Question

PPlease answer each of the following multiple choice questions and support each answer with a paragraph explaining why your answer is correct. 

1. Guests of innkeeper Dave would be surprised to learn that inside the headboards of the beds are embedded recording devices. Dave, who has owned the inn for ten years, enjoys sitting at a console in the front office, tuning in to the private conversations of guests in the rooms. Once his devices picked up the words of a married man named Pete. Dave heard Pete confess to his wife, in response to her questioning, that he, Pete, had been molested by a priest when he was young. Dave repeated this gossip to mutual acquaintances, causing injury to Pete.

Can Dave be liable to Pete?

No, because the information that Dave repeated was truthful.

No, because the inn belongs to Dave and Dave has a privilege to enter the rooms of his property.

Yes, because a reasonable person would find the disclosure of molestation repugnant.

Yes, because Pete had a reasonable expectation of privacy in his room in the inn.

2. The model Mona, standing nearly six feet tall, weighs 150 pounds. Although she appears slender, she has earned significant praise in the media for being "sensible" and "reasonable" in her size, in contrast to other models deemed "too thin.” Journalist Dan uncovered a bit of dirt about the "sensible" Mona: ten years ago, as a teenager, Mona had weighed 105 pounds and was hospitalized for eating disorders. Mona has learned that six months ago Dan repeated this truthful story about her to a circle of journalists. No media announcements have emerged. Mona has asked you to advise her about a possible action against Dan alleging invasion of privacy.

You should advise her that she is:

likely to prevail, because the matter is not of legitimate public concern.

likely to prevail, because this disclosure is highly offensive to a reasonable person.

unlikely to prevail, because she is a public figure.

unlikely to prevail, because there has been no publication to the public at large.

3. The town of Laguna remembers the case of Deviant George, an old man who lived alone at the edge of town. A teenage girl arrived at the police station and claimed she had escaped from George's house, where she had been kept in a basement dungeon. She showed the police the house. When they entered, they found six other girls in the basement. George had kidnapped and sexually abused them. On the testimony of the girls, whose names were kept from the public, George was convicted and sent to prison, where he died. The town still talks about the trial. Last week the local newspaper ran a story about television actress Doris Daid, age 26. According to the news story, Daid had been one of George's victims. The story is true. The newspaper learned the information from civil court records; two years ago Daid filed a quiet, low-profile civil suit against the estate of George, and received a settlement from his limited assets. Daid is embarrassed and distressed by the newspaper story.

Which of the following statements best describes Daid's possible claim against the newspaper?

Daid has a strong claim for invasion of privacy, but a weak one for intentional infliction of emotional distress.

Daid has a weak claim for invasion of privacy because the information that the newspaper revealed was a matter of public record.

Daid has a strong claim for invasion of privacy because the news disclosed is not a matter of public significance.

Daid has a weak claim for invasion of privacy, but a strong one for intentional infliction of emotional distress.

4. Donna runs a "business intelligence" consulting business. Her work consists of attempting to learn her clients' competitors' trade secrets and other informational assets kept from the public. In May, posing as a charities solicitor, Donna gained entry to the factory floor of Toys Inc., a manufacturer of children's toys, and surreptitiously took pictures of the top-secret Christmas line. Donna sold the information to Giant, Inc. which used this information for competitive advantage against Toys, Inc.

In an action by Toys, Inc. against Donna for invasion of privacy, Toys Inc. should:

prevail, because Donna engaged in fraud.

prevail, because Donna's entry to the factory floor was not privileged.

not prevail, because a corporation cannot bring an action for invasion of privacy.

not prevail even assuming Donna has fulfilled the elements of invasion of privacy, because Toys cannot prove that Donna's actions caused its losses.

5. Stephanie is a famous actress. Which of these behaviors would give Stephanie her strongest claim for "appropriation of the plaintiff's name or likeness"? Assume that Stephanie has not consented to any of them.

A struggling entrepreneur uses the name and photo of Stephanie on the packaging of his new line of squash rackets.

A start-up entertainment magazine prints a photograph of Stephanie storming away from her boyfriend in a restaurant, and captions it "Stephanie Flying Low!"

A starving novelist names one of his characters Stephanie. The character, a waitress with ambitions to sell a screenplay she has written, is manipulative and dishonest.

