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Question
There are two categories of emotional distress lawsuits, that is, intentional infliction of emotional distress and negligent infliction of emotional distress.
Answer
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Which of the following is defined as an invented mark or a made-up word?
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A person who had tested positive for HIV, the virus that causes AIDS, was at a hospital for further tests and discussion with a doctor. The patient did not have the disease of AIDS, only the HIV virus in his body. When the patient entered the hospital examination room, where normally only the patient and physician would be present, he was asked if he would allow his photograph to be taken. At first, he refused. But the photographer and physician assured him that he would not be recognized because the photo would be taken from a back angle and in silhouette. No one said who the photographer was, but the patient assumed she was with the hospital and that the photo would be used for research purposes within the hospital. The patient agreed to allow the picture to be taken. In fact, however, the photographer was from the local paper that published the photo of the patient being examined by the doctor to illustrate a story that discussed the hospitals research on people who have the AIDS disease. The patient could be identified in the photo by a number of his friends, and he was terribly upset by his picture being used with the story. The patient wants to sue the newspaper for negligent infliction of emotional distress. Would that suit be successful? Why or why not?
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Whether a plaintiff is considered a public figure for purposes of a libel suit can depend on the nature of the material being publishedspecifically whether it relates to a matter of public concern.
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A newspaper can act as a third party to assert the First Amendment right of an anonymous commenter in an online libel case.
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Punitive damages usually provide the most monetary award.
Q:
To win an intentional infliction of emotional distress suit, a plaintiff must show the defendant ______.
a. wanted the plaintiff to suffer physical injury
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A century ago when plaintiffs first brought lawsuits claiming defendants caused them emotional distress, courts ______.
a. generally allowed the plaintiffs to sue
b. rarely allowed plaintiffs to recover for emotional distress
c. allowed only public officials and public figures to recover for emotional distress
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Emotional distress is defined as ______.
a. being insulted
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The purpose of retraction statutes is to ______.
a. mitigate the damages a libel defendant may be required to pay
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Words within direct quotation marks ______.
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Students in all public educational institutions, whether primary schools or universities, enjoy the same protection from regulation of their speech.
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The First Amendment does not limit the power of state or local legislatures.
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Originalists believe that interpretation of the Constitution should be guided by the actual text of the document.
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A classical prior restraint imposes broad government power to review and select acceptable content before ideas are published.
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Functionalists, or instrumentalists, believe that the First Amendment protects the freedom of speech and of the press only because these freedoms advance important societal goals, such as democracy.
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The First Amendment stands as a nearly absolute ban to prior restraint.
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Textualists believe that interpretation of the Constitution should be guided entirely by its own language without reference to history or contemporary issues.