Mneomics Flashcards

1
Q

Public Nuisance - right common to public defined

A

It’s a public nuisance because He Said People Come Everyday.

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2
Q

It’s a public nuisance because He Said People Come Everyday

A

Rights common to the public at large include public health, safety, peace, comfort and enjoyment.

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3
Q

Misrepresentation elements

A

Misleading Statements Injure Real Juris Doctors

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4
Q

Misleading Statements Injure Real Juris Doctors

A

Misrepresentation of material Fact
Scienter (intent, negligence or SL)
D meant to Induce P to rely
P actually did Rely
Reliance was Justifiable
P suffered damages

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5
Q

Defamation - defamatory statement definition

A

It’s defamation if it SHOCkS you!

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6
Q

Defamation - slander per se

A

Slander per se needs to go to the CLUB

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7
Q

It’s defamation if it SHOCkS you!

A

A defamatory statement is one that is likely to cause
Scorn
Hatred
Obliquy
Contempt
Shame

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8
Q

Slander per se needs to go to the CLUB

A

Slander per se is a spoken defamatory statement involving accusations of:
1) a crime of moral turpitude;
2) loathsome disease
3) Unchastity
4) Unfit for business or profession

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9
Q

Defamation - Fair comment privilege

A

It’s fair comment if Oprah Calls Dad or Grandpa Ken For a TAG concerning a MOP.

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10
Q

It’s fair comment if OPRAH Calls Dad or Grandpa Ken For a TAG Concerning a MOP

A

D has a qualified privilege to defame D if:
1) The defamatory statement is Opinion or Criticism;
2) Based on Facts Disclosure or Generally Known;
3) The Facts are Assumed, Known or Gleaned from a prior statement;
4) Concerning a Matter Of Public interest.

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11
Q

Defamation - Qualified Privilege - Private Interest

A

D can defame if protecting himself or others and
Mom Paid Sal to Invent Purple Ink and Communicated to Sam I Need to Pump the Ink.

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12
Q

D can defame if protecting himself or others and Mom Paid Steph to Invent Purple Ink and Communicated to Steohen I Need to Pump the Ink

A

D can defame if protecting himself or others and the
Matter Pertains to a Sufficiently Important Private Interest and Communicating the Statement Is Necessary to Protect the Interest.

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13
Q

Defamation - abuse of qualified privileges

A

Qualified Privileges are abused if D
Eats Unicorns Not Apples

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14
Q

Qualified Privileges are abused if he Eats Unicorns Not Apples

A

Qualified privileges are abused if D:
1) Excessively publishes the statement;
2) the statement was Unrelated to the interest to be protected;
3) the statement was not Necessary to protect the interest; and
4) acted with Actual malice.

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15
Q

IOP Misappropriation - manner

A

It’s appropriation because
Regular People Say Campbell’s Soup Pays Its Venues.

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16
Q

IOP - False Light defined

A

Remember the ABCs of false light

17
Q

It’s appropriation because Regular People Say Campbell’s Soup Pays Its Venues

A

P’s name and likeness is appropriated if D invokes his:
Reputation
Prestige
Social or Commercial Standing
Public Interests, or
Other values of his name or likeness.

18
Q
A