Kaplan Pgs 685-703 The Rest! Flashcards
What is the major requirement for intrusion into seclusion?
That the intrusion be highly objectionable to a reasonable person
If you eavesdrop on someone’s conversation as they walk down the sidewalk, is that considered to be intrusion into seclusion?
No, because they didn’t have a reasonable expectation of solitude or privacy on a public sidewalk
What does the plaintiff have the burden of proving under appropriation of identity or likeness?
That he did not consent to the defendant’s use of his identity or likeness
Why does a biographer that was paid to write an unauthorized book about a famous person not count as appropriation of identity or likeness?
Because the wrongful use of the identity or likeness has to be in connection with the promotion of a product or service. Just because the defendant got an economic benefit from using the plaintiff’s identity is not enough for a violation
If you communicate private facts about someone to a third person, can that be a public disclosure of private facts?
No, because the private facts must be disseminated to the public
What is a situation when you cannot sue for public disclosure of private facts?
When the publication is newsworthy.
If an attorney gave advice to his client to institute a criminal proceeding, would that be enough to ensure that malicious prosecution could not be argued?
Yes, as long as:
- defendant made a full and fair disclosure of all relevant facts to the attorney
- attorney is competent and admitted to practice in the jurisdiction
Can a police officer be held liable for malicious prosecution?
Only if he was acting beyond the scope of his duties or authority, or without probable cause
What is the best defence for malicious prosecution?
Establishing by a preponderance of the evidence that the plaintiff was actually guilty of the crime he was prosecuted for
What is the civil equivalent of malicious prosecution?
Wrongful institution of civil proceedings
Under respondeat superior, what is the difference between situations where it will be held that the employee’s deviation was outside of the scope of his employment and when it will be held to be within the scope?
- FROLIC: major deviation that is outside the scope
– DETOUR: small deviation that is within the scope. The more minor the deviation is in time and geographic area, the more likely it is just a detour
At common law, the owner of a motor vehicle was not liable for its negligent operation by someone else that was using it unless what four things?
Dash the operator was acting as the owners agent
– the owner was present in the car and maintain some control over the operation
– the owner negligently entrusted the vehicle
– the owner and Driver were engaged in a joint enterprise or partnership activity
Modernly: the owner of a motor vehicle is liable for its negligent operation by anyone that has permission to use it for whatever reason
