT ANSWER-• Falsity and fault. • Private individuals who are defamed by a newspaper or a broadcast station, all that needs to be proven is negligence. They failed to take the care that they would injure the victim. If there is something that is so ridiculous, and would never be believed it is found as a "rhetorical hyperbole." This is not in favor for the plaintiff because they cannot prove defamatory content. What defenses may a defamation defendant raise? - CORRECT ANSWER-• Truth: ensuring that any potentially defamatory mater can be proven true • Fair report: defamatory statements made by others in certain settings often are conditionally privileged if the reporter, in good faith, accurately reports info in public interests. (arrest reports) • Neutral report: defamatory statements made about public figures or officials by a responsible, reliable organization or person, as long as the statements are reported accurately and impartially. • Third-party postings: internet publishers are not responsible for defamatory info posted by their readers unless the publishers exercise editorial control over the content. • Opinion: an opinion with no "provably false factual connotation" is protected by the First Amendment. • Consent: if a person gives permission for the publication of the information, then they cannot later sue for libel. • Retraction (?) What are the four privacy torts recognized by some or all states? - CORRECT ANSWER-• Intrusion - privacy is invaded when one intentionally intrudes, physically or otherwise, upon a person's solitude or into his private area or affairs. This tort may involve the wrongful use of recording devices, cameras or otherwise intrusive equipment. • Publication of private facts - publication of truthful information concerning the private life of a person that would be both highly offensive to a reasonable person and not of legitimate public interest. Ex.: revealing private, sensational facts about a person's sexual activity, health or economic status. • False light - invasion occurs when information is published about a person that is false or places the person in a false light, is highly offensive to a reasonable person, and is published with knowledge or in reckless disregard or whether the information was false or would place the person in a false light. • Misappropriation - the use of a person's name or likeness for commercial purpose without consent. If a defendant is strictly liable, it means that the plaintiff does not have to prove fault at all. (liability tort) What defenses may be raised by a privacy defendant? - CORRECT ANSWER-• Consent/ written consent • Truth - only in false light cases • Newsworthiness - the public has a legitimate interest in the story as it was reported. What different legal issues are raised when recording the conversations of third parties and conversations in which one is a participant? - CORRECT ANSWER-• Eleven states require the consent of every party to a phone call or conversation in order to make the recording lawful, including Florida • Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties • Even if the evidence could convict the defendant, it is not allowed to be included in the case if it was recorded in one of the eleven aforementioned states