For a conditional privilege to apply the defendant must make the defamatory statement:
a. In bad faith.
b. In good faith.
c. Knowing the statement was false.
d. None of the above.
B
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Eleanor is 91 years old. She lives in her home and relies on a neighbor who checks on her every day. The neighbor provides companionship and food and helps with chores around the house. The neighbor tells Eleanor that if she doesn’t find a way to make some money, she will have to get a job, and then won’t have time to visit with and care for Eleanor, and Eleanor will have to pay someone else to do what she does now for free. Eleanor enjoys the neighbor’s company, and says she can try to pay her something to come by, because she relies on her visits. The neighbor tells Eleanor that she would like to have some of Eleanor’s jewelry, so that she can resell it for a profit. Eleanor explains that her items of jewelry are family heirlooms that she doesn’t want to sell, and that
they are the only valuable things she owns. Neighbor takes some of Eleanor’s jewelry during a visit, sells it and keeps the money. Eleanor subsequently seeks return of the items, but the neighbor claims that they had a contract that she could have the jewelry to compensate her for caring for Eleanor. What defenses can Eleanor assert that there is no enforceable contract? Explain fully. What will be an ideal response?
What is a subpoena duces tecum?
What will be an ideal response?
In a determination of the issue of proximate cause, the trier of fact considers
A. the two types of facts. B. whetherthe actorknewwith substantialcertainty that the actionwould cause injury. C. whetherthe actor engagedin conduct with reckless disregard for the safety of others. D. None ofthe above.
By statute, a state may allow a child who has suffered an intentional tort to be able to file suit within
three years of becoming a legal adult. This is a policy decision that seems to defeat the use of the A) discovery rule B) defense of mistake of fact C) defense of consent D) defense of statute of limitations