General Instructions

1. You have three (3) hours to complete this exam.

2. This is a closed book exam.

3. This exam contains two parts:

Part I consists of 20 multiple-choice questions. You have one (1) hour to complete Part I. Correct multiple choice answers are to be marked on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer. The questions for Part I, and the ParSCORE form must be returned to the exam envelope at the end of one hour. If you finish Part I early, you may move on to Part II. Once you have moved onto Part II you may no longer access Part I.

Part II consists of two (2) essay questions. The recommended time for each essay question is one (1) hour. You may begin the essay portion as soon as you have returned Part I to your exam envelope.

4. Answer Part II (Essay) in blue books or type your answer. If writing in blue books, write on every other line and on one side of each page. Please write legibly. I will not give you credit for words I cannot read.

5. The multiple-choice section and each essay question are of approximately equal weight – each section counts for 1/3 of the total points of the exam.

6. Unless the question indicates otherwise, answer using tort principles of general application, including any applicable split of authority. Essay analysis may require consideration of potentially applicable privileges or defenses.

7. Write your exam number on your exam envelope. Please put your student exam number at the top of this page, each page of essay questions, each Blue Book, and on the Par SCORE test form. Do not use your name, student ID number, or Social Security Number on any exam materials.

8. At the conclusion of the exam, return all test materials, including blue books, scratch paper, the ParSCORE answer sheet and this exam packet to the envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

Good luck. Thank you for a wonderful class. Have a great summer!

PRIVACY, DEFAMATION & OTHER RELATIONAL TORTS

PART II: ESSAY

QUESTION ONE
(One Hour Suggested)

Paula Payton was shopping at Supermarket with her husband. Gail Security Guard was observing shoppers. Gail saw Paula, who at that point was shopping separately from her husband, take a pack of cigarettes from her shopping cart and place it in her pocket. As Paula walked away from the cart with the cigarettes in her pocket, Gail stopped her. In the presence of other shoppers, Gail accused Paula of shoplifting and demanded that Paula accompany her to the store security office. In the security office, Paula asserted that she never intended to leave the store without paying for the cigarettes, and was merely taking them to the cashier to pay for them separately so that her husband would not know that she was still smoking. Gail did not believe Paula and refused to discuss the matter with Paula's husband. After Paula became angry, Gail called the police, who arrested Paula for the crime of shoplifting. Gail concedes she would not have involved the police if Paula had not been "abusive" when Gail questioned her.

Paula serves as town building inspector. The building inspector is appointed by the mayor and makes recommendations to the town planning commission regarding whether or not applications for building permits should be granted or denied. When the mayor learned of the shoplifting charge, he suspended Paula without pay pending investigation of the charges. Following a brief investigation, the district attorney (DA) concluded Paula had not intended to leave the store without paying for the cigarettes. The DA declined to proceed with the case, and the charges against Paula were dismissed.

Paula was reinstated as building inspector and returned to work in the midst of a heated debate regarding the issuance of a building permit for a controversial condominium project. During a building commission meeting, local residents spoke against the issuance of a building permit. Paula, however, reported her recommendation that a permit should be issued. During the period for comments by members of the public following Paula's report, Ned, a local resident who opposed the project stated: "What would you expect from someone who bribed the DA to get him to drop charges against her?" Ned had no evidence that Paula had bribed the DA. However, based on his deep-seated distrust of political appointees, he sincerely believed that Paula had done so.

Discuss Paula's claims against Gail and Ned.

QUESTION TWO
(One Hour Suggested)

Jane Doe has threatened to sue the Daily News newspaper (News) based on the following incident and news story. One night, Doe returned to her apartment and discovered her roommate unconscious and badly beaten. As Doe left the apartment to call the police, she saw a man B who most likely was the attacker B in the hallway. Terrified, Doe ran faster, fearing the man also would attack her. Doe later provided a description of the man to the police along with her account of finding the victim. This information was recorded in a police report that identified Doe by her real name.

Roy is a newly hired reporter at the News who specializes in human interest features stories. He covered the story, interviewing the investigating detective at the police station. The detective informed Roy that the victim's roommate had found the victim and provided a description of the suspected attacker. The detective did not identify Doe by name, and he told Roy that he did not want the information to appear in the newspaper. The police report, however, was visible on the detective's desk. Roy was able to see Doe's real name, which he jotted down, along with other details from the police report.

The News published Roy's feature story that identified Doe by name as the "heroic roommate" who "stood up to a violent attacker so she could identify him and make him pay for his crime." Although other media outlets covered the story, no other stories identified Doe by name. In addition, other stories that appeared in the News itself also withheld Doe's identity. With her identity disclosed, Doe now fears that she is in danger of being attacked by the man who beat her roommate.

Your firm represents the News. The senior partner requests your analysis of Doe's potential invasion of privacy claims, understanding that the News will be vicariously liable for any torts committed by Roy in the course and scope of his employment.

END OF EXAM