29.  Senator Bloviate was speaking at a public rally when Sa…

29.  Senator Bloviate was speaking at a public rally when Sandra stood and shouted, “You are a tool of the oppressive capitalist infrastructure, a puppet in the hands of the real ruling class, a running dog for the WTO—the World Totalitarian Oligarchy!”  Although security personnel quickly put an end to Sandra’s rant, Bloviate took offense and sued Sandra for defamation. Did defamation occur?

22. Axiam Inquisition (Inquisition) magazine published a new…

22. Axiam Inquisition (Inquisition) magazine published a news article about Paul Prude, a famous TV talk show host. The article said that Prude was a vengeful man who once kept actor Xavier Tiger off his program for ten years because Prude thought (falsely) that Tiger had leered at Prude’s wife. Inquisition’s source for this news item was Stan, a servant of Prude. Ed, the editor of Inquisition, knew that Stan was a crack addict and that the money Inquisition was paying him was important to Stan so that he could maintain his drug habit. A journalist of average professionalism would not have believed Stan’s report, but Ed had the unusual habit of believing people quickly and in fact believed Stan implicitly. Prude has brought a libel action against Inquisition, in which he has proved decisively that he never tried to keep Tiger off his show. May Prude recover?

24.   Cashier had worked for Anvil Bank for ten years. He wa…

24.   Cashier had worked for Anvil Bank for ten years. He was then fired due to the bank’s desire to reduce expenses and return to profitability. Cashier next landed a job with Bigelow Bank. Denise, who was a fellow employee of Cashier’s at Anvil, believed that the banking world should be run more efficiently. She therefore wrote an anonymous letter to the president of Bigelow, stating, “You really should think twice about keeping Cashier on your payroll. He was fired from Anvil for consistently taking a one-hour lunch period instead of the allowed half-hour.” Denise believed that her statement was correct; however, if she had used reasonable care, she would have discovered that even though Cashier did take longer lunches, this had nothing to do with his firing (which was purely for financial reasons and was based on relative seniority). The president disregarded Denise’s letter. Cashier discovered that Denise sent the letter and sued Denise for libel. Denise defends herself on the grounds that she was privileged to make the statement she made. Is Denise’s assertion correct?

27. Lilla and Milla are identical twins. Lilla is a well-kno…

27. Lilla and Milla are identical twins. Lilla is a well-known bully in the neighborhood. On Monday, Branford was walking to school when he encountered Lilla. She squinted her eyes and said, “I don’t like the look of you. Stay out of this neighborhood. The very next time I see you, I’m going to cut you and break every bone in your body. No warning!”  That Wednesday, Branford was walking to school when he saw Milla walking up to him. Branford froze. When Milla got very close, Branford punched Milla.  If Milla sues Branford, and if Branford pleads an affirmative defense based on the privilege of self-defense, which of the following best describes the most likely outcome?

16.  A woman gets a phone call from a man representing himse…

16.  A woman gets a phone call from a man representing himself to be a disabled veteran, asking for funding for the charitable group, “Veterans Welfare United,” that contributes funds to disabled veterans from the Iraq and Afghanistan wars. He tells her that the group is an established and respected national organization that has helped thousands of veterans. He tells her that 80% of the funds collected go directly to disabled veterans. She agrees to sign up to donate through automatic payments of $500 per month from her checking account. After one year, the woman discovers that the group is only 20 months old and that it only provides 40% of its funds directly to disabled veterans, helping no more than a few dozen people since it started operating. She sues the group for misrepresentation, and includes the above facts in the complaint. The group files a motion to dismiss, arguing that the complaint fails to allege the elements of misrepresentation and the case should be dismissed as a matter of law. Will the court likely dismiss the action for failing to state a legal claim?