Final Exam - Winter 2002

---

Deadline: 12:00 p.m. (noon), Tuesday, March 14. No late exams will be accepted. If your exam is not in by the deadline and you have not received an extension, you will receive a failing grade of "0" for the final exam.

GRADING: We expect complete, concise, organized answers (ONE page should be adequate). You should be able to answer the questions using the book, the J385 Web site, and lecture notes; however, you are welcomed to use other authorities should you think it worthwhile.

A premium will be placed on accuracy, precision and the application of the appropriate legal standards and concepts to the questions presented. Answers that are "sort of" right will receive few points.

The questions are intended to be ambiguous. In some instances it may be quite possible to reach different conclusions concerning the outcome of a given fact situation. We are most interested in the reasoning you use to reach a conclusion. Put maximum effort into clearing explaining the law and logic you use to reach your conclusion.

The Rules:

You are free to discuss the questions with other members of the class. Friends (especially law students), parents, lawyers and others shall not be consulted.

Once you are ready to write your answers, please do it alone without any help from others.

I will be available to discuss general questions about the class material. I will not answer any question directly related to a specific fact situation in the exam, except to clarify the facts. If you have questions, please ask, but I reserve the right to decline to answer.

1. Insider magazine, a publication devoted to gossip and celebrity journalism, published a story in which it alleged that Tom Thug, a mobster who has been in jail since 1987, was the mastermind behind a string of murders in Chicago in 1994. To illustrate the story, Insider used a stock photo from its files. The photo caption identified the person in the photo as "Tom Thug the month before he went to prison." The photo was selected just before the magazine went to press for use with the story.

In fact, the person in the picture was Larry Legal, a business owner in Tacoma. Legal, who had been featured in an Insider story on successful new business owners of 1991, filed a false light suit against the magazine.

What will Legal have to prove to win his suit? Given the available facts, is he likely to win the case? Yes or No? Explain your answer.

2. Author Bill Book has written more than 20 mystery novels set in Portland, Or. In his most recent book he developed a character named Fiona Bridget Kelly. Fiona is a criminal attorney, age 40, who defends drug dealers. She becomes involved in some questionable activities and at the end of the book loses her license to practice law. In telling his story, Book reveals that Kelly had been adopted at birth and as a minor had been convicted of shoplifting. Because she was a minor, the conviction is not been in the public record.

Shortly after the book was published, Fiona Samantha Kelly (her friends call her Sam), a 40 year-old criminal attorney in Portland who dated Book for several years in the mid-90s , filed a suit against Book. She claims that Book published private facts about her in order to embarass her and appropriated her identity in order to sell books. Kelly acknowledges that she is adopted and admits that she was convicted of shoplifting as when she was 12 years old.

Will Kelly's suit be successful? Yes or No? Explain your answer.

3. Frank Flack is a reporter for the Anytown Gazette. For more than three years he was the lead reporter on a high profile murder case. Following the conviction of three high school friends for the murder of their best friend, Flack wrote a book about the case. Star Studio attempted to buy the rights to Flack's book, but he rejected the studio's best offer.

Flack was shocked when he turned on the television several months after he turned down the movie deal and saw a made-for-tv movie about the case. The movie, produced by Star Studio, contained many of the facts in Flack's book, but took a very different approach to the story.

Flack wants to bring an copyright infringment suit against Star Studio. What will he have to prove to win his case? Will Flack win? YES or NO? EXPLAIN YOUR ANSWER.

4. Because Internet content is delivered via cable and telephone lines which are regulated by the government, the Internet should be regulated using a broadcast model. True or False? Explain your answer.

5. Larry Loudmouth, a loyal KWAK-AM listener, is very upset over the station's reporting about development of the Riverfront Research Park. In a letter to the station he wrote:

"Over the last year and a half your coverage of this issue has lacked any sense of balance. I've kept a log and of the 142 minutes of news programming devoted to this very important controversy, over 100 minutes was pro-park. You keep ignoring the people on the other side of the issue. If you are going to quote the leaders of the pro-park movement, then you have to quote the leader of the opposition.

I am a loyal listener, but I am going to file Fairness Doctrine and Section 315 complaints with the FCC. The lack of balance in your coverage is an outrage!"

You are KWAK-AM's station manager. Briefly outline the points you would make in writing a response to the legal issues raised in Loudmouth's letter.

6. The State of Oregon is concerned with the growing use of tobacco products by children. In order to discourage tobacco use, the legislature passed a law banning the advertising of tobacco products on billboards or other forms of outdoor display advertising in the state. Other forms of tobacco advertising were not affected by the legislation.

The tobacco industry challenged the law claiming that it will not directly advance the state's interest and that the state had not used the "least restrictive means" to regulate tobacco advertising.

Will the State be able to successfully defend its ban on outdoor advertising of tobacco products? Yes or No? Explain your answer.

7. Best Body Cosmetics is marketing a new skin care product called, SMOOTH SKIN. Both print and television advertising for the product contains the following claims:

"Now, thanks to SMOOTH SKIN Research, no woman has to resign herself to unattractive ripples, bumpy texture, and slackness caused by cellulite."

"SMOOTH SKIN attacks your cellulite problems two ways: first, it increases skin circulation to help disperse toxins and excess water that contribute to cellulite pockets, and second, it builds sub-skin tissue strength and tone for smoother support."

"SMOOTH SKIN Shield blocks 99 percent of the sun's damaging rays from reaching your skin."

"8 out of 10 skin care consultants recommend SMOOTH SKIN to their clients."

The FTC charges that the SMOOTH SKIN ads are deceptive.

Best Bodies claims that it is not required to provide substantiation for any of the claims in its advertising because some of the claims are not material and others are puffing. Will this defense be successful? YES or NO? Explain your answer.

8. Acme Computer Co. launched a new line of computers. In its television ad campaign, famous actor Deep Pipes is the voice for the ads. He does not appear in the ads and he is not identified by name, but his voice is distinctive. Pipes does not say that he uses an Acme computer, but his voice is a integral part of the ad campaign.

In fact, Pipes is an avid user of Bell Computers. When Bell learns of the new Acme campaign, the company files a complaint with the FTC claiming that Pipes is doing a testimonial for Acme. Since Pipes does not use an Acme computer, Bell claims the ads are deceptive.

Is the Acme campaign deceptive? Yes or No? Explain your answer.