Torts Keyed to Epsteinback
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An attorney won a large medical malpractice verdict against a doctor for a botched liposuction procedure performed on a patient. The patient was unaware that the doctor was board-certified only in dermatology but not in plastic surgery. In a televised interview in which he discussed the trial, the attorney stated that “doctors who are not board-certified need to notify their patients regarding their true qualifications.” The doctor brought a defamation action against the attorney based on the statement.
Who will prevail?CorrectIncorrect
A bar owner applied to the state liquor board for transfer of the license of his bar to a new site. The board held a hearing on the application. At that hearing, a woman appeared without being subpoenaed and stated that the bar owner had underworld connections. Although the woman did not know this information to be true, she had heard rumors about the bar owner’s character and had noticed several underworld figures going in and out of his bar. In fact, the bar owner had no underworld connections. The liquor board ultimately granted the bar owner’s application.
In a claim against the woman based on defamation, the bar owner will:CorrectIncorrect
An ex-convict, who spent nine years in prison for car theft, vowed to get even with the prosecutor of his trial. While in prison, the ex-convict was told by another prisoner, a drug dealer, that when the prosecutor was in private practice as a criminal defense attorney, he had represented the drug dealer in a drug charge. The drug dealer claimed that because he did not have the cash to pay the prosecutor his fees, he offered to pay his fees with five ounces of cocaine, and the prosecutor accepted.
Although the ex-convict had no independent reason to know whether what the drug dealer said was true, he believed that it was. When he got out of prison he learned that the prosecutor was running for district attorney. The ex-convict went to one of the local papers and sold them the story for $1,000. In the article that resulted, the ex-convict was quoted as saying, “I only hope that the prosecutor suffers like I had to suffer for the last nine years.” Although the allegation was false, the prosecutor withdrew from the race as a result of the article.
In a suit by the prosecutor against the ex-convict for defamation, the probable result would be:CorrectIncorrect
After being notified by a doctor that her employment with his office was terminated, a nurse applied for a position with a hospital. In her application, the nurse listed her former employment with the doctor, with the under standing that the doctor might be contacted. The doctor, in response to a telephone inquiry from the hospital, stated that the nurse “lacked professional competence.” Although the doctor reasonably believed that to be a fair assessment of the nurse, his adverse rating was based on an episode of malpractice for which he blamed the nurse but which in fact was chargeable to another doctor. Because of the doctor’s adverse comment on her qualifications, the nurse was not employed by the hospital.
If the nurse asserts a claim based on defamation against the doctor, will the nurse prevail?CorrectIncorrect
A bill collector for a store came to a consumer’s house at 7 p.m. on a summer evening while many of the consumer’s neighbors were seated on their porches. When the consumer opened the door, the bill collector, who was standing just outside the door, raised an electrically amplified bullhorn to his mouth. In a voice that could be heard a block away, the bill collector called the consumer a “deadbeat” and asked him when he intended to pay his bill to the store. In fact, the consumer did not owe any money to the store.
If the consumer asserts a claim based on defamation against the bill collector and prevails, it will be because:CorrectIncorrect