29 Questions
What is required to give rise to a cause of action for invasion of privacy based on public disclosure of private facts?
Publicity
According to the case, what type of communication will not give rise to an invasion of privacy claim?
Communication into a single individual or to a small group of people
How is 'publication' defined in the context of invasion of privacy?
Any communication by the defendant to a third person
What is the focus of common-law malice in a false light case?
Defendant's attitude toward the plaintiff's privacy
In the case of Cain v. Hearst Corp., what was Cain's complaint about the newspaper article?
That it printed false information about him being a member of the Dixie mafia and killing eight people
What does 'publicity' mean in the context of invasion of privacy?
Making the matter public by communicating it to the public at large
Is it considered an invasion of privacy to communicate a fact concerning a plaintiff's private life to a single person?
No
What is the rule regarding defamatory speech?
Defamatory speech is only that which defames
Under false light, what can be the basis for liability?
Any fact in a story, no matter how seemingly innocuous
What is the distinction between private and public communication according to the text?
Publicity
In the case of Denny v. Mertz, what was the subject of the published article by BusinessWeek?
Change management in the company
What is the main requirement for liability in the context of public disclosure of private information?
Publicity
In the case of McCormick v. England, what confidential communications were published to the public?
Diagnosis of major depression and alcoholism
What duty did McCormick allege Dr. England breached?
Duty of non-disclosure of confidential communications
What distinguishes an action for a physician's breach of confidence from an action for invasion of privacy?
Existence of a compelling public interest or other justification for disclosure
What type of tort can be pursued if a physician breaches the duty to maintain patient confidences?
Actionable tort
What was the outcome in the case of McCormick v. England?
Remanded
According to the court's decision, can a newspaper or broadcaster claim a constitutional privilege against liability for publishing defamatory falsehoods about a private individual?
No
Why was Gertz not considered a public official in this case?
Because he was largely unknown in the community
What standard of fault does the recklessness standard apply to according to the court's decision?
Defamation of public figures or public officials
In the context of the opinion, why did Justice Powell argue that ordinary citizens should be allowed more protection from libelous statements than public figures?
To establish that private citizens deserve more protection from defamation
What type of damages may a private individual like Gertz receive for defamation if there is no actual malice present?
Damages for actual injury
According to the court's decision, who should decide the legal remedies for defamatory falsehoods damaging the reputation of private individuals?
States
What type of privilege did the psychiatrist argue for in the Peck case?
Absolute privilege
In the Stukuls v. State case, what was the content of the letter that Dr. Corey read to the committee?
The letter accused the individual of sexual assault and marital infidelity.
What was the outcome in the Peck case regarding the psychiatrist's argument for absolute privilege?
The absolute privilege applied.
Why did Dr. Corey not have absolute privilege in the Luttrell v. Write case?
Dr. Corey did not have absolute privilege because his roles did not fall within the categories entitled to such privilege.
What was the basis for the court's decision in the Peck case to apply absolute privilege?
The defamatory statement was made in connection with a pending judicial proceeding.
In the Stukuls v. State case, what were the implications of Dr. Corey reading the unverified letter to the committee?
The individual was denied tenure and suffered damage to reputation.
Test your knowledge on the Edisto Farm Credit case study involving a plaintiff barring money from a defendant, resulting in financial problems and asset liquidation. Explore the events and legal implications of the case.
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