PRIVACY, DEFAMATION AND OTHER RELATIONAL TORTS

FINAL EXAMINATION


PROFESSOR COOPER SPRING 2002

GENERAL INSTRUCTIONS


1. This is a closed book exam. The exam contains two parts. Please write your exam number

 where indicated on Part I and Part II. THIS INSTRUCTION APPLIES TO BOTH
 THE ESSAY AND MULTIPLE CHOICE SECTIONS.

 2. Part I consists of 20 multiple choice questions to be answered in the first hour of the exam

 period. The multiple-choice section consists of eleven (11) pages on BLUE paper. Indicate
 the best answer on the ParSCORE Test Form provided. The Part I questions and answer
 sheet must be returned to the exam envelope at the end of one hour, or earlier. If you finish
 Part I early, you may move on to Part II. To move on, place the Part I questions and answer
 sheet in the exam envelope. After doing so, you may work on the essay section, which is
 Part II (GREEN paper). After one hour, the proctor will call "time" for the multiple-choice
 section and all students must return the Part I questions and answer sheet to the exam
 envelope.

NOTE: You will not have access to the Part I Questions or answer sheet while working on Part 11 of the exam. If you finish the multiple choice section early, you must put the multiple choice materials away before beginning work on the essay section.


3. Part II consists of two 60-minute essay questions on two (2) pages of GREEN paper (and

 a duplicate of this instruction page). You may begin the essay portion of the exam as soon
 as you are finished with Part I. The essays should be answered in blue books, using every
 other line on one side of the page, unless you are typing. Typed answers should be double
 spaced. If you are typing, please leave sufficient margins for my comments.

 4. The multiple-choice questions, first essay and second essay are of approximately equal

 weight.

 5. Please write legibly. I will not give you credit for words I cannot read.
 6. Unless the question indicates otherwise, answer using tort principles of general application,

 including discussion of any applicable split of authority.

 7. A complete discussion of an essay question requires consideration of potentially applicable

 privileges or defenses, if any.

 8. ALL EXAM PAPERS - INCLUDING THE PART I ANSWER SHEET, BLUE
BOOKS FOR PART II, THE EXAM QUESTIONS AND ALL NOTES - MUST BE
 RETURNED IN THE ENVELOPE AT THE END OF THE EXAM.
9. Good luck. We had a great class. Enjoy your summer!

Question One

(One Hour)


Diana Prince was a star basketball player at Major State University (MSU). After her college career ended, Prince was widely expected to be among the first players drafted by the Women's National Basketball Association (WNBA). Prince signed a three-year contract with sports agent Sherry Maguire to represent her in her professional career. Like Prince, Maguire had played basketball at MSU. After playing in the WNBA, Maguire went to law school, passed the bar, and became an agent. Prince liked Maguire and was impressed with her integrity and legal background.


Prince's coach at MSU, Pat Hill, had coached Maguire during her college days. Hill did not like Maguire; the two often clashed during their player-coach relationship. Hill also blamed Maguire for the team's crushing defeat in the national championship game several years ago. Hill had argued against Prince hiring Maguire, and she was disappointed when Prince signed the contract with Maguire. Hill continued to doubt the wisdom of hiring Maguire, so she made some inquiries regarding Maguire's work. Hill learned that Maguire was not a "practicing" attorney. Hill telephoned Prince's father to advise him of the results of her inquiries. Mr. Prince expressed serious concerns about Diana being represented by an agent who was not an attorney. Hill made no effort to clarify what she had said. The next day, Diana Prince sent a letter to Maguire, terminating the representation contract. Prince then began meeting with other agents.


Maguire was determined to reinstate her contractual relationship with Prince. She knew Prince was going to be a big star both on and off the basketball court. Maguire met with Prince, urging her to reconsider. Meanwhile, Mr. Prince contacted Nicole Cash, a legendary-and ruthless-sports agent, about representing his daughter. Cash knew Maguire also was interested in representing Prince. Cash told Prince she should hire her because she had "better connections than Maguire, and Maguire is not a real attorney." The next day, Prince signed a three-year contract with Cash. Later, Prince signed a three-year contract for $3 million with the Metropolis Wonders of the WNBA. Cash earned a $250,000 fee on the player contract. Cash also represents Prince in TV appearances, endorsements, and merchandising. Cash's financial share of these transactions is substantial.


Maguire would like to sue Hill and Cash. Investigation reveals the following information. Hill denies saying anything derogatory or false about Maguire when she spoke to Prince's father. Hill admits saying that Maguire was not a "practicing" attorney but maintains it would have been ruck to correct Mr. Prince's understanding that Maguire was not an attorney at all. While Maguire dots not practice law, she is a licensed attorney- and Cash was aware of this fact.


1. Discuss Maguire's claim against Hill for interference with contract. Please note: this jurisdiction does not require a plaintiff to prove wrongfulness of interference as part of her prima facie case in claims for interference with existing contracts.


2. What claims may Maguire bring against Cash? Discuss.


Question Two

(One Hour)


KLOD, Inc., a television station in Metropolis, Anystate, broadcasts Jack Hammer Reports. The program, hosted by news reporter Jack Hammer, focuses on "hard hitting investigative reports."


One of Hammer's recent reports concerned truancy in the Metropolis schools and the serious social consequences of students skipping classes. As part of this report, Hammer and a camera crew accompanied Metropolis truancy officer Pete Malloy as he did his work. While out on patrol, Officer Malloy encountered high school student Ferris Bueller on Main Street, two blocks away from school. The officer asked for identification, but Bueller had none. Because Officer Malloy was unable to confirm Bueller's identity or age, he transported Bueller to the Metropolis County truancy enforcement center. At the center, Bueller was required to empty his pockets as part of intake and processing, which occurred at the center's front desk in the building lobby. The contents of Bueller's pockets included cash, breath mints, and a bottle of pills. After questioning by Officer Malloy, Bueller revealed that the pills were antidepressant medication which had been prescribed by his psychiatrist. All of these activities were filmed by the KLOD news crew.


After the news crew left the center, Bueller's mother picked him up, and explained to Officer M alloy that her son was not truant. He had been sent home because of a paperwork problem. Before his mother arrived, Bueller had not provided any explanation for being out of school.


Neither Hammer nor any member of the KLOD news crew spoke with Officer Malloy after leaving the truancy enforcement center. KLOD aired the truancy story two days later on Jack Hammer Reports. Footage from Bueller's encounter with the truancy system was used in a promotional spot for the show as well as in the report itself. The promotional spot used footage of Bueller being questioned at the truancy enforcement center and emptying his pockets while officers observed him. The video in the promotional spot was accompanied the following audio: "On the next Jack Hammer Reports truancy and teens ...it's Friday afternoon ...do you know where your teenager is?" The broadcast report included footage of Bueller being questioned by Officer Malloy and explaining that the pills in his possession were "antidepressants I got from my psychiatrist." Bueller's name was never mentioned during the broadcast or the promotional spot. However, Bueller is a 6'10" tall basketball player at Metropolis High, and he was wearing a t-shirt with his player number - but not his name. The shirt was visible in the televised images.


You represent KLOD. Bueller plans to sue, and KLOD's president has asked you to analyze:


1. Bueller's potential defamation claim, including whether KLOD might be liable for punitive damages.


2. Bueller's potential invasion privacy claims against KLOD. Please keep in mind that Anystate does not recognize the theory of false light invasion of privacy.