New York Law (NYLE) Practice Exam

How was the right to privacy established under New York Law?

1. Created under common law

2. Extends to private individuals while alive and deceased

3. Applies to newsworthy events and matters of public interest

4. Could give rise to a civil action and can constitute a misdemeanor

The correct answer is: Could give rise to a civil action and can constitute a misdemeanor

The right to privacy in New York Law is established through various legal principles, with the ability to give rise to a civil action being a key element. In New York, individuals have the right to sue for invasion of privacy, which includes the right to control the use of one's name and likeness, and protection against unwarranted intrusions into personal life. This civil action arises under statutory law, specifically under sections of the New York Civil Rights Law. Additionally, the right to privacy also functions within the context of emotional distress claims, where an individual may seek redress for harm caused by the invasion of privacy. The nature of privacy rights means they are actionable both in civil litigation and, under certain circumstances, could be related to misdemeanor offenses, particularly when such invasions may involve harassment or other wrongful acts. While other options touch on relevant aspects of privacy, such as its establishment under common law or its application to newsworthy events, they do not capture the comprehensive legal framework and actionable rights that directly support the assertion. The focus on civil actions and potential misdemeanor implications aligns most closely with the recognized legal standing of privacy rights in New York.