Invasion Of Privacy Case
Summary
Amber may have committed invasion of privacy by publicizing private facts without consent. Jamie and the store formed an expressed contract. Cindy could sue Adam for placing her in a false light. Beckys case for negligent infliction of emotional distress depends on specific factors. Adams situation involves a chilling effect. The court may not agree with the stores assertion about the ad. Abbeys intoxication affects her capacity to contract. Johns wife asserts pre-terror impact theory. The courts decision on the motion to dismiss depends on various factors. Contracts can be oral or written unless under the Statute of Frauds. Susans attorney would file a motion to dismiss. Conservative legal theorists support textualist and originalist theories. The court may review Stevens case under strict scrutiny. The Jacob and Laban story involves fraud and violation of contract. Cindy can sue John for battery. The summer camp might argue assumption of the risk. Stacy committed battery. The Statute of Frauds doesnt apply to Jacob and Labans story. The federal judiciarys authorityFull Conversation
Jamie goes into a store looks a skirt, tries it on, goes to the cashier, pays for it, and walks out with the skirt. Both store and Jamie formed a ________.
Question * options:
expressed contract
implied contract
formal contract
informal contract
Jamie and the store formed an "expressed contract". This is when both parties explicitly state all important terms and conditions. It's clear in Pennsylvania law that when goods or services are exchanged with mutual consent, an expressed contract is formed.
Adam has resented Cindy ever since she got away with getting his friend fired. Adam discovers that Cindy was accused of being a prostitute a few years ago. He tells people that implying she is still a prostitute and various men ask her out accordingly. Cindy sues Adam for _____________.
Question * options:
disclosure of private affairs
intrusion into private affairs
placing her in a false light
a & b
c & a
Cindy could potentially sue Adam for "placing her in a false light". This is a type of invasion of privacy where someone presents another person in a false way that is damaging. However, all cases are unique and this doesn't constitute legal advice.
Becky is standing two feet away when she sees the car hit Amy hears her scream and watches Amy die in Andy's arms as he cries in despair. She develops depression and migraine headaches. Becky sues the driver of the car under negligent infliction of emotional distress. The driver of the car moves to dismiss because Becky can't prove the elements of the claim. Becky's attorney claims she was affected by the sight of the accident and developed emotional/psychological injury. John's attorney agrees that Becky is suffering due to witnessing the accident. The judge will rule in Becky's favor.
Question * options:
TRUE
FALSE
The judge ruling in Becky's favor depends on several factors. In Pennsylvania, to claim negligent infliction of emotional distress, generally, the plaintiff must:
- Be located near the scene of the accident
- Suffer shock as a result of a direct emotional impact
- Suffer from a physical manifestation of the emotional distress
If Becky's case fulfills these, it's possible the judge could rule in her favor. However, every case is unique. This doesn't constitute legal advice.
- Be located near the scene of the accident
- Suffer shock as a result of a direct emotional impact
- Suffer from a physical manifestation of the emotional distress
If Becky's case fulfills these, it's possible the judge could rule in her favor. However, every case is unique. This doesn't constitute legal advice.
Adam wants to go to a protest, but he reads a law that makes certain types of protestors subject to arrest. He knows that the law is unlawful, but he does not want to be the person who gets arrested to challenge the law, so he does not protest. The concept best applied to the statute and its result is___________.
Question * options:
overbroad
content neutral
vague
chilling effect
The legal concept that best applies to Adam's situation is "chilling effect". This refers to laws or actions by the government that discourage individuals from exercising their rights out of fear of legal repercussions. Please note this doesn't constitute legal advice.
ohn sees an ad in the newspaper that says that the first person in the store and gets the bike to the cashier can buy the bike for one dollar. The bike is valued at four hundred dollars. The store fails to honor the sale when John gets to the cashier first. John sues. The store asserts that the store ad was not a contract. The court will agree.
Question * options:
TRUE
FALSE
The court may not agree with the store. In Pennsylvania, an advertisement can be seen as an "invitation to treat", and if John was the first in the store as per the ad's terms, he may have a case. Note that this doesn't constitute legal advice.
Abbey is 21 years old and was drunk when she agreed to buy the car. Abbey refuses to pay John for the car. John sues. Abbey under ___________ she is not obligated to buy the car.
Question * options:
undue influence
duress
capacity
mistake
legality
The concept that may apply here is "capacity". In Pennsylvania, intoxication can affect a person's capacity to enter into a contract. If Abbey was intoxicated to the point where she couldn't understand the nature and consequences of the agreement, she might not be legally obligated to buy the car. Please note this is not legal advice.
John dies in a car crash with a truck. His wife sued asserting that he suffered psychological injury when he saw the truck heading for him and there was nothing he could do but consider his life was about to end. They found fecal matter in his pants.
His wife is asserting what theory?
Question * options:
Intentional Infliction of Emotional Distress
Zone of Injury
Pre-terror impact
Negligence
Negligent Infliction of Emotional Distress
The wife is asserting the "Pre-terror impact" theory. This is a legal theory that suggests a person can recover damages for the fear experienced in the moments before a fatal accident. However, please note that this doesn't constitute legal advice.
John dies in a car crash with a truck. His wife sued asserting that he suffered psychological injury when he saw the truck heading for him and there was nothing he could do but consider his life was about to end. They found fecal matter in his pants. The truck company files a motion to dismiss. The court will grant the motion.
Question * options:
TRUE
FALSE
The court granting the motion to dismiss depends on various factors. In Pennsylvania, pre-impact fear is recognized in wrongful death claims, but specific conditions must be met. However, this answer doesn't constitute legal advice. Each case is unique and may have different outcomes.