6. A disgruntled ex-lover of Stephanie's gives a long interview to T.V. Times, a television show, describing their defunct relationship in painful detail. He is not paid by T.V. Times, but he uses his appearance on the show to promote his self-recorded music.

Senator Box thought nobody was nearby while she and three friends, guests in her condominium, smoked marijuana using her elaborate water-cooled pipe. As luck would have it, however, the building's smoke alarm went off and the building was evacuated. A television news crew came to the scene, and Box's friend Ted was videotaped clutching the pipe. Ted told all who would listen whose pipe it was and what it was used for. Box suffered damages related to professional disgrace.

Her lawsuit against the television station for invasion of privacy should fail because:

there was no intrusion.

she experienced no injury.

the television station is not the proper defendant.

the gathering and dissemination were not unreasonable.

7. Tina is a famous golfer. Bois, a manufacture of golf carts, used Tina’s photograph in an advertisement for their golf carts. Although Tina does own a golf cart manufactured by Bois, she did not consent to the use of her picture. Tina brings an action against Bois for invasion of privacy. Tina will

prevail under the theory of false light

prevail under the theory of appropriation of name or likeness

prevail under the theory of public disclosure of private facts.

not prevail since she owns a golf cart by Bois.

8. The Connection is a local newspaper in a small town which publishes local information about births, graduations, marriages and deaths. The Connection published, in a recent issue, “Mary Higgins just gave birth to twin girls.” In fact Mary is not married and has not given birth. Mary has suffered ridicule and embarrassment because of the news reported by the Connection. If Mary brings a cause of action against the Connection she will

prevail as the statement was slander.

prevail as the statement was libel.

prevail under libel re quod.

not prevail if the Connection retracted the story.

9. Newman is a host of a national talk show. Newman is very controversial and specializes in exposing celebrities and politicians. Newman decided to exploit his notoriety by marking a series of CD’s entitled “The Lifestyle of the rich and famous.” The CD's were comprised of old interviews that he had given and an overview of his opinion of the person he interviewed. Newman, although he recorded every interview that he had ever done, never listened to the recordings. On the CD there was a statement made by Newman after he interviewed the vice president’s wife Allie Gorbie. He stated Allie Gorbie was a lesbian, and loved to be the man in her relationships. In fact the story was a complete fabrication. Newman made the statement after the interview because he was angry since he was not happy with the interview. Over 10, 000 CD’s have been sold. If Allie brings a cause of action she will:

not prevail since Newman did not know of the statement.

not prevail since the statement was an opinion.

prevail since she is a public figure.

prevail since the statement was published.

10. Lee, who had been a party in a bench trial before Judge Bright, was dissatisfied with the outcome of the case. After the trial was concluded, Lee held a press conference and told Reporter Judge Bright is a very unfair judge.” Judge Bright reads the article in the newspaper the next day. If Judge Bright brings an action he will

prevail under the theory of defamation.

prevail since the statement was published.

not prevail since the paper published the statement.

not prevail since the statement was an opinion

Answer 1

1. YES because Pete had a reasonable expectation of privacy in his room in the inn.

Every person expects privacy of his conversation within his room. So Dave should not indulge into his private matters which could cause him any sort of harm.

2.She is likely to prevail, because the matter is not of legitimate public concern. as what is being praised is seen today, it is not of legitimate public concern

3.Daid has a weak claim for invasion of privacy because the information that the newspaper revealed was a matter of public record. The main thing which is considered by police is what is in the records so it was stronger claim against him at that time.

4.Toys Inc. should prevail, because Donna's entry to the factory floor was not privileged.

She is not allowed to go to any extent that is mentioned in the case

5.A disgruntled ex-lover of Stephanie's gives a long interview to T.V. Times, a television show, describing their defunct relationship in painful detail. He is not paid by T.V. Times, but he uses his appearance on the show to promote his self-recorded music. this is the strongest claim for appropriation of name

6.The gathering and dissemination were not unreasonable. it was a serious situation

7.Tina will prevail under the theory of appropriation of name or likeness as she was a famous golfer and that too she did not give any consent for the same.

8.Prevail under libel re quod.

9.Prevail since the statement was published.

10.not prevail since the statement was an opinion.lee was just expressing his views about the judge