Depositions are:
A. A posttrial tool used to exchange documents
B. A form of discovery available to ask questions and obtain oral answers under oath from a witness or party to a lawsuit
C. A form of discovery where written questions are sent to the opposing party and are answered under oath
D. All of the above
Q. 2One of the challenges for plaintiffs involving tort claims with the Internet is finding the true identify of an anonymous Internet users.
a. True
b. False
Indicate whether the statement is true or false
Q. 3A court will sometimes create a condition on performance in order to avoid ________.
Fill in the blank(s) with correct word
Q. 4How does a court know whether a contract has been breached?
A) by reading the contract to determine the obligations of the parties
B) by listening to testimony about what the parties were supposed to do under the contract
C) by applying reason and common sense to a knowledge of the parties' expectations
D) by discussing the contract with the parties attorneys
Ronald leases an apartment to Peter for 500 per month, heating and electric included.
Q. 5A website owner or operator can be found liable for the invasion of privacy tort of public disclosure of _________ for posting information on the Internet concerning the private life of another person where the publication is highly offensive to a reasonable person and the matter is not one of a legitimate concern to the public.
Fill in the blank(s) with correct word
Q. 6Hypothetical: Jill's ex-husband, Mark, has sent Jill a number of threatening e-mail messages. . Jill has found out that her ex-husband has also maliciously posted her personal information, including her social security number, name, home address, email address, cell phone number, and bra size on sadomasochistic websites. Mark has also used morphing technology to superimpose Jill's face on pornographic images and videos on websites maintained by a third party website operator. Mark is upset because Jill committed adultery during their marriage. What are the strongest potential torts for Jill in a suit against Mark and a third party website operator? What defenses could Mark and the third party website operator assert?
What will be an ideal response?
Q. 7The right of ______ is the right to control the use of one's own name, picture, or likeness and to prevent another from using it for commercial benefit without one's consent.
Fill in the blank(s) with correct word
Q. 8Hypothetical: Cindy is at a park with her seven-year old daughter. John is also at the park with his seven-year daughter and John takes a photo of his daughter and Cindy's daughter playing together at the park. John uploads the photo to his personal blog. Cindy brings an action for intrusion upon seclusion against John and seeks money damages for emotional distress damages. A court would likely dismiss Cindy's tort action for intrusion upon seclusion.
a. True
b. False
Indicate whether the statement is true or false
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