John dies in a car crash with a truck. His wife sued asserting that he suffered psychological injury when he saw the truck heading for him and there was nothing he could do but consider his life was about to end. They found fecal matter in his pants. The truck company files a motion to dismiss. The court will grant the motion.
Question * options:
TRUE
FALSE
The court granting the motion to dismiss depends on various factors. While Pennsylvania recognizes pre-impact fear in wrongful death claims, specific conditions must be met. This is general information, each case is unique and may have a different outcome.
A contract that says Abbey will do A for Bobby when Cindy does B for Abbey _________.
Question * options:
is formal
can be written
can be oral
must be written
a & d
The contract that says Abbey will do A for Bobby when Cindy does B for Abbey "can be written" or "can be oral". In Pennsylvania, contracts can be either oral or written unless they fall under the Statute of Frauds, which requires certain contracts to be written. This doesn't constitute legal advice.
Susan's attorney determines after reading the complaint that it is clear that Sam can't prevail in the lawsuit as a matter of law. Susan's attorney files a ____________.
Question * options:
motion for summary judgment
motion to dismiss
an answer
motion to preclude discover
motion for directed verdict
Susan's attorney would likely file a "motion to dismiss". This is a request to the court to dismiss a case because of various reasons, including the lack of legal basis to continue with the case. However, every case is unique and this doesn't constitute legal advice.
Conservative legal theorists and judges support the __________ theory of constitutional interpretation.
Question * options:
textualist
originalist
living
legal realism
a & b
Answer: Conservative legal theorists and judges generally support the "a & b" theories of constitutional interpretation, that is, "textualist" and "originalist". These theories emphasize interpreting the Constitution as its authors intended and often closely follow the document's text. This doesn't constitute legal advice.
Steven and his organization, The Right to Life of NY, marched and picketed at a funeral and yelled at the people that their son died serving a country that had abandoned God and supported abortion, and their son was punished by God. Abortion is a moral wrong and a just society should make abortion unlawful they yelled. The family sued Steven and the organization for intentional infliction of emotional distress. Steven claimed protection of the First Amendment. The Right to Life of N.Y. were on church property when they protested. The court will _____________.
Question * options:
grant the protestor's motion to dismiss which asserted First Amendment protection
review the complaint under strict scrutiny
both a & b
deny the protestor's motion to dismiss which asserted First Amendment protection
The court may "review the complaint under strict scrutiny". This is a standard of judicial review used when a case involves potential infringement of constitutional rights, in this case, the First Amendment. However, every case is unique and this doesn't constitute legal advice.
The Jacob and Laban story involves _________.
Question * options:
duress
fraud
violation of contract
negligence
b & c
The Jacob and Laban story involves "fraud" and "violation of contract". This biblical story is often cited in legal discussions due to Laban's deceptive practices and breach of agreement. Please note, this doesn't constitute legal advice.
Cindy is playing touch football and John is playing too rough and knocks Cindy down breaking her arm. She sues John for the injuries to her arm. She can sue for _________.
Question * options:
assault
battery
a &b
none of the above
Cindy can sue for "battery". In Pennsylvania, battery is defined as intentional harmful or offensive physical contact. However, this doesn't constitute legal advice as different elements might need to be proven in a court of law.
Adam sends his daughter to summer camp and while she is playing in a water balloon fight with fellow campers she trips and falls on the sidewalk and suffers a concussion. Her father sued the summer camp for negligence because they allowed the game to occur next to a cement sidewalk. The camp will argue as a defense____________.
Question * options:
no legal duty to his daughter
no breach of duty to his daughter
they did not cause the injury another child did
assumption of the risk
immunity
The summer camp might argue the defense of "assumption of the risk". This implies that the child, by participating in the game, knowingly assumed the inherent risks associated with it. Please note, every case is unique and this doesn't constitute legal advice.
Stacy stands behind Becky and pulls a chair out from under her and she falls to the floor and the class laughs at her. Stacy committed ________________.
Question * options:
assault
battery
intentional infliction of emotional distress
invasion of privacy
assault and battery
Stacy committed "battery". In Pennsylvania, battery is intentional harmful or offensive physical contact. However, this doesn't constitute legal advice as different elements might need to be proven in a court of law.
In the Jacob and Laban story, Jacob's claim would be enforced under the statute of frauds.
Question * options:
TRUE
FALSE
The answer is "FALSE". The Statute of Frauds requires certain contracts to be in writing, but it wouldn't apply to the Jacob and Laban story as their agreement was oral and involved personal services, not goods or real estate. However, this doesn't constitute legal advice.
The authority and power of the federal judiciary is in ___________.
Question * options:
Article II
Article II and III
Article III and VI
Article V and VI
Article III and V
The authority and power of the federal judiciary is in "Article III" of the U.S. Constitution. This article establishes the judicial branch of the federal government. However, this information does not constitute legal advice.
The burden of proof for pre-trial motions in a criminal case is _____________.
Question * options:
beyond a reasonable doubt
clear and convincing evidence
preponderance of the evidence
probable cause
reasonable suspicion
The burden of proof for pre-trial motions in a criminal case is typically "preponderance of the evidence". This standard requires the party to show that it's more likely than not that the claim or assertion is true. However, this is general information and doesn't constitute legal advice.
The ___________ gave to Western tradition the principle that the government is obligated to protect the rights of its citizens.
Question * options:
ancient Greeks
ancient Romans
ancient Hebrews
The "ancient Romans" gave to Western tradition the principle that the government is obligated to protect the rights of its citizens. This idea was particularly reflected in Roman law. Please note that this is general historical information and doesn't constitute legal advice.