Exam 9: Torts and Privacy protection

Fact pattern 9-3 Alex and Blake got in a heated argument because Alex asked Blake's girlfriend out on a date.Blake decided that he wanted to scare Alex and drew back his fist to hit Alex.He stopped just as he was about to strike Alex in the nose.Alex yelled out,"You didn't scare me.I was ready for a fight!" Later,Alex decides that he would indeed like to sue Blake and asks your advice. -Refer to fact pattern 9-3.What would you tell Alex regarding whether he should sue Blake for committing an assault?

The tort of negligence does not include the element of ______.

Under the doctrine of ________,the plaintiff may only recover the proportionate amount of damages attributable to the defendant's negligence

The public disclosure of private facts that a reasonable person would find objectionable is a tort.

What must a plaintiff show to successfully sue for malicious prosecution?

In most jurisdictions,truth is not an absolute defense to a defamation claim.

The _________ doctrine imposes liability for physical injury to child trespassers caused by artificial conditions on the land.

What are the requirements for the application of res ipsa loquitur?

What does the term respondeat superior mean?

Fact pattern 9-1 Frank belongs to the same country club as his former physician,Dr.Bozo.Frank recently started dating Dr.Bozo's former wife,Alice,and decided to find a new physician.Frank found out that Dr.Bozo has been telling their mutual friends at the club about Frank's high blood pressure and problems with anxiety.Frank is very angry,confronts Dr.Bozo on the golf course and tells him that he is going to sue him under a federal law protecting medical information.Dr.Bozo laughs and says in front of a number of Frank's golfing buddies,"I'm not surprised that you're going nuts and that you have high blood pressure - hanging out with Alice has done that to many a man." -Refer to fact pattern 9-1.What right of action,if any,would Frank have against Dr.Bozo?

An employer may not be held directly liable under tort law for failure to use care in issuing a reference.

Which of the following is the exercise of dominion and control over the personal property,rather than the real property,of another?

Which of the following is true regarding assault?

Trespass to personal property and conversion are different names for the same tort.

Under the defense of assumption of risk,the plaintiff must have

Through the requirement of _________ cause the law places limits on the defendant's liability.

Which of the following is not a part of the attractive nuisance doctrine?

Bill,a student at State University,needed a way to get some cash quickly.He took a photograph of State University's head cheerleader,Marla,and started selling jerseys with her photograph on the back under the caption of "She's Hot." Marla wants to sue for defamation.She asks you if she could win on a defamation claim and if there is anything else for which she should sue.Discuss the elements of the legal theories involved and what you should tell Marla.

An employer may not be held vicariously liable for harm caused by an employee unless it can be established that the employee was acting within the scope of employment when the harm occurred.

In which of the following situations would the doctrine of res ipsa loquitur apply?