Mneomics Flashcards
Public Nuisance - right common to public defined
It’s a public nuisance because He Said People Come Everyday.
It’s a public nuisance because He Said People Come Everyday
Rights common to the public at large include public health, safety, peace, comfort and enjoyment.
Misrepresentation elements
Misleading Statements Injure Real Juris Doctors
Misleading Statements Injure Real Juris Doctors
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
Defamation - defamatory statement definition
It’s defamation if it SHOCkS you!
Defamation - slander per se
Slander per se needs to go to the CLUB
It’s defamation if it SHOCkS you!
A defamatory statement is one that is likely to cause
Scorn
Hatred
Obliquy
Contempt
Shame
Slander per se needs to go to the CLUB
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
Defamation - Fair comment privilege
It’s fair comment if Oprah Calls Dad or Grandpa Ken For a TAG concerning a MOP.
It’s fair comment if OPRAH Calls Dad or Grandpa Ken For a TAG Concerning a MOP
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.
Defamation - Qualified Privilege - Private Interest
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.
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
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.
Defamation - abuse of qualified privileges
Qualified Privileges are abused if D
Eats Unicorns Not Apples
Qualified Privileges are abused if he Eats Unicorns Not Apples
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.
IOP Misappropriation - manner
It’s appropriation because
Regular People Say Campbell’s Soup Pays Its Venues.