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When Kitty Was 16 Years Old,she Was Arrested for Shoplifting,underage

Question 102

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When Kitty was 16 years old,she was arrested for shoplifting,underage drinking and stealing a car.Five years later,all three convictions were expunged from her record.(Expungement means that all records of the arrests are sealed and removed from the public record.)Kitty is now a CPA and is running for County Treasurer.She is well respected in the county,working with numerous charitable organizations,lecturing on ethics to elementary and secondary school children,serving as a scout leader for her children's troop and serves on the board of directors for two prominent corporations in the county.Her opponent is way behind in the polls and asks her father,the long time county District Attorney for advice.Dad remembers the three expunged convictions and supplies the information to his daughter who announces the information to the press who prints a front page story.Kitty,now a model citizen is ashamed and devastated.She can't sleep,her daughters are being taunted in school,parents are removing their children from her troop and she's been removed from her board positions.The charities are distancing themselves from her and schools have told her she's not who they want teaching ethics.Finally,after losing an overwhelming lead in the polls,she loses the election.Does she have a cause of action against her opponent? Why or why not?

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While Kitty cannot sue for defamation be...

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