Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Case Law (A) Finders > Case Law (B) - Privacy Guide > Flashcards

Case Law (B) - Privacy Guide Flashcards

Memory to help mitigate use of cheat sheet during the final exam

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What is the Relevant Law for Issue: Does X have a legal claim against Y?

A

Hosking v Runting

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What are the three elements to meet the test under the tort of invasion of privacy as established by Hosking v Runting?

A

a) Facts with expectation of privacy
b) Highly offensive publicity
c) No legitimate public concern

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the two sub-elements to meet the test under the defence of legitimate public concern?

A

a) Degree of Journalistic Latitude (Rogers)
b) Logical Nexus between plaintiff andn public concern (Shulman,in Andrews)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the two sub-elements that need to be met to claim under sub-issue #1: Facts with Expectation of Privacy?

A

a) Facts of intimate character or personal nature (Andrews)
b) Whether there are private facts (Hosking)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What are the elements that need to be met to claim under sub-issue #2: Highly Offensive Publicity?

A

a) Publicity must be humiliating or distressful (Hosking)
b) Plaintiff must be identifiable (Bradley v Wingnut Films)
c) Tone of publicity is relevant (Andrews)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the relevant law for the following principle/ratio: “Facts of intimate character or personal nature”?

A

a) Hosking v Runting

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the relevant law for the following principle/ratio: “Public vs Private Place”

A

c) ABC v Lenah Games Meats

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

hat is the relevant law for the following principle/ratio: “Can be public for one but private for another purpose”?

A

d) TVNZ v Rogers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is the relevant law for the following principle/ratio: “Time of publicity determinative “?

A

TVNZ v Rogers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the relevant law for the following principle/ratio: “Plaintiff culpability if unrelated to reason for publicity”

A

Andrews v TVNZ

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the relevant law for the following principle/ratio: “Public facts may become private over time”?

A

Tucker v News Media Ownership

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the relevant law for the following principle/ratio: “Publicity truly humiliating or distressful”?

A

Hosking v Runting

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the relevant law for the following principle/ratio: “Plaintiff must be identifiable”?

A

Bradley v Wingnut FIlms

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the relevant law for the following principle/ratio: “Tone of publication is relevant”?

A

Andrews v TVNZ

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

The relevant law for the following” “Publicity may not be offensive in one circumstance, but offensive in another”? is..

A

R v Mahanga

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is the Relevant Law for the following principle/ratio: “Plaintiff’s consent is irrelevant”?

A

Andrews v TVNZ

17
Q

What is the Relevant Law for the following principle/ratio: “Concern is not the same as interest”?

A

Andrews v TVNZ

18
Q

What is the Relevant Law for the following principle/ratio: “Courts role is to not act as a censor”?

A

Andrews v TVNZ

19
Q

The Relevant Law for the following: “The greater the invasion of privacy, the greater public concern must be””? is…

A

Andrews v TVNZ

20
Q

The Relevant Law for the following: “Must be a logical nexus between role of plaintiff and public concern”? is…

A

Shulman & Others v Group W Productions (Adopted in Andrews v TVNZ)

21
Q

What is the relevant law for the following principle/ratio: “Degree of journalistic latitude”?

A

TVNZ v Rogers

22
Q

What case is Vickery v Nova Scotia Supreme Court similar to?

A

TVNZ v Rogers

23
Q

What case is Shulman & Others v Group W Productions simialr to?

A

Andrews v TVNZ

24
Q

What case first estbalished the concept of plaintiff culpability?

A

Campbell v Minor Group Newspaper (Reaffirmed by Andrews v TVNZ)

25
Q

What case estbalishes the principle/ratio: “Proportionality = Level of public concern must out weigh privacy invasion”?

A

Hosking v Runting

26
Q

What case introduces the scale to test public concern vs. privacy invasion?

A

TVNZ v Rogers

27
Q

What concept(s) is relevant to the defence of public concern?

A

A) Open Justice

B) Freedom of Expression

28
Q

Celebrities have a lower threshold of public concern…

A

Hosking v Runting

29
Q

Courts must allow for contexualisation to explain the public interest…

A

Andrews v TVNZ

30
Q

Who was succsessful in Hosking v Runting?

A

Defendant (Runting)

31
Q

Who was succsessful in TVNZ v Rogers?

A

Plaintiff (TVNZ)

32
Q

Who was succsessful in Andrews v TVNZ?

A

Defendant (TVNZ)

Case Law (A) Finders (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions