MC 4163 — SECOND EXAM STUDY GUIDE:

Emotional Distress

• Why does this tort exist?
   
  
• What does it have to do with libel?
   
  
• Three rationales for NOT recognizing the liability for intangible harm of emotional distress.

• What must a public figure or public official prove to win an intentional infliction of emotional distress lawsuit? (Hustler Magazine v. Falwell, 1988)

• Intentional Infliction of Emotional Distress
  • In Oklahoma, do private figures frequently win infliction of emotional distress lawsuits against the media? Why?
     
    
  • What is the statute of limitations for filing an infliction of emotional distress lawsuit in Oklahoma? Can that time limit be extended?
     
    
  • Why can't a company sue for infliction of emotional distress?
     
    
  • What are the criteria required to prove intentional infliction of emotional distress? Which criterion do courts focus most on?
     
    
  • According to the Oklahoma Supreme Court, this tort is an attempt to strike a balance between what?
     
    
  • Does the law attempt to protect people from "every intrusion into the psychic tranquility of an individual"?
     
    
  • How do Oklahoma courts determine what is "extreme and outrageous behavior"?
     
    
  • Be familiar with the examples and reasoning for what is or is not "extreme and outrageous behavior." Is "poor taste" equivalent to "extreme and outrageous behavior"?
     
    
  • Do Oklahoma courts consider mere insults, indignities, threats, annoyances and petty oppressions to be extreme and outrageous conduct?
     
    
  • How do Oklahoma courts determine if "severe emotional distress" has occurred? Be familiar with the corresponding examples. To demonstrate severe emotional distress under Oklahoma law, the plaintiff should be able to demonstrate what?

• Negligent Infliction of Emotional Distress
  • Does Oklahoma recognize this as an independent tort?
  • What level of fault must be proved by public and private figures claiming infliction of emotional distress because of "negligent publication"? Why?

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