INDIVIDUAL RIGHTS

Question 2

Defamation

Answer 2

publication of false statements that cause harm to another party

Question 3

Libel

Answer 3

refers to defamatory statements in writing

Question 4

slander

Answer 4

refers to spoken statements

Question 5

To recover for defamation

Answer 5

the plaintiff must generally establish the following elements: (1) an untrue statement of fact, (2) published to third parties, (3) on an unprivileged occasion, and (4) damaging to the plaintiff’s reputation

Question 6

Invasion of Privacy. The tort of publicity of private facts

Answer 6

A person commits the publicity tort if he: • Publicises broadly • Private facts about another • Which would be highly offensive to a reasonable person • About a matter in which the speaker does not have a legitimate interest

Question 7

Invasion of Privacy. Intrusion

Answer 7

the unreasonable, deliberate prying into private matters or the “seclusion” of another without a legitimate interest or authority

Question 8

False Imprisonment

Answer 8

the unlawful restraint by one person of the physical liberty of another without consent or legal justification. The tort occurs when there is: • An intent to confine • An act resulting in confinement • Consciousness of confinement or resulting harm

Question 9

A malicious prosecution claim

Answer 9

seeks recovery of damages for having to endure and defend a groundless lawsuit that the defendant filed, or caused to be filed, against the plaintiff. In general, to bring a successful malicious prosecution claim, the plaintiff must show evidence of a deliberate, groundless prosecution involving the following elements: • Criminal proceedings must have been instituted by the defendant against the plaintiff • Those proceedings must have been concluded favourably to the plaintiff • There must have been a lack of reasonable and probable cause for the defendant’s conduct • There must have been an improper purpose underlying the defendant’s conduct, not an honest belief in guilt

Question 10

Intentional infliction of emotional distress

Answer 10

refers to any unprivileged conduct that is so outrageous and egregious that it exceeds all bounds usually tolerated by civilized society and that is intended to cause injury (or was committed with reckless disregard for the likelihood of its causing injury) to another

Question 11

Wrongful Discharge

Answer 11

e occurs when an employer discharges an employee for an improper reason (e.g., discrimination), in violation of actual or implied employment contract or company policies

Question 12

The Right to Remain Silent apply

Answer 12

lthough this applies to persons being questioned by
government authorities or someone acting at their requests, it generally does not apply in the
case of a purely internal investigation by a company.

Question 13

The Right to Remain Silent

Answer 13

suspect or an accused person has the right to remain silent both at the investigative stage and
at the trial stage of criminal cases.

Question 14

However, if the examiner has been in touch with law enforcement prior to the interview, then a more
difficult question is presented

Answer 14

if police or other law enforcement personnel are involved during an investigation,
then the suspect may have certain legal rights

Question 15

Right to Counsel

Answer 15

If an individual is the subject of a criminal investigation by government authorities, he or she
may also have some type of right to consult an attorney and/or have an attorney appointed.

Question 16

Generally, any waiver of the right to counsel must not ____, but be premised on
a ____________.

Answer 16

only be voluntary

a true appreciation of the consequences of giving up that right.

Question 17

Confessions may only be admitted into evidence

Answer 17

Such statements made out of court by the accused if the

prosecution shows that the statement was made freely and voluntarily.

Question 18

Definition of a Search Warrant

Answer 18

A search warrant is an order issued by a justice under statutory powers, authorising a named
person to enter a specified place to search for and seize specified property which will afford
evidence of the actual or intended commission of a crime. A warrant may issue upon a
sworn information and proof of reasonable grounds for issuance.

Question 19

Evidence in Plain View

Answer 19

The courts have held that police officers
may seize items which are not mentioned in the search warrant when the items being seized
are in the plain view of the police officer. The doctrine applies only if a police officer is
legally authorised to search the premises

Question 20

rules for determining whether an employee has a reasonable privacy expectation in a particular area

Answer 20

The key factor to consider is whether the employee has exclusive control over the area in question.

Question 21

Untrue Statement of Fact

Answer 21

To be defamatory, the statement must be a statement of fact or expression of opinion and it
must be untrue. Truth is an absolute defence to defamation.

Question 22

Published to Third Parties

Answer 22

The defamatory remarks must be shown to have been published, that is, they must have been
communicated to some person other than the one defamed, even if only to a single individual.

Question 23

Unprivileged Occasions

Answer 23

The occasion in which the defamatory statement is made must be an unprivileged one. The
law recognises certain occasions for privileged conversations, including:
• Statements made in preparation of judicial proceedings
• Statements made between a solicitor and his or her client

Question 24

Damaging to Reputation

Answer 24

The statement made must damage the reputation of a party to be actionable as a defamatory
statement. Public figures must expect to be legitimate objects of fair comment.