Deck 21: Invasion of Privacy

Question 1

Public disclosure of private fact requires the communication of a false private fact.

Answer 1

False

Question 2

Give examples of factors that will help persuade a court that the plaintiff was engaging in a private activity at the time of the defendant's conduct.

Answer 2

The plaintiff was not in a public place at the time; the plaintiff was caught off guard through no fault of his or her own; the defendant took advantage of a vulnerable position that the plaintiff was in; the activity of the plaintiff concerned something that society would consider none of anyone else's business.

Question 3

MATCHING
a.intrusion
e.newsworthy
b.appropriation
f.constitutional malice
c.public disclosure of private fact
g.public figure
d.false light
offensive publicity on a nonpublic matter

Answer 3

G

Question 4

MATCHING
a.intrusion
e.newsworthy
b.appropriation
f.constitutional malice
c.public disclosure of private fact
g.public figure
d.false light
offensive prying into something private

Question 5

Distinguish between publication in the tort of defamation and publicity in the torts of public disclosure of private fact and false light.

Question 6

When is a person placed in a false light?

Question 7

Whether an intrusion is considered offensive is determined by a subjective test or standard.

Question 8

MATCHING
a.intrusion
e.newsworthy
b.appropriation
f.constitutional malice
c.public disclosure of private fact
g.public figure
d.false light
of legitimate public interest

Question 9

Ted is a dentist who lost his license to practice after the dental board ruled that too many credible dental malpractice claims had been filed against him.Twenty years after he loses the license, a local TV station, WDCA, publishes a mostly accurate story that gives the details of his history as a dentist.The one fact that is inaccurate is a statement that Ted cheated on the dental examination he took to become licensed.What invasion of privacy tort has probably been committed ________?

A)intrusion
B)appropriation
C)public disclosure of private fact
D)false light

Question 10

Public disclosure of private fact can be established even if the only person to whom the defendant communicated the private fact was the plaintiff.

Question 11

MATCHING
a.intrusion
e.newsworthy
b.appropriation
f.constitutional malice
c.public disclosure of private fact
g.public figure
d.false light
person of prominence

Question 12

MATCHING
a.intrusion
e.newsworthy
b.appropriation
f.constitutional malice
c.public disclosure of private fact
g.public figure
d.false light
knowledge of falsity or reckless disregard of truth or falsity

Question 13

Appropriation is the use of the plaintiff's name, likeness, or personality for the benefit of the user.

Question 14

Give examples of factors that will help persuade a court that the plaintiff was engaging in a public activity at the time of the defendant's conduct.

Question 15

MATCHING
a.intrusion
e.newsworthy
b.appropriation
f.constitutional malice
c.public disclosure of private fact
g.public figure
d.false light
use of someone's likeness for your own benefit

Question 16

What are the four invasion of privacy torts?

Question 17

When is probing considered intrusion?

Question 18

MATCHING
a.intrusion
e.newsworthy
b.appropriation
f.constitutional malice
c.public disclosure of private fact
g.public figure
d.false light
offensive publicity creating an inaccurate impression

Question 19

Ted is a dentist who lost his license to practice after the dental board ruled that too many credible dental malpractice claims had been filed against him.Twenty years after he loses the license, a local newspaper, the Sun Times, publishes an accurate story that gives the details of his history as a dentist.What invasion of privacy tort has probably been committed ________?

A)intrusion
B)appropriation
C)public disclosure of private fact
D)false light