EXAM#

SPRING 1999

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.

2. Part I consists of 20 multiple choice questions to be answered in the first hour of the exam period. The multiple-choice section is 12 pages on goldenrod 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, put the Part I questions and answer sheet in the exam envelope and then raise your hand. A proctor will bring you Part II. After one hour, the proctors will call "time" for the multiple-choice section and all students must return the Part I questions and answer sheet to the exam envelope. Students should remain seated while the proctors hand out Part II.

NOTE: You will not have access to the Part I Questions or answer sheet while working on Part II of the exam.

3. Part II consists of two 60-minute essay questions on three pages of paper (including an 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. Enjoy your summer!

PART II

Question 1 (One Hour)

Petra Reynolds is a psychologist who works at the State Youth Detention Center (YDC) in Urban, Anystate. Reynolds conducts evaluations of juvenile offenders and makes recommendations regarding appropriate punishment, intervention or treatment.

Based on her work experience, Reynolds believes young people who play violent video games are at high risk for committing violent crimes. Recently, she invested in Action, a company that produces and markets nonviolent action video games. Action markets its products as an alternative to violent games. Reynolds is a member of Action's board of directors and has a substantial financial stake in the business.

ThrillCo, a competing company located in the same city as Action, produces realistic and violent video games. ThrillCo's founder and president is Jack E. Chan. One day, Reynolds pickets ThrillCo's offices, carrying a sign that reads "THRILLCO = KILLCO" and "CHAN TEACHES CHILDREN TO KILL." She also distributes a pamphlet to people passing by. The pamphlet promotes videos produced by Action and includes the following statement: "Research shows that teens who commit violent crimes are more likely to play ThrillCo videos than those made by any other company. Parents, you can reduce the risk of youth violence. Purchase Action's alternative games - and see the difference in your child and in the safety of our communities."

Ben Garcia, a columnist for the Urban Chronicle, interviewed Reynolds about her protest. He later interviewed Chan. During the interview, Chan said he had learned from a child advocacy group that Action had factories where children worked under unsafe conditions. Chan added that the company's board of directors condoned the use of child labor. In a follow-up interview, Reynolds denied Chan's charges. Garcia conducted no further investigation. That week, his column featured a story headlined "Video Wars - Local Companies Trade Charges." The story described Reynolds' protest against ThrillCo, Chan's charges regarding child labor, and Reynolds' denials.

Investigation reveals the following. The statements in the pamphlet were based solely on the personal views and experiences of Reynolds at YDC. The company cited by the child advocacy group was named Faction; Chan had misunderstood.

1. Your firm represents Chan. The senior partner has asked you to prepare a preliminary analysis of Chan's potential claims against Reynolds. Do not discuss interference with economic relations; the firm has decided not to pursue any claims based on that theory.


2. Discuss Reynolds' defamation claims against the Urban Chronicle.



 




Question 2 (One Hour)

Harley Davidson was seriously injured in a motorcycle accident on one of the busiest freeways in Big City, Anystate. Harley was not wearing a helmet and was under the influence of illegal drugs at the time of the accident. Paramedics were treating him when a film crew from Timeline, a popular TV news magazine, arrived on the scene and parked on the shoulder of the freeway. As paramedics placed Harley in an ambulance, the film crew used a zoom lens to capture the events inside the ambulance as the paramedics prepared to transport Harley to the hospital. Harley's face was heavily bandaged, although his hair - which at the time was colored purple - was visible. Timeline used this footage in a program about the work of emergency personnel at accident scenes.

Cara George obtained photos of Harley and the accident from a bystander who had taken photos at the scene. Cara wanted the state legislature to pass a law mandating motorcyclists to wear protective helmets. She included the photos of Harley, along with photos of other injured motorcyclists, in a letter to legislators urging them to "prevent further carnage" and support the proposed helmet law.




After recovering from his injuries, Harley successfully completed a drug rehabilitation program. He went to law school, graduated, and began working at a law firm in Big City. He occasionally returned to participate as a motivational speaker for other persons battling drug addiction at the rehabilitation center.




In the same year that Harley began to practice law, his sister Denice Davidson wrote a book entitled "Recovery: Surviving Trauma, Addiction, and Challenges of Life." The book was based on Denice's work as a therapist. To promote the book, Denice appeared on The Rosa Winston Show, a nationally televised talk show. Rosa asked Denice, "What inspired you to become a therapist, to help people recover from trauma, addiction, and challenges?" Denice responded: "My work is inspired by my brother Harley's battle with drug addiction. Drugs almost ruined his life, leading him to have a terrible motorcycle accident four years ago. Harley's story inspires the work I do and to spread the message to people that, yes, you can recover!" Within an hour, Harley's phone was ringing with calls from classmates, colleagues, and clients who had seen Denice on Rosa. Before Denice appeared on Rosa, Harley had not told his classmates, colleagues or clients about his past.




1. Discuss Harley's rights against Timeline and Cara.


2. Will Harley prevail if he sues Denice for public disclosure of private facts? Discuss.